The document discusses intellectual property rights (IPR) and patents. It defines IPR as exclusive rights granted to authors for utilizing and benefiting from their creations. The types of IPR are then outlined, including patents, trademarks, copyrights, and industrial designs. The document goes on to provide definitions and examples of patents, the patent process, patentable subject matter, and sections of Indian patent law that outline exclusions from patentability.
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
The document summarizes Abdul Waheed Salafi's seminar on intellectual property and patents. It discusses what a patent is, the conditions for obtaining a patent, the types of patents including utility, design and plant patents, and the Indian Patent Act. It provides examples of patentable and non-patentable inventions, and explains the patent application process and specifications.
The document discusses India's Patent Act of 1970 and its amendments. It covers several key points:
- The Act governs patent granting in India and provides protection for 20 years. Patents must meet criteria of novelty, inventive step, and industrial applicability.
- Several types of patents can be granted including ordinary patents, patents of addition, and patents of convention. Both product and process patents are allowed.
- The Act excludes inventions that are offensive, harmful to health/environment, or relate to nuclear technology. Compulsory licensing and revocation provisions aim to protect public interests.
- The patenting process and rights of patentees are outlined along with permissible patent subject matter and exceptions. Maint
Mr. Prem Patil prepared this document on patents under the guidance of Mrs. Swati Gupta at Apeejay Stya University in Sohna. The document discusses intellectual property rights including patents, designs, trademarks, and copyright. It defines what constitutes an invention and provides an overview of the history of patents. The stages to obtain a patent including filing, examination, grant or withdrawal are outlined. The document also discusses who benefits from patents, the rights they provide, and the importance and limitations of patent information.
This document provides an overview of patent law and the patent filing procedure in India. It discusses what a patent is, the types of intellectual property, and the various legislations in India for protecting intellectual property rights. It then describes the different parts of a patent document, the criteria for patentability, and how to identify a potential patent. Finally, it outlines the patent filing process in India, including filing an application, publication, examination, and granting of a patent.
This document provides an overview of intellectual property, including the different types of intellectual property and how they are protected. It focuses on copyright and patents. The key types of intellectual property discussed are literary and artistic works (protected by copyright) and industrial property such as patents, trademarks, industrial designs, and trade secrets. The document explains what qualifies for copyright protection and patent protection, how long those protections last, and examples of what is not protected.
Patent as an Intellectual Property Right bhavpreet57
1. The document discusses patents as a form of intellectual property, describing what a patent is, the objectives of granting patents, and the requirements for an invention to be patented.
2. It provides details on the patent application process, including required documents, specifications, claims, and procedures for grant and opposition of a patent.
3. Examples are given of popular patented inventions such as the iPhone, virtual reality, 3D printers, Bluetooth, delivery drones, and adaptive wear.
Indian patent act - 1970 - definitions, history, types, terms, inventions patentable and non-patentable, patent filling procedure, rights of a patentee, offences and penalties.
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
The document summarizes Abdul Waheed Salafi's seminar on intellectual property and patents. It discusses what a patent is, the conditions for obtaining a patent, the types of patents including utility, design and plant patents, and the Indian Patent Act. It provides examples of patentable and non-patentable inventions, and explains the patent application process and specifications.
The document discusses India's Patent Act of 1970 and its amendments. It covers several key points:
- The Act governs patent granting in India and provides protection for 20 years. Patents must meet criteria of novelty, inventive step, and industrial applicability.
- Several types of patents can be granted including ordinary patents, patents of addition, and patents of convention. Both product and process patents are allowed.
- The Act excludes inventions that are offensive, harmful to health/environment, or relate to nuclear technology. Compulsory licensing and revocation provisions aim to protect public interests.
- The patenting process and rights of patentees are outlined along with permissible patent subject matter and exceptions. Maint
Mr. Prem Patil prepared this document on patents under the guidance of Mrs. Swati Gupta at Apeejay Stya University in Sohna. The document discusses intellectual property rights including patents, designs, trademarks, and copyright. It defines what constitutes an invention and provides an overview of the history of patents. The stages to obtain a patent including filing, examination, grant or withdrawal are outlined. The document also discusses who benefits from patents, the rights they provide, and the importance and limitations of patent information.
