IPR-Patent

Intellectual Property Right (IPR)
By
Eknath T. Bayas
Asst. Prof. Mechanical Department
Amrutvahini College of Engineering
Sangamner-422608
eknath.bayas@avcoe.org
8275898659
©
1/7/2021 © E. T. BAYAS

Unit 2- Patent
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1/7/2021 © E. T. BAYAS
The only thing that keeps us alive
is our brilliance. The only thing
that protects our brilliance is
patent. -Edwin H Land (1976)

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Patented

Patent
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PAfter completing the study of this module you should be able to:
 Purpose of patent
 Conditions for patentability
 Exclusive rights offered by a patent
This unit explains the types of things that are protected under the heading of patent,
the rights that a patent owner has and how they can be used for commercial advantage
Patents deals with innovative
products or processes Patents are
treated as Keys to Knowledge

History of Patent
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 Patents are one of the oldest forms of intellectual property protection .
 Around 2700 BC The Chinese pots exhibit different types of marks such as the
name of that period’s Emperor, the name of the maker or place of origin.
 In second century BC usage of stamps on bricks by the Roman brick maker for
the purpose of identification around Century, ‘merchants mark’ was referred to
as property mark to prove ownership.
 Earliest example of patent system in the ancient Greek (in 510 BC) "If a cook
invents a delicious new dish, no other cook is to be permitted to prepare that
dish for one year”.
 During this time, only the inventor shall reap the commercial profits from his
dish. This will motivate others to work hard and compete in such inventions”

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Name of country Year
USA 1770
France 1791
Russia 1812
India 1856
 It is generally Considered that first patent of industrial
invention was granted to fillppo Brunelleschi in 1421 in
Florence. The land marks in patent law history include :
• The venetain patent statue of 1474
• The statute of monopolies of 1623 in England
 In England the first patent was granted in 1623. The status of
acting of patents legislation in countries is as follows:
History of Patent

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How Has The Patent System Supported U.S.
Economic Growth?

IPR Status in India
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PATENTS FILED IN INDIA
4824
8503
10592 11466 12613
17466
24415
0
5000
10000
15000
20000
25000
30000
99-2000 2000 -
2001
2001 -
02
2002 -
03
2003 -
04
2004 -
05
2005 -
06
Nos

Patent Grants in India
Year Resident Non-Resident Abroad
2009 1,725 4,443 1,461
2010 1,208 5,930 1,929
2011 776 4,392 2,105
2012 722 3,606 2,861
2013 594 2,783 3,758
2014 720 5,433 4,292
2015 822 5,200 4,999
2016 1,115 7,133 5,582
2017 1,712 10,675 5,800
2018 2,311 11,597 6,039
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Source of information :
https://www.wipo.int/ipstats/en
/statistics/country_profile/profil
e.jsp?code=IN

Patent
• The word patent is originated from the Latin
word “Patere” having meaning of “to open”.
• Each National Government can grant a patent
to an individual , institution ,or organization ,
for his invention (so that others can not sell or
use the invention without permission of
patent holder.)
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Act governs the patent in India:
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• The patent system in India is governed by the
Patents Act, 1970 (product and process
patent) (No.39 of 1970) as amended by the
Patents (Amendment) Act, 2005 and the
Patents Rules, 2003. The Patent Rules are
regularly amended in consonance with the
changing environment, most recent being in
2016. (process patent is useful in food and pharmaceutical sector)
British introduce patent act in India in 1911(product patent ) to profit British company

Types of patent:
There are four types of patents out of which utility
model patent are not in India.
1 Standard Patent:
• It is also called as an ordinary patent. It is long term
protection and control over an invention.
2 Patent of Addition:
• A patent of addition is an application made for a
patent in respect to improve or modification of the
invention described or disclosed in the main
application for which patentee is already applied for
patent
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3 Utility Model patent:
Unfortunately this patent is not in India but granted in
some countries like Japan, China, Australia, example of
utility model are any simple device such as toilet paper
holder, house hold goods, and all types of toys.
4 New use patent:
These are patents granted for new uses discovered for an
existing patented product.
Types of patent:

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World patent:
 There is no world/global patent.
 World patent is based on a misconception in the minds
of people.
 Patent protection is a territorial right and therefore it is
effective only within the territory of India. It means that
patent granted in India is valid only within boundaries of
India and not valid in any other country.
 There is no concept of world /global patent.
Types of patent:

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What are patent
 Upon filing of a patent application by an applicant, an intellectual property office
issues a patent, if the patent application meets the requirements stipulated in the
applicable law.
Example of inventions include band-aid, electric iron, safety pin, ball point pen, telephone, etc.

