Patents, prior art and Patent specification and claims

1. • Submitted to :-
• Dr.Mamta Arora
• Submitted by :-
• Ramandeep Kaur
• Msc(biotechnology)2nd year
• 4001
Patents

2. Contents
• Introduction
• Patentability Criteria
• Prior art
• Types of Patent Applications
• Patent Specification
• Patent Claims

3. Intellectual Property
•Intellectual property refers to creation
of the mind,such as inventions;literary
and artistic works;designs and
symbols ,names and images used in
commerce.

4. Intellectual Property Rights
•Intellectual property rights allow the
originator of certain ideas,invention and
expressions to exclude others from using
those ideas,inventions without
permission.

5. Types Of Intellectual Property Rights
• Patents
• Copyright
• Trademark
• Industrial design
• Layout designs
• Geographical indications
• Tradesecrets

6. What is a patent ?
•Patent is an exclusive right given by the
government to the inventor for his
invention and for the limited period of
time to protect it from others ,so that
they cannot use,make or sell it without
the permission of inventor.

7. Patentability Criteria

8. Patentability Criteria
• Test of novelty:- It means the subject should be new.
• Test of utility:- It means it should be useful.
• It should be capable of industrial applications.
• Non- obvious:- The invention should be non obvious.
Test of marketability:- It means that the subject matter should
have commercial purpose i.e. It should be saleable.

9. Prior Art
• Prior art is an evidence that your invention is already known.
It is enough that someone,somewhere,sometime previously
has described or shown or made something that contains a
use of technology that is very similar to your invention.
A prehistoric cave painting can be prior art.A piece of
technology that is centuries old can be a .prior art

10. Types of Patent Applications
• Provisional Application
• Ordinary Application
• Convention Application
• PCT International Application
• PCT National Phase Application
• Patent Of Addition
• Divisional Application

11. • Provisional Application:- It is also temporary application,is
filed when an invention is under experimentation and is not
finalized.In technical term the early filling of an invention will
prevent the occurence of any other related invention from being
designated as prior art to the inventor’s application.
• Ordinary or Non-Provisional Application:- This type of
application is filed if the applicant does not have any
priority to claim or if the application is not filed in
pursuance of any preceding convention application.It must
be supported by a complete specification , the likes of
which must depict the invention in detail.

12. Convention Application:- A convention application is
filed for claiming a priority date based on the same or
substantially similer application filed in any of convention
countries.To avail a status of convention,an applicant is
required to file an application in Indian Patent Office
within a year from the date of initial filing of a similar
application in the convention country.

13. • PCT International Application:-
• It is an international application.It is governed by
Patent Corporation Treaty and can be validated in upto
142 countries.Filling this application would protect an
invention from being replicated in these designated
countries.It also takes 39-31 months to enter into various
countries from the international filing date or the
priority date.

14. • PCT National Phase Application:-
• It is very essential for an applicant to file a
national phase application in each of the country
wherein protection is sought for.The time frame
for filling the same is schedule within 31 months
from international filling date.

15. Patent of Addition
• This application must be filed if the applicant
discovers that he has come across an invention which
is slight modification of the invention ehich has
already been applied for or patented by the
applicant.A patent of addition is only granted after the
grant of parent patent and hence no renewal fee
should be remitted during the term of the main
patent.

16. Divisional Application
•An applicant may choose to divide an
application and furnish two or more
applications if a particular application
claims for more than one invention.The
priority date for these applications is
similar to that of parent application.

17. Patent Specification
• The specification is a techno-legal document containing full scientific
details of the invention and claims to the patent rights.A complete
specification in whole is important for an invention.Essential
components of a complete specification are
description,claims,drawings,abstract and sequence listings if any.
• Two types of Patent Specification:-
1. Provisional specification
2. Complete specification

18. • Provisional Specification:-
• It is a type of document which discloses an inventive concept. It is filed
mainly to secure the prior date when inventor is in need of more timeto
work.Complete information is not required in this.
• Complete Specification:- This document discloses all details of an
invention in a complete manner .Moreover,each claim in the complete
specification defines an invention.Therefore each claim has a respective
priority date associated with it.

19. Contents Of Specification
1. Title of Patent
2. Background
3. Summary of the invention
4. Explanation if any of the patent drawing
5. Description of the invention
6. Patent Claims
7. Sequence listing,if any

20. Patent Claims
The purpose of patent claims is to define
which subject-matter is protected by the
patent.In the modern patent laws,patent
applications must have ate least one
claim,which defines elements of the patent
and primary subject of examination.

21. Types Of Claims
1. Independent Claim
2. Dependent Claim

22. • Independent Claim:-
1. Does not depend on any claim
2. Broadest Claim
3. A claim for thing
4. A claim for method of thing
5. A claim for method of using thing

23. Dependent Claim:-
1. Depends on another claim
2. Depends on independent claim
3. Refine scope of protection

24. References
www.wikipedia.com
www.mondaq.com
www.wipo.int.com
www.epo.org
Textbook of Biotechnology