This document provides an overview of patent law and the patent filing procedure in India. It discusses what a patent is, the types of intellectual property, and the various legislations in India for protecting intellectual property rights. It then describes the different parts of a patent document, the criteria for patentability, and how to identify a potential patent. Finally, it outlines the patent filing process in India, including filing an application, publication, examination, and granting of a patent.
This document provides an overview of intellectual property, including the different types of intellectual property and how they are protected. It focuses on copyright and patents. The key types of intellectual property discussed are literary and artistic works (protected by copyright) and industrial property such as patents, trademarks, industrial designs, and trade secrets. The document explains what qualifies for copyright protection and patent protection, how long those protections last, and examples of what is not protected.
Patent as an Intellectual Property Right bhavpreet57
1. The document discusses patents as a form of intellectual property, describing what a patent is, the objectives of granting patents, and the requirements for an invention to be patented.
2. It provides details on the patent application process, including required documents, specifications, claims, and procedures for grant and opposition of a patent.
3. Examples are given of popular patented inventions such as the iPhone, virtual reality, 3D printers, Bluetooth, delivery drones, and adaptive wear.
Indian patent act - 1970 - definitions, history, types, terms, inventions patentable and non-patentable, patent filling procedure, rights of a patentee, offences and penalties.
This document provides an overview of patents in India. It defines what constitutes an invention and explains that patents provide an inventor with an exclusive monopoly over their invention for a limited time. There are three types of patents - utility, design, and plant patents. The requirements to obtain each type are described. The stages to obtain a patent in India are also outlined, including filing an application, examination, potential withdrawal or grant of the patent. Benefits of the patent system to inventors, society and for technological development are discussed. The document concludes with limitations of patents and an example of a young Indian inventor who holds over 40 patents.
The document provides an overview of intellectual property laws (IPRs) relating to patents, trademarks, and copyrights in India. It discusses that IPRs grant exclusive rights over creations and innovations to encourage creativity. There are two main categories of IPRs: copyrights and related rights, and industrial property, which includes patents, trademarks, industrial designs, and undisclosed information. The objectives of IPR protection are to encourage innovation, promote fair competition, and balance rights with public access. Key aspects of patent, trademark, and copyright laws and procedures in India are summarized.
This document discusses various types of intellectual property including patents, trademarks, copyrights, industrial designs, and trade secrets. It provides examples and requirements for each type of intellectual property. Key points include:
- Patents protect inventions and provide exclusive rights for a limited time. Requirements include novelty, inventiveness, and industrial application.
- Trademarks protect unique identifiers and brands. They must be distinctive and not descriptive.
- Copyright protects original creative works like books and art. It does not require registration.
- Trade secrets protect confidential business information and formulas by keeping them secret. They provide indefinite protection without registration.
This document discusses intellectual property rights (IPR) and patents in India. It defines intellectual property and IPR, and outlines the types of intellectual property including patents, designs, trademarks, geographical indications, and copyright. It then discusses the history and development of patent laws in India, prerequisites for a patent, and differences between the Indian and US patent acts. The document also outlines the patent procedure in India and types of special patents including for textiles, electronics, software, food, pharmaceuticals, and microorganisms.
The document discusses patents and intellectual property. It defines intellectual property as creations of the mind such as inventions, literary works, designs, and symbols. It notes that inventors need rights to protect their intellectual property and make a fair return on their investments. The document then summarizes the different categories of intellectual property including patents, trademarks, copyrights, and others. It provides details on what can be patented, the patent application process, and commercializing a patent through licensing.
The document discusses types of intellectual property rights (IPR) in India and patents. It outlines the main legislations covering different types of IPR in India, including patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses key aspects of the patent system in India such as registration, international treaties, requirements for patents, limitations of patents, the Patents Act of 1970, patentable and non-patentable inventions, process versus product patents, and the patent filing process.
This document provides an overview of patent law and the patent filing process in India. It defines what a patent is, the criteria for patentability, and the key parts of a patent document. It then outlines the steps for filing a patent application in India, including publication, examination, responses to examination reports, and the opposition system. The overall summary is that a patent provides exclusive rights to an invention for a limited time, and the document explains the process and requirements for obtaining a patent in India.
