This document provides an overview of the patent system in India. It defines intellectual property (IP) and patents, explaining that patents provide legal monopoly over inventions for a limited period. The types of patent applications in India are described, including provisional, ordinary, PCT international, and divisional applications. The patent application process is summarized, outlining the documents and forms required for a complete specification. Key patent office locations in India are also listed. In general, the document serves as an introduction to filing and examining patent applications within the Indian IP system.
1. Overview of an IPR system in
India
Er. Bindu Swetha Pasuluri
M.Tech., ( Ph.D )
An Assistant Professor – ECE Dept
G Pulla Reddy Engineering College (Autonomous)
Kurnool-518007, Andhra Pradesh, India
Binduswetha.ece@gmail.com
2. IPR
• IP- Intellectual Property pertains to any
original creation of the human Intellect such
as artistic, Literary, technical or scientific
creation.
• IPR refers to legal rights given to the Inventor
or creator to protect his/ her invention for a
specific period of time.
• Making, using, selling, marketing, importing
the product etc…
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3. PATENT
• A Patent is an exclusive monopoly grant by
Govt. of an Inventor over their invention for
limited period of time.
• A Patentable invention can be a product or a
process or a combination of both.
• Patent is a grant of protection for an
Invention, Its granted by US Patent &
Trademark Office PTO & has a term of 14-20
years approx.
Ref: Google
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4. What Can & Can’t be patented
• What can be
• Novel
• Inventive step
• Capable of industrial
application
• Must not be declared as
non- patentable under
the patent act
Ref: Google
• What can’t be May be
• mathematical methods
• Business creation
• Any artistic creation
• Any thing against
universal law
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5. Types of Application
1. Ordinary
2. Convention
3. Patent Cooperation Treaty –National
4. PCT- International Phase
5. Divisional , which can result from division of a patent application
6. Patent of addition, which may filed subsequent to the filing of an
application for patent, for an improvement or modification.
Ref: Google
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6. Patent Application
Provisional & / Complete
1. Provisional
Provisional specification ( title, invention
description and drawings if necessary ).
2. Complete
Complete specification (title, complete
description , abstract, drawings, end with
claims & other forms).
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7. Complete Specification Involves
• Title <15 words
• Field
• Background
• Objectives
• Summary
• Drawings if any
• Detailed description
• Claims
• Abstract < 150 words
• & other necessary required
forms
Ref: Google
• Field of Invention may be:
Engineering , Music,
Pharmaceuticals, Business
method
Biological Science , School,
Home appliances , Auto
motives, Computer
applications, Insurance
Bio technology, Nano
technology, VLSI, Medical,
Ayurveda, siddha , Arts &
Science etc…
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8. Forms required
1. Covering letter- indicating the list of documents;
2. Application for Grant of Patent in Form 1
3. Complete/Provisional specification in Form 2
4. Statement and Undertaking regarding foreign
applications in Form 3
5. Declaration of Inventor ship in Form 5
6. Request for Examination in Form 18
Power of Attorney in Form 26 (in original - if filed
through attorney) – if required
with prescribed Government fees
Ref : www.ipindia.nic.in
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9. How to file a Patent
• Documents can be filed at the Patent office by
hand
• Digitally i.e., e-filing
• Through post
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10. Who & Where can file Patents
• WHO CAN FILE
• Can be any Institution
• Can be Company
• Can be research labs
• Legal representative of
any person
• The fee is different for
natural person, start-ups,
small entity and persons
other than small entity
Ref: Google
• WHERE CAN FILE
1. Chennai
2. Mumbai
3. Delhi
4. Kolkata
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11. Conversion of a Project Work into Patents
SEARCHING FOR IDEAS
→
PREPARE COMPLETE SPECIFICATION
→
PREPARE RELEVANT FORMS TO APPLY
→
APPLY FOR A PATENT
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12. PATENT GRANT PROCEDURE
Process of patent grant
18 months
• Application
• Publication 48 months
(Request for examination)
• Examination
• Grant Pre-grant opposition
Post-grant opposition
• A provision for early publication is possible
• Expedited examination is also possible
APPLICATION
PUBLICATION
EXAMINATION
GRANT
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13. Only R&D Institutions, Industries can
file patents or any one ?
• Patent for dish washer was issued to a house wife
Josephine Garis during dec,1886
• Mark Twain the famous poet got 3 patents for his
inventions.
o An adjustable strap to tighten shirts -1871
o A self posting scrap book (1873)
o A history game ( 1885)
• 2 patents granted for school teacher ( Gurumeet
singh from Punjab) for inventing teaching aid on
Mathematics in 2006 & many more…
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14. Publishing is more important than
Patenting ?
• Once published novelty is lost.
• Publication of an invention in any form by the
inventor before filing of a patent application
would disqualify the invention to be
patentable.
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15. One can get Patent for an IDEA?
• Patents are granted for any new and useful
processes and products or any improvements
thereof..
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16. Only Complex inventions are
Patentable?
• Patent for safety pin was issued during april,
1849 to Walter Hunt about 157 years ago.
• Patent for needle of sewing machine was
granted in 1854.
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17. Any age restrictions to get a patent ?
• Youngest girl to get a patent was 4-year old
from Houstan, Texas for an aid for grasping
round knobs.
• 6-year old boy ( Robert Patch ) was granted
patent for toy truck.
Do You Know?
• More than 90% of Patents are Enhancements
of existing Inventions
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18. Check Patent filing through ipindia website
• “ System of Heat sink motor control for consumer Electronic devices ” with
Application no:201941029525 ;Docket no:60860;CBR Cash book receipt
no:23461; at Controller General of Patents , Designs & Trade Marks , IPI
Chennai branch-India on 09/08/2019. https://ipindiaservices.gov.in/publicsearch/.
• “ System of Smart Multi-Functional Traffic Light using Organic Solar cell”
with Application no: 201911030347, Docket no:72785; CBR no:23995 ; IPI –India
on 09/08/2019.
• “ Fuzzy Logic based system of Intelligent Electric Solar Dyer for Fruits
”with Application no:201941032820; Docket no: 67684; CBR no:26207; at IPI
website - Chennai branch-India on 23/8/2019.
• “ Machine –Learning based method for Optimization of power
Management in Renewable and Non Renewable Energy Resources” with
Application no: 201921031179,Docket no: 40821; CBR no: 16975;at IPI India on
01/08/2019.
• “Method For Analyzing The Weather Monitoring and Notification System”,
202041008891, on 02.03.2020. (Patent Published as an Inventor)
• “Wearable device for monitor and control the mental stress during
isolation ” 202041017124 on 21-04-2020 (Patent Published)
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28. REFERENCE WEBSITES
• Intellectual Property Office (IPO)
http://ipindiaservices.gov.in/PatentSearch/PatentSearch
• Department Of Industrial Policy And Promotion(DIPP)
www.dipp.nic.in/
• Patent Facilitating Centre(PFC)
http://pfc.org.in/
• World Intellectual Property Organization (WIPO)
www.wipo.int
• Tamil Nadu State Council for Science & technology(TNSCST)
www.tanscst.nic.in
• Micro, Small and Medium Enterprises (MSME)
https://msme.gov.in/
• Ipinidia.gov.in
• Prof. Feorz ali sir, NPTEL course IPR & Patents, IIT Madras.
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29. Thank you
Er. Bindu Swetha Pasuluri
M.Tech., ( Ph.D )
mail id : binduswetha.ece@gmail.com
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