WHAT IS PATENT?
Patent is an exclusive right
granted by the Authority to the
applicant of an invention for a
limited period of time in lieu of full
disclosure of his invention.
WHAT IS AN INVENTION?
“Invention” means any
(i) new product or process,
(ii)involving an inventive step and
(iii)capable of industrial application.
TATA'S SEEK PATENT SECURITY FOR NANO
KALA VIJAYRAGHAVAN & LIJEE PHILIP ET BUREAU MAR
16, 2009, 09.41AM IST
MUMBAI: Tata Motors has applied for
patent protection for over 37 inventions and
innovations linked to its high-profile
affordable car, Nano, in an aggressive
move to protect the brand against imitation
in the ultra-competitive car industry. It is
also close to filing intellectual property
rights (IPRs) claims for Nano in overseas
markets, company officials said.
The company has used a number of new
concepts and ideas to develop this vehicle
and patents will help in protecting some of
its innovative ideas, according to officials
close to the development
CRITERIA FOR PATENTING:
b) Inventive step
c) Capable of industrial application
The invention should not have been published in India
The invention should not have been in prior public
knowledge or public use in India.
Exception: display in public exhibition or paper
presented before a learned society but within twelve
months, patent application should be filed.
“Inventive step” means a feature of an invention that
involves technical advancement as compared to the
existing knowledge or having economic significance
or both and that makes the invention not obvious to
a person skilled in the art.
The question, „is there any inventive step?‟ arises
only if there is novelty.
CAPABLE OF INDUSTRIAL
Capable of industrial application, in
relation to an invention means that the
invention is capable of being made or
used in an industry.
NOT PATENTABLE IN INDIA
The patentability requirement in India, is, the invention should be
novel, inventive and capable of industrial applicable.
However, one can not get patent for all the inventions even though
which meets all the above criteria, and section (3) and (4) under
patent act has long list of area which are not patentable in India.
This section has been obstacle for not less than 50,000 inventions
which are eligible for registering patent
According to Section 3 of the (Indian) Patents Act, 1970 The
following are not patentable in India:An invention, that is frivolous or that claims anything obviously
contrary to well established natural laws;
An invention, the primary or intended use of which would be
contrary to law or morality or injurious to public health;
The mere discovery of a scientific principle or the formulation of
an abstract theory.
The mere discovery of any new property or new use for a known
substance or of the mere use of a known process, machine or
apparatus unless such known process results in a new product or
employs at least one new reactant.
A substance obtained by a mere admixture resulting only in the
aggregation of the properties of the components thereof or a
process for producing such substance.
The mere arrangement or rearrangement or duplication of known
devices, each functioning independently of one another in a known
A method of agriculture or horticulture.
Inventions relating to atomic energy within sub-section (1)
of Section 20 of the Atomic Energy Act, 1962 .
medicinal, surgical, curative, prophylactic
treatment of human beings or animals.
Plants and animals in whole or any part thereof other than
micro-organisms but including seeds, varieties and species
and essentially biological processes for production or
propagation of plants and animals
Mathematical or business method or a computer program
per se or algorithms.
works, cinematographic works, television productions and
any other aesthetic creations.
Mere scheme or rule or method of performing mental act or
Presentation of information.
Topography of integrated circuits.
An invention which in effect, is traditional knowledge or is
based on the properties of traditional knowledge.
WHO CAN APPLY FOR A PATENT?
An application for a patent may be submitted by:
1. Any person claiming to be the true and first
inventor of the invention.
2.Any person being the assignee of the person
claiming to be the true and first inventor in respect of
the right to make such an application.
3.By the legal representative of any deceased
person who immediately before his death was
entitled to make such an application.
WHERE TO APPLY
For applicants resident in India, appropriate
office is determined according to any of the
place of residence/business/origin of
For applicants not resident in India or with
no place of business in India, appropriate
office would be according to the address for
service given in the application form.
Head Office – Kolkata
Branch offices at
The Patent Office comes under the Ministry of
Commerce & Industry.
Each of the branch offices have their own fixed territory and
accept application forms from areas lying within its geographical
1)The fees payable under section 142 in respect of the grant
of patents and applications therefore, and in respect of
other matters for which fees are required to be payable
under the act shall be as specified in the first schedule.
2)The amount of the fees varies from 1000-4000.
3) The fees, payable under the act may either be paid in cash
or may be sent by bank draft or cheque payable to the
controller of patents.