This document provides an overview of patents and utility models. It discusses intellectual property strategies, what can be patented, requirements for patentability, documenting inventions, infringement, and working with patent attorneys. Key points include developing an IP protection plan, patents providing the right to exclude others from making or using an invention for 20 years, and the need to demonstrate an invention is useful, novel, and non-obvious.
Patentable and Non Patentable Inventionsegoistic_ek
The document provides information on patentable and non-patentable inventions under Indian patent law. It discusses what constitutes a patent, requirements for an invention to be considered patentable such as novelty, non-obviousness, and industrial applicability. Biotechnological inventions are discussed, including examples of patentable subject matter such as genetically modified organisms, DNA/protein sequences. The document also outlines acts and sections of Indian patent law that define non-patentable subject matter such as discoveries, plants/animals, and traditional knowledge.
The document discusses various topics related to intellectual property, including patents, copyright, trademarks, geographical indications, and trade secrets. It provides definitions and explanations of these different types of intellectual property. It also describes what can and cannot be patented, the patent application process, how to conduct a patent search, and some key case laws related to patents for computer science and artificial intelligence technologies.
This document provides an overview of patents, intellectual property, and the patent application process. It defines a patent and explains that it gives the owner legal rights to exclude others from making, using, selling, or importing an invention for a limited time (usually 20 years). It outlines the conditions an invention must meet to be patentable, including novelty, non-obviousness, and usefulness. It also describes essential elements of a patent like claims, descriptions, drawings, and fees. Guidelines are provided for conducting patent searches and properly documenting research in a laboratory notebook to support patent applications.
The document provides information on patent filing procedures in India. It defines what a patent is - an exclusive right granted by the government to an inventor to make, use, or sell an invention. It outlines the criteria for an invention to be patentable - novelty, non-obviousness, and industrial application. It describes the different parts of a patent document and terminologies used. It explains the patent filing process in India, including publication, examination, opposition procedures, and consequences of not following timelines. The document is an overview of key concepts related to patent definitions, requirements, documentation, and application process.
A patent is a legal monopoly granted by a government that allows an inventor exclusive rights to make, use, and sell an invention for a period of 20 years. To receive a patent, an applicant must demonstrate that the invention is novel, non-obvious, and useful. Patents can be applied for by any person, whether an individual or organization, and can include inventions relating to products, processes, designs, and more. Patents provide benefits like preventing unfair competition and generating revenue through licensing, assignment, or technology transfer.
This document provides an overview of patents and the patent process in India. It discusses what an invention is, the different types of patents, the requirements for patentability, and the stages involved in obtaining a patent. Key benefits of patents for patentees and society are outlined. The document also describes patent information, its importance, typical contents of a patent document, and some limitations of the patent system.
This document discusses various types of intellectual property rights (IPR) in India including patents, copyrights, trademarks, and geographical indications. Patents provide exclusive rights over inventions for 20 years and must satisfy criteria of novelty, creativity, and utility. Copyrights protect original creative works for 60 years. Trademarks identify products/services and can be renewed every 10 years. Geographical indications (GIs) identify products originating from specific regions. India's IPR framework complies with international treaties and provides statutory protection for these intellectual property types.
This document provides an overview of patents, including types of patents, what can and cannot be patented, and the patent process. It discusses plant patents, limitations on patent rights, and provides examples of patent infringement and expiration. The document contains information on the Indian patent system, the various patent offices and their jurisdictions, and the stages and procedures for obtaining a patent in India, from initial filing through examination and potential grant. It aims to introduce readers to the basic concepts of the patent system.
A patent provides an inventor exclusive rights over an invention for a limited time in exchange for publicly disclosing the invention. To be patentable, an invention must be novel, useful, and non-obvious. The patent process involves filing a provisional application, international PCT application, and national application, with evaluations of commercial potential at each stage. While most patents are never commercialized, successful university patents can generate substantial licensing income.
This document discusses intellectual property rights (IPR) legislation and patents in India. It provides an overview of the major IPR legislations in India covering patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses requirements for patent registration, international IPR treaties and agreements India is a signatory to, types of patents, and limitations of patents. The document focuses on the Patents Act of 1970 and key aspects of the Indian patent system such as patentable and non-patentable inventions. It also distinguishes between process and product patents.
