INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS AND BRIEF ABOUT PATENT ,POWERPOINT PRESENTATION

1. INTELLECTUAL
PROPERTY RIGHT
AND
PATENT
P R E S E N T A T I O N
V I K A S C H A U H A N
M . P H A R M ( Q A )

2. TABLE OF
CONTENT
 I N T R O D U C T I O N T O I N T E L L E C T U A L
P R O P E R T Y R I G H T S ( I P R )
 P A T E N T
 N E E D O F P A T E N T I N G
 P A T E N T L A W I N I N D I A
 P A T E N T A B L E S U B J E C T M A T T E R
 S E C T I O N 3 A N D 4 O F T H E I N D I A N
P A T E N T S A C T 1 9 7 0
 T Y P E S O F P A T E N T A P P L I C A T I O N S
 F I L I N G A P A T E N T
 P A T E N T A P P L I C A T I O N F O R M S P R E S C R I B E D
 F O R M A L I T Y C H E C K
 P U B L I C A T I O N
 R E Q U E S T F O R E X A M I N A T I O N
 E X A M I N A T I O N
 I S S U E O F F E R ( F I R S T E X A M I N A T I O N
R E P O R T )
 R E S P O N S E F R O M T H E A P P L I C A N T
 P R E - G R A N T O P P O S I T I O N
 G R A N T O F A P A T E N T
 C O S T O F F I L I N G A P A T E N T
 R E N E W A L F E E
 I N T E R N A T I O N A L A P P L I C A T I O N S : ( P C T )
 P R O C E D U R E F O R F I L I N G P C T
A P P L I C A T I O N

3. Introduction to
Intellectual Property
Rights (IPR)
Intellectual property rights (IPR) are legal rights that protect
creations of the human mind, such as inventions, literary and
artistic works, and symbols, names, and images used in
commerce.
In India, IPR is governed by various laws such as the Patents
Act, 1970, the Copyright Act, 1957, the Trademarks Act, 1999,
and the Designs Act, 2000
.

4. PATENT
Patent is a governmental authority giving the
inventor the exclusive right to make, use, and sell
the innovation for a limited time period (20 years).
Patents are territorial in nature. Indian patents are
effective only in India.
For protecting the invention in other countries too,
PCT application is a worthfull flexibility.

5. NEED OF
PATENTING
Patent provides some legal rights to the real
inventor or any of his assignee protecting the
invention viz., right to make, use, or sell the
invention.
Protect the invention from the date of filing
patent application until 20 years.
Patents upgrade the value of business.
Patents provide legal right of ownership.

6. PATENT LAW
IN INDIA
A patent is a legal document granted by the
government that gives the inventor exclusive
rights to prevent others from making, using, or
selling their invention for a certain period of time.
In India, the Patents Act, 1970 governs the grant
of patents. The Act provides for the grant of
product patents as well as process patents.

7. Patentable
Subject Matter
An invention is considered to be novel if it
has not been disclosed to the public at the
time that the patent application was made
N O V E L T Y
A feature of the invention that involves a
technical advancement and an economic
significance and also makes the invention
not obvious to a person skilled in the art
I N V E N T I V E
Invention is capable of being used in any
kind of industry
I N D U S T R I A L
R E L A T E D T O
A P R O C E S S O R P R O D U C T
O R B O T H

8. SECTION 3 AND 4 OF THE
INDIAN PATENTS ACT 1970
Mere Discovery of a Scientific
Principle or formulation of an
Abstract Theory or discovery of
any living thing or discovery of
non–living substance occurring
in nature
S E C T I O N 3 ( C )
Mere arrangement or re-
arrangement or duplication
of known devices, each
functioning independently
of one another in a known
way
S E C T I O N 3 ( D )
Inventions falling within
Section 20(1) of the Atomic
Energy Act, 1962 are not
patentable
S E C T I O N 4
Frivolous Inventions:
Inventions contrary to well
established natural laws.
S E C T I O N 3 ( A )
Commercial exploitation
primary use of inventions
which is contrary to public
order or morality.
S E C T I O N 3 ( B )

