A presentation on Patent Registration Process by Ms. Anjali Santhosh

Copyright BananaIP Counsels 2020 - All Rights Reserved
Patent process and procedure
BY
ANJALI SANTHOSH
ANJALI@BANANAIP.COM
WWW.BANANAIP.COM

Patent
 WHAT?
 Exclusive rights
 20 years
 Exclude others from making, using, selling, offering for sale,
and importing an invention

Patent
 WHO?
 True and first inventor
 Assignee
 Legal representative
 WHERE?
 Delhi, Mumbai, Kolkata & Chennai

Patentability requirements
• Patentable subject matter
• Industrial Applicability
• Novelty
• Inventive Step
• Specification

Patentable Subject Matter
 Product
 Process
 Exclusions?

Non-PatentableSubject Matter
 Frivolous inventions
 Immoral inventions
 Discoveries
 New use of known substances
 Arrangement or rearrangement of known devices
 Method of treatment or diagnosis
 Plants, animals or parts
 Algorithm, mathematical formulas, software programme per se
 Literary, dramatic, artistic works, etc
 Method of playing games / mental acts
 Traditional knowledge
 Atomic energy

Industrial Applicability
Capable of Industrial Application
 Make
 Use
 Repeat

Novelty
Newness based on what is existing as of the priority date of the
patent application
 Section 2(1)(l) – “new invention”
 “any invention or technology which has not been anticipated by
publication in any document or used in the country or elsewhere
in the world before the date of filing of patent application”

Inventive Step
 Section 2(1)(ja)
 Technical Advance or Economic Significance
and
 Not obvious to a person skilled in the Art.

Specification
 Techno – Legal document
 Detailed description of invention
 Drawings
 How to work the invention
 What is the best way
 Claims

Are these patentable?
 Shekar discovers a new planet and wants to patent the
planet before NASA or ISRO. Can he do this?
 John discovered an umbrella with torch. Is this patentable?

Is this patentable?
Post- It / Sticky
notes
Make up Protector

Types of Patent Applications
 Ordinary Application
 Provisional
 Complete
 Convention Application
 PCT / International Application
 Divisional Application
 Patent of Addition

Ordinary Application
 Provisional Application:
 First to file
 under experimentation stage
 within 12 months Complete Application
 sufficient time to the applicant to assess and
evaluate the market potential
 Complete Application
 Direct filing

Convention Application
 same or substantially similar application filed in one or
more of the convention countries
 claims a priority date
 within 12 months from the date of first filing

PCT / International Application
 International application which can be filed in more than
150 countries by a single application
 Application enters national phase within 30 or
31(depending upon countries) months from priority date

Divisional Application
 2 inventive concepts
 Applicants initiative or on request by the Controller
 same priority
 Claims being divided out of the parent application

Patent Of Addition
 Modification or improvement
 No renewal fee

Patent Process Flow
Response to
Examination Report
Idea
Filing a patent
application
Provisional
Application
Complete
Application
Complete
Application
Patent Grant
Request for
Examination
Examination by Patent
Office
Refusal
Publication
Examination Report
Examiner’s
Decision

Publication
 18 months from date of filing or priority date
 Rights begin from date of publication
 Early publication may be requested

Request For Examination
 To be filed by the applicant or any interested person
 48 months from the date of filing or priority, whichever
is earlier
 Request in Form 18

Request For ExpeditedExamination
 Introduced in 2016 and expanded in 2019
 Faster patent grant – as less as one year
 Start-ups, Micro, small & medium enterprises
(MSMEs), Women applicants, government
undertakings, government companies, etc

Examination
 First Examination Report
- Address technical and formal requirements
- Subject matter, novelty, inventive step, industrial
applicability and specification
 6 months time to respond + 3 months extension

Patent Grant
 Grant of Patent is published in the Official Gazette
 2-3 years from the date of filing

Maintenance of Patent
 Working of patent to be filed every year
 Renewal fee payment - in advance

QUESTIONS?

Thank You
Query on Patents?
Feel free to write to:
anjali@bananaip.com

A presentation on Patent Registration Process by Ms. Anjali Santhosh

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