What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an in
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
This document provides an overview of patents in India. It defines what constitutes an invention and explains that patents provide an inventor with an exclusive monopoly over their invention for a limited time. There are three types of patents - utility, design, and plant patents. The requirements to obtain each type are described. The stages to obtain a patent in India are also outlined, including filing an application, examination, potential withdrawal or grant of the patent. Benefits of the patent system to inventors, society and for technological development are discussed. The document concludes with limitations of patents and an example of a young Indian inventor who holds over 40 patents.
The document provides an overview of intellectual property laws (IPRs) relating to patents, trademarks, and copyrights in India. It discusses that IPRs grant exclusive rights over creations and innovations to encourage creativity. There are two main categories of IPRs: copyrights and related rights, and industrial property, which includes patents, trademarks, industrial designs, and undisclosed information. The objectives of IPR protection are to encourage innovation, promote fair competition, and balance rights with public access. Key aspects of patent, trademark, and copyright laws and procedures in India are summarized.
This document discusses various types of intellectual property including patents, trademarks, copyrights, industrial designs, and trade secrets. It provides examples and requirements for each type of intellectual property. Key points include:
- Patents protect inventions and provide exclusive rights for a limited time. Requirements include novelty, inventiveness, and industrial application.
- Trademarks protect unique identifiers and brands. They must be distinctive and not descriptive.
- Copyright protects original creative works like books and art. It does not require registration.
- Trade secrets protect confidential business information and formulas by keeping them secret. They provide indefinite protection without registration.
This document discusses intellectual property rights (IPR) and patents in India. It defines intellectual property and IPR, and outlines the types of intellectual property including patents, designs, trademarks, geographical indications, and copyright. It then discusses the history and development of patent laws in India, prerequisites for a patent, and differences between the Indian and US patent acts. The document also outlines the patent procedure in India and types of special patents including for textiles, electronics, software, food, pharmaceuticals, and microorganisms.
The document discusses patents and intellectual property. It defines intellectual property as creations of the mind such as inventions, literary works, designs, and symbols. It notes that inventors need rights to protect their intellectual property and make a fair return on their investments. The document then summarizes the different categories of intellectual property including patents, trademarks, copyrights, and others. It provides details on what can be patented, the patent application process, and commercializing a patent through licensing.
The document discusses types of intellectual property rights (IPR) in India and patents. It outlines the main legislations covering different types of IPR in India, including patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses key aspects of the patent system in India such as registration, international treaties, requirements for patents, limitations of patents, the Patents Act of 1970, patentable and non-patentable inventions, process versus product patents, and the patent filing process.
This document provides an overview of patent law and the patent filing process in India. It defines what a patent is, the criteria for patentability, and the key parts of a patent document. It then outlines the steps for filing a patent application in India, including publication, examination, responses to examination reports, and the opposition system. The overall summary is that a patent provides exclusive rights to an invention for a limited time, and the document explains the process and requirements for obtaining a patent in India.
This document provides an overview of patents and utility models. It discusses intellectual property strategies, what can be patented, requirements for patentability, documenting inventions, infringement, and working with patent attorneys. Key points include developing an IP protection plan, patents providing the right to exclude others from making or using an invention for 20 years, and the need to demonstrate an invention is useful, novel, and non-obvious.
Patentable and Non Patentable Inventionsegoistic_ek
The document provides information on patentable and non-patentable inventions under Indian patent law. It discusses what constitutes a patent, requirements for an invention to be considered patentable such as novelty, non-obviousness, and industrial applicability. Biotechnological inventions are discussed, including examples of patentable subject matter such as genetically modified organisms, DNA/protein sequences. The document also outlines acts and sections of Indian patent law that define non-patentable subject matter such as discoveries, plants/animals, and traditional knowledge.
The document discusses various topics related to intellectual property, including patents, copyright, trademarks, geographical indications, and trade secrets. It provides definitions and explanations of these different types of intellectual property. It also describes what can and cannot be patented, the patent application process, how to conduct a patent search, and some key case laws related to patents for computer science and artificial intelligence technologies.
