This document provides an overview of patents, including types of patents, what can and cannot be patented, and the patent process. It discusses plant patents, limitations on patent rights, and provides examples of patent infringement and expiration. The document contains information on the Indian patent system, the various patent offices and their jurisdictions, and the stages and procedures for obtaining a patent in India, from initial filing through examination and potential grant. It aims to introduce readers to the basic concepts of the patent system.

1. PATENT, TYPE, KNOWN HOW AND
HOW DO WITH CASE STUDIES
Creativity in bloom….

2. Content
Highlights
1. Introduction to Patent
2. Types of Patents
3. Inventions Not Patentable
4. The Difference Between a Patent, a Copyright and a Trademark
5. The Patent System Of India and its offices locations
6. Stages From Filing To Grant Of A Patent
7. Procedures And Guidelines For E-Filing Of Patent Applications
8. Patent Expires
9. A Patent Infringement
10. A Plant Patent
11. Limitations Patents To Plants
12. Limitations of Patent Rights
13. Case Studies.
14. Conclusion.

3. INTRODUCTION
Today we are living in an extremely competitive world where the technology
is ever changing. New and improved technology are being developed at a
very fast rate than ever before.
The word Patent originates from the Latin patere which means " to lay open" (i.e.,
to make available for public inspection.
The term patent has been in existence since the year 1700, the world's first
exclusive right over an invention is said to have been granted in the year 1421.
 Is it just a piece of paper!
 Your “invention”.

4. •Patent enables its owners to exclude from making, using and selling its
inventions.
• A patent is a contract between the inventor or applicant for the patent
and the State, whereby the inventor or applicant gets a monopoly from the
State for a certain period in return for disclosing full details of the
invention.
• The patent system thus ensures that information on new inventions is
made available for eventual public use so as to encourage technical and
economic development.
•A patent means that you and only you can use it or you can let anyone you
want to use it.

5. It is an original document that you get from the Patent and Trademark
Office – that’s part of the government.
It is a summary of your invention. When you get a patent, the whole
world gets to read about your invention.
A patent define as
Who can patent?
If an inventor or company has an invention, which they
consider to be novel and inventive, they may apply for a
patent.
This may be granted only after a detailed examination by
a patent office.
Once the patent is granted the inventor or applicant has
the sole right to make, use or sell the invention for a limited
period.

6. TYPES OF PATENTS
There are three types of patents you can apply for:
(1) Patentable inventions,
(2) Industrial design,
(3) Utility model.

7. (1)Patentable Inventions
Any technical solution of a problem in any field of human activity which is
new, involves an inventive step, and is industrially applicable shall be
patentable. It may be, or may relate to, a product, or process, or an
improvement of any of the foregoing.
Invention must
relates to a Process or Product or both
be new (Novel)
involves an inventive step
be Capable of industrial application
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

8. (2) An Industrial design
An industrial design is any composition of lines or
colors or any three-dimensional form, whether or not
associated with lines or colors;
provided that such composition or form gives a special
appearance to and can serve as pattern for an
industrial product or handicraft.
A design patent is a form of patent which covers the
decorative/ornamental aspects of a product. The
ornamental aspects claimed in a design patent must
not be functional, as function is covered only by utility
patents. As such, you might obtain a design patent for
the ornamental shape of a CAR, however if that shape
also provides a better service, then it would be properly
protected by a utility patent.

9. (3) Utility model
A utility model is any model of implements or tools or any
industrial product, or of part of the same which is of practical
utility by reason of its form, configuration or composition. Under
section 109.3 of RA 8293, otherwise known as the Intellectual
Property Code (IP Code), a utility model can no longer be
renewed. It can only be registered for a period of seven (7) years
after date of filing of the application, without any possibility of
renewal.

10. INVENTIONS NOT PATENTABLE

11. The following are not inventions within the meaning of this Act,Omitted by the
Patents (Amendment) Act, 2002
1. An invention which is frivolous or which claims anything obviously
opposing to whole established natural laws.
2. An invention the primary or intended use or commercial exploitation of
which could be contrary to public.
3. The Simple discovery of a scientific principle or the formulation of an
abstract theory.
4. The mere discovery of any new property or new use for known substance
or of the mere use of known process, machine or apparatus unless such known
process result in a new product or employ one new reactant.
5. Any process for the medicinal, surgical, curative, preventive, diagnostic,
therapeutic.
6. Arrangement or re-arrangement or duplication of known devices each
functioning independently.
7. A method of agriculture or horticulture.
9. Plants and animals in whole or any part therefore other than micro
organism but including seeds, varieties and species.