Purpose of patent
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• The purpose of patent is to provide a form of protection for technological
advances.
• Patent protection provides the possibilities of rewards not only for creation of
invention but also for further development of already existing invention.

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Purpose of patent
PurposeofPatent
Publication of inventions allows
the public to obtain a new
technological Knowledge
To inspire other inventors to
innovate further while avoiding
“reinventing a wheel”
Patent protection would accelerate
creativity and encourage inventors and
their employers to continue their efforts
to develop new technologies
Many other factors , such as design of products & marketing striges , significantly
contributes to such commercial success

• Patents are excellent source of technical information.
• More than 80 % of information covered in patents, is not
published elsewhere.
• Any entrepreneur / industrialist look for new technology and
follow patents in his area. (feels secured to acquire a patented
technology and relieved from the fear of infringing invention).
• Patents are used to identify experts / innovators and
manufacturing companies in a particular area. (Patent
documents mostly indicate the name and address of the
applicant / the patentee, inventor, etc.). This helps to any
potential licensee to contact the persons and find out conditions
for the technology transfer legally
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Importance of patent

What, exactly, can you patent
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A Product or process can be patented if it demonstrates the
following three characteristics[Section 2(1)(j)]:
- new (novelty)
- involving an inventive step (non-obviousness) and is
- of industrial use (useful –utility requirement)
A patent is a legal title granting its holder
the exclusive right to make use of an
invention for a limited area and time by
stopping others from, among other things,
making, using or selling it without
authorization.

Novelty & Innovation
• Novelty is quality of being new
• Innovation is application for better solution
that meet new requirements , interculated
needs or existing market needs
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Conditions & Criteria for Patentability
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There are several criteria that a patent office will look at to determine whether the
invention is patentable or not.
Conditions &
Criteria for
Patentability
It must be
new or
Novel
It must
involve an
inventive
step It needs to be
industrially
applicable
or useful

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Conditions & Criteria for Patentability
1 New (Novelty)
It means that the invention has not been publicly disclosed in any form, anywhere
in the world. The matter disclosed in the specification is not published in India or
elsewhere before the date of filing of the patent application in India (in India grace
period is 12 months).
2 Non obvious (Involving Inventive Step)
Invention must involve an “innovative step” The invention is not obvious to a person
skilled in the art in the light of the prior publication/knowledge/ document.
3 Useful (Utility)
Invention should possess utility, so that it can be made or used in an industry.

An invention may satisfy the condition of novelty, inventiveness and
usefulness but it may not qualify for a patent under the following situations:
 Abstract idea can not patented e.g. invention idea making a cycle pedal to
moon(no process no product)
 An invention which claims anything truly conflicting to well established
natural laws. (such as different types of Perpetual motion machine,
procedure or process to delay sunrise)
 A potentially Harmful invention e.g. Invent product which is useful to
copy in examination.
 An invention the primary commercial misuse of which could be contrary
to public order or morality or which causes serious partiality to human ,
animal or plant life or health or to the environment. (For e.g. process of
making brown sugar will not be patented.)
 Discovery of scientific principle e.g. Dr. kapoor invented new law kappor’s
sixth law which is not patented
Things that cannot patent
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 The mere discovery of a new form of a known substance which
does not result in the enhancement of the known usefulness of
that substance.
 A substance obtained by a mere admixture resulting only in the
aggregation of the properties of the components thereof or a
process for producing such substance. (in water if you add salt,
combiflam containing paracetamol and ibuperfen)
 The mere arrangement or re-arrangement or duplication of known
devices each functioning independently of one another in a known
way. (fixing of fan under umbrella both are independent devices
working independently , hence not patentable )
 A method of agriculture or horticulture not patented in India for
e.g. the method of terrace farming cannot be patented (otherwise
inventor will charge huge cost to farmers).
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 Any process for the medicinal, surgical, any process for a similar
treatment of animals to render them free of disease or to increase
their economic value or that of their products; (For e.g. any new
technique of hand surgery is not patentable)
 plants and animals in whole or including Seeds, varieties and species
and essentially biological processes for production or propagation of
plants and animals.
 A mathematical or business method or a computer programme or
algorithms (under debate).
 Certain form of literary and Artistic work can not patent.
 Mental acts process to playing games e.g. if you find out new way to
play cards or chess or cricket etc.)
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Topography of integrated circuits.
 A presentation of information.
Inventions relating to traditional knowledge.
 Inventions relating to atomic energy and the inventions prejudicial
to the interest of security of India.

