2. Patent
• A legal Monopoly granted by government.
• Allows the inventor an exclusive right to
make, use, and sell an invention for twenty
(20) years.
• Patent applicant must demonstrate to the
patent office that an invention, discovery, or
design is non-obvious, novel, and useful. It
cannot be obvious considering current
technology.
3. Who can apply for Patent?
• Any Person whether a citizen of
India or not
• True and first inventor of the
Invention
• Her/his Assignee
• Her/his Legal representative
• Either alone or Jointly with
another person
YOU!
4. So...how do you “invent”?
1) Set a goal, dream, imagine!
2) Write it down!
3) Experiment, develop, modify and
construct your invention.
4) It’s a SECRET!
5. What is a Patent?
Is it just a piece of paper?
“Invention”
A new product or process Involving an inventive step
Capable of industrial application
Mine
Mine
Mine
Mine
6. Patent Law - Salient Features
• Both product and process patent provided
• Term of patent – 20 years
• Examination on request
• Both pre-grant and post-grant opposition
• Fast track mechanism for disposal of appeals
• Provision for protection of bio-diversity and
traditional knowledge
• Publication of applications after 18 months with
facility for early publication
• Substantially reduced time-lines
7. Why would anyone want a patent?
Monopoly of the invention through exclusive rights
• Right to manufacture
• Right to sell
• Right to import, etc.
Why do we want people to eventually use our inventions?
Someone may make your invention even better!
8. What can be patented?
Atomic energy
Design: ornamental design for an object
Topography of Integrated Circuits
Literary, dramatic, musical or artistic work
Index
9. Patent Filing Requirements In India
• Two copies of application for grant of patent (Form 1);
• Two copies of the complete patent specification (Form 2);
• Two sets of the drawing figures, if any, one set of which
should be in thick A-4 size white sheets;
• Duly stamped with Power of Attorney authorizing the
agent(Form 26)
• Declaration of the Inventor ship signed by the applicant
(Form 5);
• Priority documents, if any; if not in English, English
translation thereof
• The Statement and Undertaking regarding corresponding
foreign filings (Form 3)
•
Authority – Controller General of Patents
Design and Trademark ,Ministry of Commerce and Industry
Bhoudik Sampada Bhavan ,Mumbai
10. Jurisdiction
• For An Indian Applicant
o Can file Application for patent
o At the Appropriate Patent Office under whose jurisdiction
o
o
o
He normally resides or
Has his domicile or
Has a place of business or the place from where the
invention actually originated
• For Non - Resident Applicant
o Applicant having no place of business in India
o The Address for service in India or place of business of his patent
agent
11. Benefits of Patent
• Reduces the unfair competitors in the market
• Revenue Generation
o
Licensing
o
o
o
o
o
Assignment
Technology Transfer
Merger and Acquisition
IP Auction etc,
Increases the Value of company
12. The Patent Edge
•
•
•
•
•
•
•
Patents can be used
Offensively,
Defensively, or simply to build company image.
Revenue generation, IP Auction
Licensing
Assignment
Technology Transfer
•
A key component in a robust business strategy.
Allows the company to operate from a position of
strength in licensing and settlement negotiations.
13. What Is A Patent?
Grant by the U.S. Government to provide individuals
legal protection for their discoveries (inventions)
Finds basis in Article 1, Section 8, U.S. Constitution
Congress is empowered to “...promote the progress of
science and useful arts by securing for limited times to
authors and inventors the exclusive right to their
respective writings and discoveries.”
Covered by Federal Law (Title 35 USC)
Gives the patent owner the right to prevent others
from making, using or selling the claimed invention
within the United States or Country of Issue.
Optional props for presentation:
Nintendo DS
Wii nunchuck
Pair of earmuffs
Try to engage the students in a conversation by asking them what they need to be doing, what they have been doing, how they are going about inventing (the process), etc.
Places to start:
Discuss looking around and seeing maybe a problem that nobody has fixed. Provide an example – maybe talk about cars that run on gas. Tell them what is in gasoline and where it comes from (oil). What if we run out of oil?
Then discuss who problems are solved. Provide an example - discuss how people are looking at different ways to run cars. Then provide an example of a solution – some people thought “wouldn’t it be cool if cars could run on electricity?”.
What would you call that “solution”? Well, that’s an “invention” – a new, useful idea that others could use.
Note that some people are doubters. Maybe they say that it couldn’t be done? However, there are so many inventions that people made even though some people said it couldn’t be done. BUT - someone said “I can do it” – that person is an INVENTOR!
Are adults the only people who are allowed to invent stuff? NO!!!!!!
In fact, kids can be the best inventors because they have the best imaginations!
So, YOU guys can be inventors too!
Remember – your imagination is even better than most adults imaginations
You can even keep a journal or a special notebook with your goals and ideas.
Continue to think about your idea – experiment – try and make it – change it if you need to.
However – don’t tell anyone about your inventions! Keep them secret! Of course, you can tell your Mom and Dad!
So….let’s say that you have this really great invention. What do you do with it? Well, you can try to patent your invention.
Well – what is a patent? It is an original document that you get from the US Patent and Trademark Office – that’s part of the US government.
It is a summary of your invention. When you get a patent, the whole world gets to read about your invention.
Do you have to share your invention? No!
In fact, you don’t even have to use your invention.
So – what’s so great about getting a patent? Well, a patent means that you and only you can use it or you can let anyone you want use it.
OK – that sounds cool right? What other reasons are there for getting a patent for your invention? Well, you can actually sell your invention. Yep – you can get a lot of money!
How long do you think that you own your invention? For 20 yrs. For example, if you all got patents now, you would own them through the time you were teenagers, in college, getting a job, getting married, and having kids! That’s a long time.
What happens after 20 years? Then anyone can make what you invented? That’s right. I bet that you are thinking that it doesn’t sound like a cool invention – it’s yours!
What can you patent? Can you patent a new soda flavor? A flying car?
You can practically patent anything, but it must be new and useful.
Example of a process or method: a new way to make a car
Example of a machine: a car that flies
Example of a manufacture: a hammer used to make a car
Composition: a medicine which can make people fly
What can’t be patented? What about if you find a fish with toes? Can you patent that? No – you actually have to make it!
What about this one – recognize this? Yep – it’s a nunchuck from the Wii game.
Unique - describe the contour and positioning of the buttons.
Because Nintendo got a patent for this controller, no one can copy that look. In fact, no other controller looks like this.
So – I don’t think that there is any doubt that every one of you can be an inventor. You just have to open up your mind and let it happen!
