IPR and Patent Prosecution Dr. Rajesh H. Kulkarni One Week FDP- 24-05-2021 to 28-05-2021 MVSR College, Hyderabad

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For this FDP…
• Let us mute our mics
• Any question put on TAB. All the questions will
be compiled by team MVSR and answers mailed
back to you
• Few questions may be taken up during the FDP
• The sequence of the content may vary please.
• Some issue unmute 1-2 representatives, talk

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www.ipadventure.in
Slides designed by team IP-Adventure

5. Designs/Trademarks Filed-
IPADVENTURE LLP
• designtrademarks.docx

6. Patents Filed- IPADVENTURE LLP
• Patentspublished.docx

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https://ipindiaservices.gov.in/PublicSearch?aspxerrorpath=/PatentSearch/PatentSe
arch/ViewApplicationStatus

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11. • Feesandformspatent.pdf
• https://ipindia.gov.in/form-and-fees.htm
Forms and Fees

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13. How to read a patent

16. • Bibliographic data
• Field of Invention
• Background of the invention
• Prior art
• Object of the invention
• Summary of the invention
• Brief description of drawings
• Detailed description
• Claims
Anatomy of the Patent

18. Some Key points in the Bibliographic
Data

19. • INID Codes-Internationally agreed numbers for
identification of bibliographic data.
• Kind codes- Indicate the status of the document
• Inventor – Who actually invented.
• Assignee- Whom it has been assigned (College in your case)
• International Patent Classification
• Reference- Prior art documents which inventor and
examiner have referred.
• Patent Examiner- An expert appointed by patent office to
examine the patent application.
• Patent Attorney- The legal firm which has been authorised
by the inventor to prosecute the patent application.
Some Key points in the Bibliographic
Data

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21. INID CODES
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22. Technical Data

23. Technical Data

24. Technical Data

25. Technical Data

26. Technical Data

27. Technical Data

28. • Usually written in two sentences
• Briefly describes the broad area of
technology under which the patent falls.
• Basically, it should be crisp and clear
enough so that the Examiner of patent
easily understands the nature of the
invention and classifies the technology
according to its general nature.
Field of Invention

29. • This section describes the state of the art in the
particular technical area to which the patent relates
and
• What problems remain to be solved or
disadvantages accompanying the prior art solutions.
• In other words, Background of the invention should
describe what others have done in the field, and
what problems have not been solved by this prior
work.
• It is always better to mention the status of the
closest technology, experiments, patents and patent
applications in this section.
Background of the Invention and
Prior art

30. • Object of invention should clearly reflect
the advantages of the invention.
• Each and every object and advantages of
the invention should be described in a
separate sentence.
• Basically, this portion is a comparative
analysis of the inventive technology over
the existing one.
Object of the invention

31. • Summary of invention describes a broad
overview of the invention and, thus,
provide a structure for understanding
the Detailed Description and Claim
sections of the specification.
• The summary of the invention describes
the invention overall, e.g., the purpose of
the invention, problems solved,
advantages offered, and so forth.
Summary of the invention

32. • The brief description of drawings
includes a written description of the
invention that explains how to make and
use it.
• It should point the reference numerals
used in the drawings and should be
specific.
• The details should be sufficient enough
for a person skilled in the art to
understand and perform the invention.
Brief description of the
drawings

33. • The detailed description describes in
detail what the invention is and how it
is made and used.
• It should reflect the complete picture of
the invention and should be sufficient
for a person skilled in the art to perform
the invention by developing necessary
technical know‐how.
Detailed description

34. • Claims are the essence of a patent.
• The claims define the invention which the inventor
holds as his exclusive property and has the right to
exclude others from making, using and selling.
• The claims specify the scope of ownership in a piece
of property, i.e. Intellectual Property.
• These claims are of paramount importance in both
patent prosecution in the Patent Office and patent
litigation in the courts.
• Therefore, during claim drafting the choice of words
used in the patent claims should be dealt in a great
understanding and thought.
Claims

35. • An abstract should be drafted in such a
manner to make it reflect the technical
field of the invention with the existing
technical problems and the solution to
overcome such problems.
• It should be briefly drafted and within
the limit of 150 words.
• The aim of abstract should be to provide
the better information to third parties.
Abstract

36. JUGAAD!!!
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40. Forms
• Form 1
• Form 2
• Form 3
• Form 5
• Form 9
• Form 13
• Form 18
• Fees
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42. IP- Intellectual Property
• Original Ideas, research Results
• A book or a novel protected by copyright
• Copyright need not be registered
• WIPO ( World Intellectual Property
Organisation)
• patents, copyrights, trademarks,
geographical indications, designs
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43. IP- Intellectual Property
• GI- Darjiling Tea
• Adidas Shoe- Aesthestics plus
functionality- No need to register
• Disney Character - register
• Trademarks- Logos
• Patent duration – 20 years from the date
of application
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44. IPR (Right)
• making, using, selling, marketing,
importing the product
• IPR (Legal entitlement)
• Violation of IPR- Infringement
• IP protected by IPR
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46. IP- Scrutiny
• FER- First examination report
• Objections- technical/ substantial
• Patent Prosecution- Raising objection
over a patent application
• Trademarks Prosecution has less detail
and less analysis
• IP Office- IPAB Tribunal- High court-
Supreme Court
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47. Copyright
• Right to print publish, perform or record
• Work to be recorded or copied on some
medium
• Right to make copies
• Life of author plus 60 years
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48. Trademark
• Symbol or word legally registered or
established by use
• Benz mark for undergarments was
stopped
• Trademark unlimited life IP
• Design- visual things
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49. Trademarks in some
jurisdictions
1. Chile
2. France

50. Copyright on Several Books

51. GI
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52. GI
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53. GI- Mysore Silk
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54. acknowledgement
• Pallavi Kadam
www.ipadventure.in
• Shalaka Tolye
www.ipadventure.in
• Prof. feroz Ali
NPTEL Course IPR and Patents, IITM
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