This document provides an overview of patents, intellectual property, and the patent application process. It defines a patent and explains that it gives the owner legal rights to exclude others from making, using, selling, or importing an invention for a limited time (usually 20 years). It outlines the conditions an invention must meet to be patentable, including novelty, non-obviousness, and usefulness. It also describes essential elements of a patent like claims, descriptions, drawings, and fees. Guidelines are provided for conducting patent searches and properly documenting research in a laboratory notebook to support patent applications.
The document provides information on patent filing procedures in India. It defines what a patent is - an exclusive right granted by the government to an inventor to make, use, or sell an invention. It outlines the criteria for an invention to be patentable - novelty, non-obviousness, and industrial application. It describes the different parts of a patent document and terminologies used. It explains the patent filing process in India, including publication, examination, opposition procedures, and consequences of not following timelines. The document is an overview of key concepts related to patent definitions, requirements, documentation, and application process.
A patent is a legal monopoly granted by a government that allows an inventor exclusive rights to make, use, and sell an invention for a period of 20 years. To receive a patent, an applicant must demonstrate that the invention is novel, non-obvious, and useful. Patents can be applied for by any person, whether an individual or organization, and can include inventions relating to products, processes, designs, and more. Patents provide benefits like preventing unfair competition and generating revenue through licensing, assignment, or technology transfer.
This document provides an overview of patents and the patent process in India. It discusses what an invention is, the different types of patents, the requirements for patentability, and the stages involved in obtaining a patent. Key benefits of patents for patentees and society are outlined. The document also describes patent information, its importance, typical contents of a patent document, and some limitations of the patent system.
This document discusses various types of intellectual property rights (IPR) in India including patents, copyrights, trademarks, and geographical indications. Patents provide exclusive rights over inventions for 20 years and must satisfy criteria of novelty, creativity, and utility. Copyrights protect original creative works for 60 years. Trademarks identify products/services and can be renewed every 10 years. Geographical indications (GIs) identify products originating from specific regions. India's IPR framework complies with international treaties and provides statutory protection for these intellectual property types.
This document provides an overview of patents, including types of patents, what can and cannot be patented, and the patent process. It discusses plant patents, limitations on patent rights, and provides examples of patent infringement and expiration. The document contains information on the Indian patent system, the various patent offices and their jurisdictions, and the stages and procedures for obtaining a patent in India, from initial filing through examination and potential grant. It aims to introduce readers to the basic concepts of the patent system.
A patent provides an inventor exclusive rights over an invention for a limited time in exchange for publicly disclosing the invention. To be patentable, an invention must be novel, useful, and non-obvious. The patent process involves filing a provisional application, international PCT application, and national application, with evaluations of commercial potential at each stage. While most patents are never commercialized, successful university patents can generate substantial licensing income.
This document discusses intellectual property rights (IPR) legislation and patents in India. It provides an overview of the major IPR legislations in India covering patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses requirements for patent registration, international IPR treaties and agreements India is a signatory to, types of patents, and limitations of patents. The document focuses on the Patents Act of 1970 and key aspects of the Indian patent system such as patentable and non-patentable inventions. It also distinguishes between process and product patents.
What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an in
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This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
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10. Patent: A contract with the government
• You give the public an invention they have
never seen before.
• The government gives you a limited monopoly
(The PATENT)
12. Notable Events in US Patent History
• 1790: 1st US Patent Act entitled “An act to
promote the progress of useful arts”
• 1850: Introduction of the concept that an
invention must be non-obvious as well as new
and useful
• 1978: Patent Cooperation Treaty put into effect;
allows single worldwide filing
• 1980: Bayh-Dole Act – Universities retain title to
results of Federally funded research
13. Patent in nutshell
• It is astatutory right to the inventor
• It is for the limited period of time.
• It is granted in lieu of sufficient disclosure to
the patent offices.
• It is only territorial right.
• It is anegative right.
