The document provides an overview of intellectual property rights (IPR) and patents. It defines IPR as exclusive rights granted to authors for their creations. There are different types of IPR including patents, trademarks, copyrights, industrial designs, geographical indications, and trade secrets. The document then discusses patents in more detail, noting that a patent is a contract with the government that provides a limited monopoly in exchange for sufficient disclosure of an invention. It provides examples of patentable subject matter and exclusions, the patent filing process, and benefits of obtaining a patent.
This document discusses various aspects of patent infringement. It defines a patent and the rights of a patent holder. There are two types of patent infringement: direct and indirect. Direct infringement occurs when someone makes, uses or sells a patented invention without permission. It can be literal infringement if all claim elements are present, or equivalence infringement if differing elements perform the same function in the same way to yield the same result. Indirect infringement involves inducing or contributing to another's direct infringement. The document provides examples and defenses to patent infringement.
Patent: A presentation on "Patent Drafting" by Ms. Vinita Radhakrishnan - Ban...BananaIP Counsels
Patent: A presentation on "Patent Drafting" by Ms. Vinita Radhakrishnan - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services.
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
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 various topics related to patent searching and drafting patent claims including:
1) The purposes of conducting patent searches such as avoiding infringement and monitoring competitors.
2) Resources for conducting patent searches such as online databases and tools from patent offices which provide time-efficient and cost-effective access to comprehensive international patent information.
3) Key considerations for drafting patent claims including writing broad and narrow claims to fully cover the invention while avoiding prior art and unnecessary limitations.
This document provides an overview of patent law in India, including the history and mechanisms of intellectual property rights (IPR) and the Indian Patent Act of 1970. It describes what can be patented in India, the types of patents, the patent application process, and amendments made to the patent act over the years, including the Patent Amendment Acts of 1999, 2002, 2005, and 2010. The key purpose of patents is to protect inventions and provide exclusive commercial rights to inventors for a limited time.
The document discusses patentability requirements in the US, including utility, novelty, and non-obviousness. It provides details on the types of subject matter that can be patented, conditions for novelty like anticipation and statutory bars, and considerations for non-obviousness. It also discusses the European patent regime and takes questions.
This document discusses various aspects of patent infringement. It defines a patent and the rights of a patent holder. There are two types of patent infringement: direct and indirect. Direct infringement occurs when someone makes, uses or sells a patented invention without permission. It can be literal infringement if all claim elements are present, or equivalence infringement if differing elements perform the same function in the same way to yield the same result. Indirect infringement involves inducing or contributing to another's direct infringement. The document provides examples and defenses to patent infringement.
Patent: A presentation on "Patent Drafting" by Ms. Vinita Radhakrishnan - Ban...BananaIP Counsels
Patent: A presentation on "Patent Drafting" by Ms. Vinita Radhakrishnan - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services.
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
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 various topics related to patent searching and drafting patent claims including:
1) The purposes of conducting patent searches such as avoiding infringement and monitoring competitors.
2) Resources for conducting patent searches such as online databases and tools from patent offices which provide time-efficient and cost-effective access to comprehensive international patent information.
3) Key considerations for drafting patent claims including writing broad and narrow claims to fully cover the invention while avoiding prior art and unnecessary limitations.
This document provides an overview of patent law in India, including the history and mechanisms of intellectual property rights (IPR) and the Indian Patent Act of 1970. It describes what can be patented in India, the types of patents, the patent application process, and amendments made to the patent act over the years, including the Patent Amendment Acts of 1999, 2002, 2005, and 2010. The key purpose of patents is to protect inventions and provide exclusive commercial rights to inventors for a limited time.
The document discusses patentability requirements in the US, including utility, novelty, and non-obviousness. It provides details on the types of subject matter that can be patented, conditions for novelty like anticipation and statutory bars, and considerations for non-obviousness. It also discusses the European patent regime and takes questions.
This document provides an overview of intellectual property and intellectual property rights. It defines intellectual property as property that arises from human intellect, such as ideas, designs, poems, and music. Intellectual property rights protect the inventions and creations of individuals and provide the inventor exclusivity over their intellectual property. The three main types of intellectual property rights discussed are patents, copyrights, and trademarks. Patents protect inventions, copyrights protect original creative works, and trademarks protect brands, logos, and names. The document outlines the registration process and legal protections provided for each type of intellectual property right.
Introduction to Patents and IP CommercializationHasit Seth
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Introduction to Patents and IP Commercialization. These are slides from a talk I gave at Venture Center NCL (National Chemical Laboratory) in Pune, India to a audience of scientists involved in nanotechnology.
A patentee is a person to whom a grant is made or privilege secured by patent the patentee assigned the patent to his employer.