OBTAINING A PATENT
File an application for patent
• With one of the patent offices based on territorial jurisdiction
of the place of office or residence of the applicant /agent
• Pay the required fee
Information concerning application form and details of fee
available at www.ipindia.nic.in
Guidelines for applicants also available on this website
An Examiner checks the formal requirements before
accepting the application and the fee – this is done
Issue of application number and the cash receipt – this is
done the same day
In case of receipt of application by post, cash
receipt, application number is sent by post within 2-3 days
Application is kept secret for a period of 18 months from the
date of filing.
In 19th month, the application is published in the official journal
– this journal is made available on the website weekly.
Applicant has an option to get his application published before
18 months also
In that case, application is published within one month of the
REQUEST FOR EXAMINATION
Application is examined on request
Request for examination can be made either by the applicant or by a
A period of 48 months, from the date of filing, is available for
making request for examination
Application is sent to an Examiner within 1 month from the
date of request for examination
Examiner undertakes examination w.r.t.
• whether the claimed invention is not prohibited for grant
• whether the invention meets the criteria of patentability
ISSUE OF FER
A period of 1 to 3 months is available to Examiner to submit the
report to the Controller
1 month’s time available to Controller to assess the Examiner’s
First Examination Report (FER) containing list of the
objections is issued within 6 months from the date of filing of
RESPONSE FROM THE
12 months’ time, from the date of issue of FER, is available to
the applicant to meet the objections
If objections are met, grant of patent is approved by the
Controller – within a period of 1 month
After publication, an opposition can be filed within a
period of 6 months
Opportunity of hearing the opponent is also available
EXAMINATION OF PRE-GRANT
Opposition (documents) is sent to the applicant
A period of 3 months is allowed for receipt of response
After examining the opposition and the submissions made during
the hearing, Controller may
• Either reject the opposition and grant the patent
• Or accept the opposition and modify/reject the patent
This is to be done within a period of 1 month from the date of
completion of opposition proceedings
GRANT OF A PATENT
A certificate of patent is issued within 7 days
Grant of patent is published in the official journal
For a term of 20 years from the Date of filing the
STAGES - FILING TO GRANT OF
FILING OF APPLICATION
PROVNL. / COMPLETE
PUBLICATION OF APPLICATION
• PROMPTLY AFTER 18 MONTHS FROM F.D.
REQUEST FOR EXAMINATION
• WITHIN 48 MONTHS FROM F.D.
EXAMINATION-ISSUE OF FER
GRANT OF PATENT
3rd Party Representation
• ALL OBJECTIONS TO BE COMPLIED WITHIN 12
• WITHIN 12 MONTHS
On What payable
Application for Patent
Request for extn.time
Request for publn
Request for examn.
3rd to 6th year
7th to 10th year
11th to 15th year
16th to 20th year
Patent infringement is the commission of a
prohibited act with respect to a patented
invention without permission from the patent
TYPES OF PATENT
Direct Infringement : The third party has
willfully or intentionally stole the technology
from the inventor without his prior permission.
Indirect Infringement : It refers to the unfair
practice that does not give a clear indication
that the patent is bought and sold in the
BASIC FEATURES OF
1. Objectives of infringement
2. Infringement behavior
3. Violation of legal rules
WHAT CONSEQUENCES CAN WE
FROM PATENT INFRINGEMENT?
HOW TO JUDGE PATENT
A determination of patent infringement involves a two-step
1. The claims are analyzed by studying all the relevant
2. The claims must “read on” the accused device or
In a word, the claims are tested to see whether they
describe the accused infringement.
CASES ON PATENTS:
APPLE VS SAMSUNG
Apple files first:
Apple Inc. sued Samsung for copying its
38-page suit filed by Apple in the U.S. District
Court of Northern California states
Copied look, product design, Packaging
Samsung, the world‟s largest maker of
smart phones, countersued Apple saying
that Apple infringes on several of its
patents having to do with wireless
communications technology and camera
Samsung Electronics flagship Galaxy
Smartphone looks very similar to Apples
Jury has found Samsung guilty of infringing on
Apple‟s design patent
Come in favor of Apple in the U.S $1.049
Rejected all of Samsung‟s claims & Leading
devices may be banned in the U.S
Novartis is the world‟s leading pharmaceutical
company filed patent application for its new
version of cancer drug(Glivec).
Indian law bans firms from extending patents
on their products by making slight changes to
a compound, a practice known as
The court held that the patent application is
rejected on the grounds that :
Novartis has failed to meet stipulations under
sections 3(d) and 3(b) of the Indian Patent
Section 3(d) restricts patents for already
known drugs unless the new claims are
superior in terms of efficacy
Section 3(b) bars patents for products
that are against public interest and do
not demonstrate enhanced efficacy over