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Who can file patent (section 6 of patent Act,1970)
True & first inventor of the invention [S.2(1)(y)]
 By any person who is assignee of true & first invention
 Legal representative of any deceased person (alone or jointly)
If more than one patent application claim the same invention
A Patent will be grant to the first person who file the patent
application.
Patents gets lapsed if renewal fees is not paid within the
prescribed period by inventor. In such cases any one can use
the patent freely as it is under public domain.

 Application form (Form 1), contains legal information such as name ,details of
applicant ,inventors.
 Provisional or complete specification, starting Number of pages and Number of
claims. (Form 2).contain invention including title ,field, description.
 Drawings in duplicate (if needed to describe the invention clearly & sufficiently)
 Abstract of the invention in150 wards.
 Statement of Undertaking under on (form 3) information regarding details of
invention if filed abroad and undertaking to inform the patent office as and
when he files the same abroad.
 Declaration of inventorship (Form 5) the applicant discloses the name of all
inventors.
 Power of Authority (if filed through Patent Agent/attorney).
 Fees (to be paid in cash/by cheque/by demand draft/ online) the Patent Rules
provides for different fee for individuals/Startups, SME‘s and legal entity.1/7/2021 IEI Students Chapter 29
Documents required filing patent

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Procedure for filing patent in India
1 Filing of Application:
The patent application in the prescribed form, accompanied by the requisite
fees , has to be filed along with the provisional and , if possible ,complete
specification .
2 Filing of Complete Specifications:
If complete specification has not filed at the time of first filing ,the complete
specification must be filed within 12 months from date of provisional filing. If not
filed within prescribed period , treated as deemed to be abandoned.
3 Notification in the Patent office journal:
After the application is filed, date of application is allotted and application is
published ( through patent office website) after 18 months in patent office
journals. The contents of the specification are kept confidential up to the date of
publication
4 Request for examination :
Applications are not examined till the request for examination is made , within 48
month from date of application. If no request is made within prescribed time the
application is treated as deemed to have been withdrawn

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Procedure for filing patent in India
5 Examination of Patent Application :
The examination of patent applications is taken up in the patent office only after
request for examination received.
6 FER (First Examination Report ) :
The applicant has to respond within 12 months of first examination report.
7 Grant of patent :
If the application is found to be in order , patent is granted by allocating a serial
number.
8 Opposition against grant of patent :
a) Pre grant opposition by way of representation
Any person can file an opposition by way of representation to the controller any
time after publication and before grant against the grant of patent. He must file
evidence in support ,after hearing patent grant or refuse.
b) Post grant opposition :
Person who is expert in the field of patent application can give notice of an
opposition to controller with 12 months from date of publication of grant of
patent . After hearing controller may either maintain, amend or revoke the
patent

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patent search & Database
Below free sites shows how to search patents such as search existing patents, search by
patent name, and patents by years, patent by field, patent by inventor, patent by
company, patent by place …. Etc.
 INAPADOC(bibliographic data)
 USPTO http://patft.uspto.gov/
 IPO https://ipindiaservices.gov.in/publicsearch ,
www.ipindia.nic.in
 EPO https://worldwide.espacenet.com/advancedsearch?locale=en_EP
 WIPO Patent Scope https://patentscope.wipo.int
 Patent Lens https://www.patentlens.net , https://www.lens.org
 Directories of International offices https://www.wipo.int/directory/en/urls.jsp
 Sequence Searching (BLAST) https://blsat.ncbi.nlm.nih.gov
http://pubchem.ncbi.nlm.nih.gov/
Patent Search
Courtesy: iprcluster.com
Online search can be carried out by patent number , publication or priority
date, name of inventor , assignee or attorney , title of technology using these
key words.