According to Patent Law, the patentee enjoys exclusive rights by which the patentee possess, use, benefit from and dispose of the patent, and no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product, or use the patented process, or use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes.
Detailed information on different types of intellectual property rights and how to protect them through patent filing, copy rights, geographical identification and other procedures
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
A patent is the granting of a property right by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention.
Patent litigation refers to legal actions taken to protect patents from infringement. When a patent is infringed, the patent holder can sue the infringing party in court. There are different types of patent infringement, including direct infringement which involves making, using, or selling a patented invention without permission. Indirect infringement includes contributory infringement, where a third party provides components for infringing products, and induced infringement, where a party aids infringement through instructions or licensing. In court, parties present evidence and the defendant can argue defenses like patent invalidity or non-infringement. If the defendant is found to have infringed, they may be ordered to pay damages or have an injunction against further infringement.
Freedom to Operate (FTO) refers to whether it’s commercially ‘safe’ for you to make or sell your product in the country in which you wish to do so, without infringing existing third-party rights.
In this month's podcast episode, we’re talking about claims – the fundamental building blocks of a patent. There simply is not a more important concept to grasp in all of patenting. As a former chief justice of the Federal Circuit once famously said, “The name of the game is the claim.” And in terms of what game you’re playing, the claims are where you separate the patents playing checkers from the patents playing chess.
This is where your patent practitioner earns their money and as you’ll learn today, also where the mostly costly mistakes can be born. As David Cohen, a Patently Strategic regular, has said in the past, "Ninety percent of the mental exercise in drafting patents is in the strategy of looking around corners, anticipating the future, and trying to capture as many would-be infringers as possible.” How your claims are crafted is literally the difference between a patent being an intellectual asset and a worthless stack of paper.
In this month’s episode, Ty Davis, Patent Strategy Associate here at Aurora, leads a discussion, along with our all star patent panel, delving deeply into:
⦿ Claim fundamentals
⦿ Claim drafting strategies
⦿ How to think about claims in the context of infringement
⦿ And in the game of patenting, how to move like a queen, so you’re not treated like a pawn.
Ty is joined by our always exceptional group of IP experts, including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Kristen Hansen, Patent Strategist at Aurora
⦿ Dr. David Jackrel, President of Jackrel Consulting
⦿ Marie Smyth, Patent Agent, formerly with Greenberg Traurig and Meta
⦿ Porter Thames, J.D. and Patent Agent at SMU Science and Technology Law Review
** Mossoff Minute **
This month's Mossoff Minute, featuring Professor Adam Mossoff, looks at the poorly named Advancing America's Interests Act and its potential impact on the ITC being able to block import of products that infringe on American patents.
Podcast: https://patentlystrategic.buzzsprout.com/1734511/13729977-patent-claims-the-name-of-the-game
The document discusses various forms of intellectual property protection including patents, industrial designs, trademarks, copyrights, and trade secrets. It provides examples of the types of innovations that can be protected under each category and describes the basic registration processes and requirements for patents, trademarks, and designs in India. Key government agencies responsible for intellectual property are also mentioned.
The document provides an overview of patent law in India, including:
1) A patent grants an inventor exclusive rights to an invention that is novel, useful, and non-obvious.
2) India's patent law has evolved since the 1850s through several Acts, with the current Patents Act coming into force in 1970.
3) The Act provides for patents on both products and processes, with a term of 20 years, and includes pre- and post-grant opposition provisions.
The document discusses various formats and types of patent claims. It describes the typical format of a patent claim as a single sentence with an identifier like "Claim 1". Claims have a preamble that identifies the category of invention, a transitional phrase like "comprising", and a body that describes interrelated elements. The document provides examples of different types of claims like independent claims, dependent claims, improvement claims, two-part form claims, means-plus-function claims, and apparatus and method claims. It also discusses proper punctuation, antecedent basis, reference numerals, and multiple claim elements.
The document discusses intellectual property (IP) and patents. It defines IP and the main methods of protecting IP, including patents. Patents provide a temporary monopoly on inventions and encourage innovation. The summary describes the patent process, including filing requirements, examination, opposition periods, and duration of typically 20 years. It outlines strategies for patenting, such as aggressively patenting everything or using patents defensively. The benefits of patents include exclusivity, monopoly pricing and licensing income. Infringement can result in injunctions or requirement to pay reasonable royalties or lost profits.
This document provides an overview of patent law from an Indian perspective. It defines what a patent is, outlines the key benefits and requirements for obtaining a patent in India, and describes the patent application and granting process. The document also discusses what can and cannot be patented, infringement issues, and how patents can provide strategic advantages for companies.