9. TYPES OF PATENT APPLICATIONS
O R D I N A R Y P A T E N T
It is a simple application for patent without any
priority claim and not being convention or
National Phase Application.
C O N V E N T I O N A P P L I C A T I O N
An applicant who files an application for patent
in a convention country can make convention
application in India within 12 months from the
date of basic application.
P C T - I N T E R N A T I O N A L
A P P L I C A T I O N
The Patent Cooperation Treaty or PCT is an
international agreement for filing patent
applications. However, there is nothing called as
a 'world patent. It simply provides a streamlined
process for the patent application process in
many countries at the same time.
N A T I O N A L P H A S E
A P P L I C A T I O N
The PCT-national phase must follow the
international phase. The applicant must
individually 'enter into the national phase'. i.e. file
a National phase application in each county he
wishes to enter.
.
P A T E N T O F A D D I T I O N
It is an application made for a patent in respect of
any improvement or modification of an invention
described or disclosed in the complete
specification already applied for or has a patent.
D I V I S I O N A L A P P L I C A T I O N
It is one which has been "divided" from an
existing application. The applicant, at any time
before the grant of a patent, can file a further
application on the ground that the claims
disclosed in the complete specification relates to
more than one invention.

10. FILING A
PATENT
Filing a patent application in the Indian Patent
Office is the first step towards securing a
patent to your invention in India.
To file a patent application, a set of forms has
to be submitted to the patent office, Located
at Kolkata , Delhi, Mumbai and Chennai.
The patent application has to be filed in the
appropriate office based on your/your
company’s location.
Documents can be filed in the patent office
through
• online( e-filing)
• through post or can be submitted by hand
Information concerning application form and
details of fee available at www.ipindia.nic.in

11. PATENT
APPLICATION
FORMS
PRESCRIBED
Main application form Form
F O R M 1
Provisional or complete specification Form
F O R M 2
Statements and undertaking under sec. 8
F O R M 3
Declaration to inventor-ship
F O R M 5
Power of Attorney
F O R M 2 5
Request for examination for application of patent
F O R M 1 9
Request for early examination
F O R M 9

12. An Examiner immediately checks the formal
requirements before accepting the application
and the fee .
Issue of application number and the cash receipt
is done on the same day.
FORMALITY
CHECK

13. PUBLICATION
In 19th month, the application is published in the
official journal – this journal is made available on the
website weekly
Application is kept secret for a period of 18
months from the date of filing.
Applicant has an option to get his application
published before 18 months also on request.

14. Application is examined on request.
Request for examination can be made either by the
applicant or by a third party.
A period of 48 months, from the date of filing, is
available for making request for examination.
REQUEST FOR
EXAMINATION

15. EXAMINATION
E x a m i n e r u n d e r t a k e s
e x a m i n a t i o n w . r . t .
– w h e t h e r t h e c l a i m e d
i n v e n t i o n i s n o t p r o h i b i t e d
f o r g r a n t o f p a t e n t
– w h e t h e r t h e i n v e n t i o n
m e e t s t h e c r i t e r i a o f
p a t e n t a b i l i t y .
A p p l i c a t i o n i s s e n t t o a n
E x a m i n e r w i t h i n 1 m o n t h
f r o m t h e d a t e o f r e q u e s t f o r
e x a m i n a t i o n .

16. ISSUE OF FER(FIRST EXAMINATION REPORT)
A P E R I O D O F 1 T O 3
M O N T H S I S
A V A I L A B L E T O
E X A M I N E R T O S U B M I T
T H E R E P O R T T O T H E
C O N T R O L L E R ,
1 M O N T H ’ S T I M E
A V A I L A B L E T O
C O N T R O L L E R T O V E T
T H E E X A M I N E R ’ S
R E P O R T .
F I R S T E X A M I N A T I O N
R E P O R T ( F E R )
C O N T A I N I N G L I S T O F
T H E O B J E C T I O N S I S
I S S U E D W I T H I N 6
M O N T H S F R O M T H E
D A T E O F F I L I N G O F
R E Q U E S T .