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 Subject : To find out what have been published on a subject or to
establish the State of the art. monitor patent infringement
 Text / key word search :searching information using key words from the
text.
 Patent Classification : IPC search is also very useful for the researcher. It
requires professional skills, expertise and searching experience. Inventor
/Assignee: To locate experts, consultants, etc.
 Publication, application number and dates:
 Patent Families :To find in which other countries inventor has filed an
application, and find out a patent filed in an English language equivalent
to avoid translation.
 Legal Status Search: To check the validity of patent and use the invention
if its term is over.
 Proximity searches : Boolean and proximity operators can be used
 Country :Survey international technology, locate equivalent patents
Patent offices provide search facility of their patent documents online
through patent databases.
Patent Search

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 From 20th July, 2007 the Indian Patent Office has put in place an online filing system for
patent .
 10% fee reduction on online filing compared to offline filing to promote online filing.
 Only in case the application is required to be filed offline, the same can be filed physically at
the counter of the Office. (The cheque or demand draft should be payable to the "Controller
of Patents" drawn on any schedule bank at a place where the appropriate office is situated)
 One can file patent applications through comprehensive online filing system at
https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin.
 More information for filing online application is available on the website of Patent Office i.e.
www.ipindia.nic.in.
Patent filing / e-filing
File an application for patent along with required documents & Pay the required fees.
With one of the patent offices based on territorial jurisdiction of the place of office or
residence of the applicant /agent.
 An application for patent can be filed either in Hindi or English.
 It is not necessary to visit the patent office to file the application as online filing
facility is provided.(need digital signature to file online patent )
e-filing

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Filing Application
Provisional Specification Complete Specification
Publication
Publication after 18
Months
Request for examination
in 48 months
Examination
FER
6 month
Acceptance & Advertisement
Opposition
No opposition
Sealing & issue of letters patent
Opposition Dismissed
Upheld
No patent
Partially upheld
Amendment
4-5
F
I
V
E
Y
E
A
R
s
Roadmap of Patent creation

 File an application for patent along with required documents & Pay the
required fees.
 With one of the patent offices based on territorial jurisdiction of the place of
office or residence of the applicant /agent.
 Information concerning application form and details of fee available at
www.ipindia.nic.in (Guidelines for applicants also available on this website)
 Publication of the patent application (18 months publication ) , including
early publication
 Filing a request for examination by applicant or third parry (including early
examination)
• *A patent application is not examined automatically after its filing. The
examination is done only after receipt of the request of examination in
Form 18 either from the applicant or from third party.
1/7/2021 IEI Students Chapter
How patent is obtained in India

 An application for patent can be filed either in Hindi or English.
 One can file patent applications through comprehensive online
filing system at:
https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin.
 More information for filing online application is available on the
website of Patent Office i.e. www.ipindia.nic.in
 The information relating to the patent application is published in
the Patent office Journal issued on every Friday. This is also
available in electronic form on the website of the Patent Office.

 Conducts in-depth examination and issue of examination report to
the applicant. After examination, the Patent office issues an
examination report to the applicant which is generally known as First
Examination Report (FER).
 Raises objection to the application, meeting of objections and
disposal of pre –grant opposition (Attending hearing, if any)
 Grant of patent and issue of certificate of patent. (Acceptance or
rejection of the patent application)

Term of patent
 Term of every patent will be 20 years from the date of filing of patent
application.
 Date of patent is the date on which the application for patent is filed.
 A patent will have cease to effect on the expiration of the period
prescribed for the payment of any renewal fee, if that fee is not paid
within the prescribed period.
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 Nature and Extent of patent Rights :
Third party is not entitled to make, use, sell, and offer to sell or
import the patented product in India without the permission of
patentee.
 Rights of the co-owners :
Where two or more inventors jointly obtain a patent , each of the co-
inventor is entitled to an equal undivided share in a patent an
agreement to the country is in force.
 Person Entitled to Exercise the Patent Rights:
A mortgage , license or creation of any other interest in a patent shall
not be valid unless the same were in writing and the agreement
between the parties.
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Rights of Patent holder

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Happy Patenting
Patent No.
Application No.
Date of Filing
Patentee
Title
Date of Grant
Source : www.ipindia.nic.in

1/7/2021 © E. T. BAYAS
Reference
 IGNOU PGDIPR Study material
 https://patentscope.wipo.int
 http://www.ipindia.nic.in

IPR-Patent

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