This document discusses patent infringement, including what it is, types of infringement, how to judge infringement, and potential consequences. Patent infringement occurs when someone makes, uses, or sells a patented invention without permission from the patent holder. There are two types of infringement: direct infringement involves directly using the patented invention, while indirect infringement involves supplying parts that can only be used with a patented invention. To determine if infringement occurred, a court will analyze the patent claims and see if they encompass the accused device or process. Potential consequences of infringement include barriers to innovation, damage to economic and legal systems, and financial remedies determined in court cases.
This document discusses intellectual property and patents in India. It provides information on:
- What intellectual property and patents are. Patents grant exclusive rights over inventions.
- Key aspects of Indian patent law and amendments over time to make it WTO compliant. Patents are now granted for 20 years and cover all fields of technology.
- Application process for patents in India, including filing requirements and examination process.
- Rights conferred on patent holders and ability to surrender or revoke patents on certain grounds.
Patentability requirements
Patentable subject matter
Industrial Applicability
Novelty
Inventive Step
Specification
Visit us at www.bananaip.com
email us at contact@bananaip.com
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 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
This document provides an overview of intellectual property and intellectual property rights. It defines intellectual property as property that arises from human intellect, such as ideas, designs, poems, and music. Intellectual property rights protect the inventions and creations of individuals and provide the inventor exclusivity over their intellectual property. The three main types of intellectual property rights discussed are patents, copyrights, and trademarks. Patents protect inventions, copyrights protect original creative works, and trademarks protect brands, logos, and names. The document outlines the registration process and legal protections provided for each type of intellectual property right.
Introduction to Patents and IP CommercializationHasit Seth
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Introduction to Patents and IP Commercialization. These are slides from a talk I gave at Venture Center NCL (National Chemical Laboratory) in Pune, India to a audience of scientists involved in nanotechnology.
A patentee is a person to whom a grant is made or privilege secured by patent the patentee assigned the patent to his employer.
According to Patent Law, the patentee enjoys exclusive rights by which the patentee possess, use, benefit from and dispose of the patent, and no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product, or use the patented process, or use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes.
Detailed information on different types of intellectual property rights and how to protect them through patent filing, copy rights, geographical identification and other procedures
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
A patent is the granting of a property right by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention.
Patent litigation refers to legal actions taken to protect patents from infringement. When a patent is infringed, the patent holder can sue the infringing party in court. There are different types of patent infringement, including direct infringement which involves making, using, or selling a patented invention without permission. Indirect infringement includes contributory infringement, where a third party provides components for infringing products, and induced infringement, where a party aids infringement through instructions or licensing. In court, parties present evidence and the defendant can argue defenses like patent invalidity or non-infringement. If the defendant is found to have infringed, they may be ordered to pay damages or have an injunction against further infringement.
Freedom to Operate (FTO) refers to whether it’s commercially ‘safe’ for you to make or sell your product in the country in which you wish to do so, without infringing existing third-party rights.
In this month's podcast episode, we’re talking about claims – the fundamental building blocks of a patent. There simply is not a more important concept to grasp in all of patenting. As a former chief justice of the Federal Circuit once famously said, “The name of the game is the claim.” And in terms of what game you’re playing, the claims are where you separate the patents playing checkers from the patents playing chess.
This is where your patent practitioner earns their money and as you’ll learn today, also where the mostly costly mistakes can be born. As David Cohen, a Patently Strategic regular, has said in the past, "Ninety percent of the mental exercise in drafting patents is in the strategy of looking around corners, anticipating the future, and trying to capture as many would-be infringers as possible.” How your claims are crafted is literally the difference between a patent being an intellectual asset and a worthless stack of paper.
In this month’s episode, Ty Davis, Patent Strategy Associate here at Aurora, leads a discussion, along with our all star patent panel, delving deeply into:
⦿ Claim fundamentals
⦿ Claim drafting strategies
⦿ How to think about claims in the context of infringement
⦿ And in the game of patenting, how to move like a queen, so you’re not treated like a pawn.
Ty is joined by our always exceptional group of IP experts, including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Kristen Hansen, Patent Strategist at Aurora
⦿ Dr. David Jackrel, President of Jackrel Consulting
⦿ Marie Smyth, Patent Agent, formerly with Greenberg Traurig and Meta
⦿ Porter Thames, J.D. and Patent Agent at SMU Science and Technology Law Review
** Mossoff Minute **
This month's Mossoff Minute, featuring Professor Adam Mossoff, looks at the poorly named Advancing America's Interests Act and its potential impact on the ITC being able to block import of products that infringe on American patents.