14. Why Patent an Invention?
• Source of recognition for the inventor(s)
• Incentive to develop a commercial
product
–License to an existing company
–Start up a new company
• Protection against imitators
17. Importance of patents
• Important sourceof scientificandtechnical
literature
• Atreasure-house of scientificinventions
• Avoidsduplication
• Paveswayforfurtherdiscoveries
• Identifiesemergingtechnologies,emerging areas
18. What does apatent do?
• Protects intellectual property for 20years
– no one else canmanufacture the product
– some one can pay you royalties
– you canblock competitors
• After 20 years, technology goesto public
domain
19. 19
Benefits of Patenting
• Stop re-inventing the wheel
• Know what is already patented
• Patent leads to Collaboration/ Money /
Fame/ Name/ etc………
20. JAIPUR: Drawing
inspiration from scientist
Stephen Hawking, a
wheelchair-bound nine-
year-old boy here has
invented a game of six-
player circular chess.
The boy,
Hridayeshwar Singh
Bhati has got the
game's design patented
in his name.
21. TostartwithPatenting
• Becurious but do not discloseyour
invention
• Keepabound notebook to provewhen
you got the idea
• Develop the idea and produce amodel
• Write why your invention is needed,
what the existing products are in the
market, your new product, and whatis
unique about yourproduct
22. • Essential before filing patent application
• To draft the complete specification,
particularly in prior art portion.
• To justify the invention novel and
non obviousness.
• To face the future opposition, if entered.
Patent Search
23. Access to Technical Information
Non-Patent Literature Search
Patent Search
Where to get Search Materials ?
Books, Journals, Patent Specifications
Electronic Database in CD-ROMs
Website of different foreign Patent Offices
Website of Indian Institutions e.g. TIFAC, CSIR etc.
24. Prior Art
Prior knowledge from the publication both in Patent and
Non- patent literature
Required to establish novelty and non-obviousness of invention
Information given in prior document must be sufficient to
enable the instructed reader to perceive and understand
discovery without making further experiments
Not mandatory in specification
Advantage :
Better understanding of invention by way of finding out
lacuna in Prior Art
Setting up the invention by removing the defects
Improvements over Prior Art
25. Filing should be made immediate after the invention is
developed for commercial working
Delay in filing may involve certain risks
Other invention of substantially same nature may
take the advantage of priority, depriving the true and
first inventor
An inadvertent publication of invention by inventor
or others may damage the novelty of invention
Patent should be filed before any kind of publication or
commercial using or communication to others
When to File a Patent Application ?
26. FILING OF PATENT APPLICATIONS
There are two types of Patent Applications:
1. Provisional.
2. Complete.
A provisional application for Patent can be filed
at the Patent Office to claim priority.
A Complete specification has to be filed within 12
months from the date of filing of the
Provisional Application. The filing fee of a
Provisional/Complete Application is Rs.1000/- for
individuals and Rs.4000/- for non-individuals.
27. How to file apatentapplication?
• Documents canbe filed in the patentoffice
through online( e-filing)or
www.ipindiaonline.gov.in/online
through post or
canbe submitted byhand
28. Jurisdiction for Filing Patent Applications
Head Office (Kolkata)
Branch Office (Delhi) Branch Office (Mumbai) Branch Office (Chennai)
Haryana, Punjub, Delhi,
Himachal Pradesh (HP)
Jammu & Kashmir (J&K)
Rajasthan, Chandigarh (UT)
Uttar Pradesh (UP),
Uttarakhand
Maharashtra, Gujarat,
Madhya Pradesh (MP)
Goa, Daman & Diu (UT)
Dadar & Nagar Haveli (UT),
Chattisgarh,
Andhra Pradesh (AP), Kerala, Tamil
Nadu, Karnataka, Pondicherry
(UT), Laccadive, Minicoy &
Amindivi Island (UT)
Rest of States
and Union Territories (UT)
Kolkata
29. Who grants patents?
National patent office .
Regional office.
The WIPO-administered Patent Cooperation Treaty
(PCT) provides for the filing of a single international
patent application which has the same effect as
national applications filed in the designated
countries.
Through WIPO, an applicant seeking protection may
file one application and request protection in as
many signatory states as needed.
30. What Can Be Patented?
• Must be:
– Novel: not previously known or used by others
– Useful: have a known use or produce a concrete and
tangible result
– Non-obvious:
• Is it obvious to PHOSITA (Person Having Ordinary Skill In The Art)?