17. RESPONSE FROM
THE APPLICANT
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

18. PRE-GRANT
OPPOSITION
C O N S I D E R A T I O N O F
P R E - G R A N T
O P P O S I T I O N
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 application
E X A M I N A T I O N O F
P R E - G R A N T
O P P O S I T I O N
Opposition (documents) is sent
to the applicant
A period of 3 months is allowed
for receipt of response
P R E - G R A N T
O P P O S I T I O N
After publication, an opposition
can be filed within a period of 6
months
Opportunity of hearing the
opponent is also available
01 02 03

19. GRANT OF A
PATENT
A certificate of patent
is issued within 7
days .
Grant of patent is
published in the
official journal.

20. T H E R E A R E T W O E L E M E N T S F O R C O S T O F G E T T I N G
P A T E N T / F I L I N G P A T E N T I N I N D I A
COST OF FILING
A PATENT
The cost to file a patent is approximately Rs. 45,000 to Rs 65,000 (Assume)
This cost requires in stages as your invention proceeds from Novelty Search (about
Rs. 15000), Patent drafting and Filing in India (about Rs. 30,000) and after 1 to 2
years for responding to office actions.
If any objections are taken by controller in examination report on application about
your invention, such response to office actions typically requires (about Rs. 15000).
The Government fees for Forms, requests and renewals.
Professional Charges for patent professional, patent agent / attorney.
Government fees too, are different for an individual inventor and a company. and fees for
patent application also differs based on number of claims and pages in the specification.

21. RENEWAL FEE
To be paid within 36 months from date of
recording in the register [sec 142 (4) ]
No fee for 1st and 2nd year.
Renewal fee, on yearly basis, is required to be
paid for 3rd to 20th for keeping the patent in
force .
Delay up to six months from due date
permissible on payment of fee for extension of
time .
Patent lapses if renewal fee is not paid within
the prescribed period

22. (PCT) is operated by World
Intellectual Property Organization
(WIPO) Validated in up to more
than 150 countries and provides a
centralised application process,
but patents are not granted under
the treaty.
The PCT system enables an
applicant to file a single patent
application in a single language.
The application, called an
international application, can, at a
later date, lead to the grant of a
patent in any of the states
contracting to the PCT.
WIPO, or more precisely the
International Bureau of WIPO,
performs many of the formalities of
a patent application in a centralised
manner, therefore avoiding the
need to repeat the steps in all
countries in which a patent may
ultimately be granted.
INTERNATIONAL APPLICATIONS : (PCT)
The main advantage of
proceeding via the PCT route is
that the option of obtaining
patents in a wide range of
countries is retained

23. Transmittal Fees Natural Fees Small entity Other than small entity
For e-filing ( applicable when
the Office starts accepting the
filing regarding international
applications in online form)
3200 INR 8000 INR 16000 INR
For physical filing 3250 INR 8800 INR 17600 INR
PROCEDURE FOR FILING PCT APPLICATION

24. F I L I N G
At first, the applicant has to file the international application for patent registration
with the national patent office or WIPO. Inherently, the application should meet the
criteria of PCT requirements. Such a requirement must be fulfilled within twelve
months of filling the local application.
I N T E R N A T I O N A L S E A R C H
An “International Searching Authority” (ISA) identifies the published document of
patent & technical literature (aka “Prior Art” in legal term), which may affect the
patentability of your invention. This must be published within 16 months from the
filing date of the application in the home country.
I N T E R N A T I O N A L P U B L I C A T I O N
The international application is made publically available after the expiration of the
18 months from the filing date. This must be published within 18 months from the
filing date of the application in the home country.
S U P P L E M E N T A R Y I N T E R N A T I O N A L S E A R C H
( O P T I O N A L )
An “International Searching Authority” (ISA) identifies the published document of
patent & technical literature (aka “Prior Art” in legal term), which may affect the
patentability of your invention. This must be published within 16 months from the
filing date of the application in the home country.
I N T E R N A T I O N A L P R E L I M I N A R Y E X A M I N A T I O N
( O P T I O N A L )
The ISA, on your request, conducts an analysis in regards to patentability, generally,
on the altered version of the application; this must be published within 28 months
from the filing date of the application in the home country.
N A T I O N A L P H A S E
After the completion of the PCT procedure, either after global search or preliminary
examination or before 30 months from the priority date, application related to the
grant of patent can be furnished to local patent offices in which the patent protection
is desired.

25. THANK YOU