Podcast: https://patentlystrategic.buzzsprout.com/1734511/13729977-patent-claims-the-name-of-the-game
The document discusses various forms of intellectual property protection including patents, industrial designs, trademarks, copyrights, and trade secrets. It provides examples of the types of innovations that can be protected under each category and describes the basic registration processes and requirements for patents, trademarks, and designs in India. Key government agencies responsible for intellectual property are also mentioned.
The document provides an overview of patent law in India, including:
1) A patent grants an inventor exclusive rights to an invention that is novel, useful, and non-obvious.
2) India's patent law has evolved since the 1850s through several Acts, with the current Patents Act coming into force in 1970.
3) The Act provides for patents on both products and processes, with a term of 20 years, and includes pre- and post-grant opposition provisions.
The document discusses various formats and types of patent claims. It describes the typical format of a patent claim as a single sentence with an identifier like "Claim 1". Claims have a preamble that identifies the category of invention, a transitional phrase like "comprising", and a body that describes interrelated elements. The document provides examples of different types of claims like independent claims, dependent claims, improvement claims, two-part form claims, means-plus-function claims, and apparatus and method claims. It also discusses proper punctuation, antecedent basis, reference numerals, and multiple claim elements.
The document discusses intellectual property (IP) and patents. It defines IP and the main methods of protecting IP, including patents. Patents provide a temporary monopoly on inventions and encourage innovation. The summary describes the patent process, including filing requirements, examination, opposition periods, and duration of typically 20 years. It outlines strategies for patenting, such as aggressively patenting everything or using patents defensively. The benefits of patents include exclusivity, monopoly pricing and licensing income. Infringement can result in injunctions or requirement to pay reasonable royalties or lost profits.
This document provides an overview of patent law from an Indian perspective. It defines what a patent is, outlines the key benefits and requirements for obtaining a patent in India, and describes the patent application and granting process. The document also discusses what can and cannot be patented, infringement issues, and how patents can provide strategic advantages for companies.
This document discusses patent infringement, including what it is, types of infringement, how to judge infringement, and potential consequences. Patent infringement occurs when someone makes, uses, or sells a patented invention without permission from the patent holder. There are two types of infringement: direct infringement involves directly using the patented invention, while indirect infringement involves supplying parts that can only be used with a patented invention. To determine if infringement occurred, a court will analyze the patent claims and see if they encompass the accused device or process. Potential consequences of infringement include barriers to innovation, damage to economic and legal systems, and financial remedies determined in court cases.
This document discusses intellectual property and patents in India. It provides information on:
- What intellectual property and patents are. Patents grant exclusive rights over inventions.
- Key aspects of Indian patent law and amendments over time to make it WTO compliant. Patents are now granted for 20 years and cover all fields of technology.
- Application process for patents in India, including filing requirements and examination process.
- Rights conferred on patent holders and ability to surrender or revoke patents on certain grounds.
Patentability requirements
Patentable subject matter
Industrial Applicability
Novelty
Inventive Step
Specification
Visit us at www.bananaip.com
email us at contact@bananaip.com
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 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.
Indian patent act - 1970 - definitions, history, types, terms, inventions patentable and non-patentable, patent filling procedure, rights of a patentee, offences and penalties.
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.
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 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 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 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.
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.
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 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.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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9. 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)
11. 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
12. 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.
13. 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
16. Importance of patents
• Important sourceof scientificandtechnical
literature
• Atreasure-house of scientificinventions
• Avoidsduplication
• Paveswayforfurtherdiscoveries
• Identifiesemergingtechnologies,emerging areas
17. 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
18. 18
Benefits of Patenting
• Stop re-inventing the wheel
• Know what is already patented
• Patent leads to Collaboration/ Money /
Fame/ Name/ etc………
19. 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.
20. 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
21. • 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
22. 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.
23. 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
24. 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 ?
25. 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.
26. 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
27. 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
28. 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.
29. 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
30. What is an Invention?
Sec.2(1)(J)
“Invention” means a new product or
process involving an inventive
step and capable of industrial
application
31. 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
32. “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
33. 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
35. 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
36. 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 ,
37. 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
38. 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.
39. 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
40. Checks and Balances
Section 3(c)
Excludes patents on
•Naturally occurring Micro-organisms
Effect
Genetically modified microorganisms (GMOs) are
however, patentable.
41. 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
42. 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
43. 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
44. 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
45. 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
46. 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
47. 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
48. 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
49. 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
50. 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
51. 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
52. 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
53. 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
54. 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
55. 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
56. Section 3 (o)
Topography of integrated circuits.
Examples
Mask works - circuits layout
Section 3 exclusions
57. 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
58. 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
59. 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
60. 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
61.
62. 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