• Can not be found in a single or reasonable combination of patents
that would yield a predictable result
• Can not be:
– Idea
– Law of Nature
– Scientific Principle
31. What is an Invention?
Sec.2(1)(J)
“Invention” means a new product or
process involving an inventive
step and capable of industrial
application
32. Patentable subject matter
Invention must
relates to a Process or Product or
both
be new (Novel)
involves an inventive step
be Capable of industrial application
not fall under Section 3 and 4
33. “NEW”
MEANS
Invention must not be
Published in India or elsewhere
In prior public knowledge or prior public use with in
India
Claimed before in any specification in India
34. Inventive step
A feature of an invention that
involves technical advance as compared to
the existing knowledge or
have economic significance or both and
makes the invention not obvious to a person
skilled in the art
36. Section 3 exclusions
Section 3(a)
• Frivolous inventions
• Inventions contrary to well established
natural laws
Examples
Machine that gives more than 100%
performance
Perpetual machine
37. Section 3 exclusions
Section 3(b)
Commercial exploitation or primary use of
inventions, which is
Contrary to
public order or
Morality
Examples
– Gambling machine,
– Device for house-breaking ,
38. Section 3 exclusions
Section 3(b)
Commercial exploitation or primary use of
inventions , which
Causes serious Prejudice to
health or
human, animal, plant life or
to the environment
Examples
Biological warfare material or device,
weapons of mass destruction
Terminator gene technology,
Embryonic stem cell
39. Checks and Balances
Section 3(b)
Excludes patents on
• GMOs – exploitation of which could be
contrary public order or morality or prejudicial
to human, animal or plant life or health or to
the environment
Effect: Only genetically modified micro-
organisms (GMOs) which do not fall under
section 3 (b) are patentable.
40. Section 3 exclusions
Section 3 ( c )
• 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
Examples
Newton’s Laws
Superconducting Phenomenon as such
Property of certain material to withstand mechanical
shock
Discovery of micro-organism
Discovery of natural gas or a mineral
41. Checks and Balances
Section 3(c)
Excludes patents on
•Naturally occurring Micro-organisms
Effect
Genetically modified microorganisms (GMOs) are
however, patentable.
42. Section 3 exclusions
Section3 (d)
The mere discovery of a new form of a
known substance which does not result
in the enhancement of the known efficacy
of that substance
43. Section 3 exclusions
Section3 (d) Explanation
For the purposes of this clause,
• salts, esters, ethers, polymorphs,
• metabolites, pure form, particle size,
• isomers, mixture of isomers,
• complexes, combinations and other derivatives of known
substances
shall be considered to be the same substance, unless they
differ significantly in properties with regard to efficacy.
Examples
– Crystalline forms of known substance
44. Checks and Balances
Section 3 (d) Explanation
Effect
Salts, esters, ethers, polymorphs, metabolite, pure forms,
particle size, isomers, complexes, combinations and
derivatives of a known substance with enhanced efficacy
are patentable
45. Section 3 exclusions
Section3 (d)
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.
Examples
– New use of Aspirin for heart ailments,
– Mere new uses of Neem
46. Section 3 exclusions
Section 3(e)
Substance obtained by mere admixture resulting
only in the aggregation of the properties of the
components thereof or a process for producing such
substance
Examples
Combiflam [Paracetamol (Antipyretic) + Brufen (analgesic)]
Solution of sugar and color additives in water to form a soft drink
However,
A mixture resulting into synergistic properties of mixture
of ingredients however, may be patentable - Soap,
Detergents, lubricants etc
47. Checks and Balances
Section 3 ( e )
Effect
Substance obtained by mere admixture resulting
only in the aggregation of the properties of the
components thereof or
a process for producing such substance
are not patentable
However
Synergistic formulations are patentable
48. Section 3 exclusions
Section 3 ( f )
Mere arrangement or re-arrangement or
duplication of known devices, each
functioning independently of one another in
a known way
Examples
A Bucket fitted with torch,
An Umbrella with fan
A Clock and radio in a single cabinet
A flour-mill provided with sieving
49. Section 3(h)
Method of Agriculture or Horticulture
Examples
Cultivation of algae ,
Producing new form of a known plant,
Preparation of an improved soil
However,
Agricultural Equipment's are patentable
Section 3 exclusions
50. Section 3(i)
Any process for medicinal, surgical, curative, prophylactic,
diagnostic, therapeutic or other treatment of human beings or a
similar treatment of animals to render them free of disease or to
increase their economic value or that of their products
Examples
Removal of cancer tumor
Removal of dental plaque and carries
Surgical processes
Processes relating to therapy
Method of vaccination,
Blood transfusion
Section 3 exclusions
However ,
Treatment performed on tissues or fluids permanently removed from the body
Surgical,therapeutic or diagnostic Apparatus or instruments
are patentable
51. Section3 exclusions
Section 3(j)
Plants & animals in whole or any part
thereof other than micro- organisms, but
including seeds, varieties an d species and
essentially biological process for production
or propagation of plants & animals
52. Checks and Balances
Section 3(j)
Excludes patents on
• Plants and animals in whole or any parts thereof,
…… including seeds, varieties and species and
essentially biological processes for production or
propagation of plants and animals
Examples
– Clones and new varieties of plants
– A process for production of plants or animals if
it consists entirely of natural phenomena such as
crossing or selection
– Essentially biological Process
53. Section 3(k)
* mathematical method or
* business method or
* algorithms or
* computer programme per se
Examples
– Computer program by itself or as a record on a carrier
However
– New calculating machine
– combination of hardware and software
is patentable
Section 3 exclusions
54. Section 3(l)
A literary, dramatic, musical or artistic work
or any other aesthetic creation including
cinematographic work and television
productions
These subject-matters fall under the
copyright protection
Section 3 exclusions
55. Section 3(m)
A mere scheme or rule or method of performing mental act or
method of playing game
Examples
•Scheme for learning a language
•Method for solving a crossword puzzle,
•Method of learning a language
•Method of teaching /learning
However,
•Novel apparatus for playing game or carrying
out a scheme is patentable
Section 3 exclusions
56. Section 3 (n)
Presentation of information
Examples
Any manner or method of expressing information
whether by
spoken words
Visual display
symbols
diagrams
Information recorded on a carrier
Section 3 exclusions
57. Section 3 (o)
Topography of integrated circuits.
Examples
Mask works - circuits layout
Section 3 exclusions
58. Section 3 (p)
Inventions which are
Traditional Knowledge or an aggregation or duplication of known
properties of traditionally known component or components
Examples
Traditional Knowledge already in public domain
- Wound healing property of Haldi
However,
Any value-addition using Traditional Knowledge leading to a
new process or product ,which is novel with inventive step and
industrial applicability,
Extraction of Azadirachtin from Neem
can be patented
Section 3 exclusions
59. Section 4
Inventions falling within Section 20(1) of the
Atomic Energy Act, 1962 are not patentable
Effect
Inventions relating to compounds of Uranium,
Beryllium, Thorium, Plutonium, Radium, Graphite,
Lithium and more as notified by Central Govt. from
time to time.
Non Patentable inventions
60. What are the Parts of a Patent?
• Abstract
• Background of the Invention
• Summary of the Invention
• Figures with brief descriptions
• Detailed description or “specification”
– Fully discloses what the invention is
– How it is made?
– How it can be used?
• Claim(s): sets the legal boundaries of protection
– Independent
– Dependent
61. Patent Grant in INDIA
Conceptualizing an invention
Filing of application
With provisional specification
Publication u/s 11A (early or
post 18-months )
Filing complete within
12 months after
provisional YES
If NOT
Application
ABANDONED
REQUEST for EXAMINATION
on Form-18 within 48 months
from date of priority.
Pre-grant opposition U/s 25(1)
EXAMINATION [for
patentability &
other requirements
F.E.R. Issued.
With complete specification
62.
63. F.E.R. ISSUED
• Re-Examination of amended documents
• Controller offers a hearing to the applicant.
• Application is to be put in order within 12 months from issue
of FER
Objections not met
within 12 months
ABANDONED Grant of Patent u/s 43 and
publication of grant
Post grant opposition u/s 25(2)
Objections met within 12
months
34