12. 10. A computer programme per se other than its technical
application to industry or combination with hardware
11. A mathematical method or business method or
algorithms
12. A literary, dramatic, musical or artistic work or any other
aesthetic creation whatsoever including cinematographic works and
television productions.
13. A mere scheme or rule or method of performing mental act or
method of playing game.
14. A presentation of information
16. An invention which, in effect is traditional knowledge or
which is an aggregation or duplication of known properties of
traditionally known components.
17. Invention relating to atomic energy.
18. Discovery of a new form of a known substance which does
not result in the enhancement of the known efficacy of that
substance.
Explanation.—For the purposes of this clause, salts, esters, ethers,
polymorphs, metabolites, pure form, particle size, isomers, mixtures
of isomers, complexes, combinations and other derivatives of known
substance shall be considered to be the same substance, unless they
differ significantly in properties with regard to efficacy;

13. The Difference between a Patent, a Copyright and a Trademark
A trademark grants the right to exclusively
use a name, design, slogan, or any other
symbol used to identify its goods and
services to consumers.
A patent is a legal grant from a government
entity that gives the holder the right to
exclude others from making, using, selling
or importing a specified invention for a
limited time period
A copyright grants the right to exclude
others from copying, selling, performing,
displaying or making other works based on
a work of authorship, such as a song, a
book, or computer source code.

14. The Patent
System of India
Governing Laws in India for IPR as follows:
1. Patent Act 1970
2. Trade Marks Act (1958 original) 1999
3. The Copyright Act 1957
4. The design Act 2000
5. Geographical Indication of Goods (Registration and Protection)
Act 1999
6. Plant Variety and Farmers Right Protection Act 2001

15. CONTROLLER GENERAL OF PATENTS,
Head Office
KOLKATA
Branch
DELHI
Branch
CHENNAI
Branch
MUMBAI
PATENT OFFICE

16. 26th May'09 Dr.Asha Aggarwal
16
Regional Patent office’s
Jurisdiction
Office Territorial Jurisdiction
Patent Office Branch,
Chennai
The States of Andhra Pradesh, Karnataka, Kerala,
Tamil Nadu and the Union Territories of
Pondicherry and Lakshadweep
Patent Office Branch
Mumbai
The States of Maharashtra, Gujarat, Madhya
Pradesh, Goa and Chhattisgarh and the Union
Territories of Daman and Diu & Dadra and Nagar
Haveli.
Patent Office Branch,
New Delhi
The States of Haryana, Himachal Pradesh, Jammu
and Kashmir, Punjab, Rajasthan, Uttar Pradesh,
Uttaranchal, Delhi and the Union Territory of
Chandigarh.
Patent Office, HO
Kolkata
The rest of India

17. 26th May'09 Dr.Asha Aggarwal 17
GENERAL PROCEDURE FOR OBTAINING A
PATENT
 Filing of patent application
 Publication after 18 months
 Pre Grant Opposition /Representation
by any person.
 Request for examination
 Examination: Grant or Refusal
 Publication of Grant of patent
 Post Grant Opposition to grant of patent
 Decision By Controller
From 2005
Patent Application
Publication
Examination
Application in
Order for Grant
Publication of Grant
Post Grant Opposition
Pre Grant oppositi

18. STAGES FROM FILING TO GRANT OF A PATENT

19. Procedures and Guidelines for e-Filing of Patent Applications
(1) URL for e-Filing
The URL for accessing the portal for e-Filing of patent applications is :
http://ipindiaonline.gov.in/on_line.
This is the main page of the portal for e-filing of patent applications to
Indian Patent Office (IPO). All users have to register themselves on-line for
using the system. Click on the link ‘On-line Registration for New
User’.

20. (2) On-line Registration of New User
For the registration of a new user, we have to fill and submit the following on-
line registration form by clicking on the link ‘On-line Registration for
New User’.

21. After filling up the form successfully when the user clicks on the ‘Register’
button, the system asks to upload user’s Digital Signature.
Click on the button ‘Upload Digital Signature’ to upload Digital
Signature of the user. Select the certificate and click on OK Button

22. After the successful registration user will be given a system generated User
ID and password to access the system as shown below.

23. Click on Back Button to go back to main screen. This password has to be changed by the
concerned user after the first login.
(3) Login into the system
The user has to provide this User ID and Password at the time of first login. Now the
following screen is displayed. Change the password here.
After the successful
password change
option the following
page is displayed. This
web page would
provide all the options
present in the online
patent filling

24. All the options are in a step-by-step manner. This means
that if a new user is trying to work through the portal then
he will have to follow the top-to-bottom approach.

26. PATENT EXPIRE
A patent can expire in the following ways:
1. The patent has lived its full term i.e. the term specified by the patent act of the country.
Generally it is 20 years from the date of filing.
2. The patentee has failed to pay the renewal fee. A patent once granted by the
Government has to be maintained by paying annual renewal fee.
3. The validity of the patent has been successfully challenged by an opponent by filing an
opposition either with the patent office or with the courts
A PATENT INFRINGEMENT
Patent infringement occurs when third party, without
authorization from the patentee, makes , uses, or sells a
patented invention. Patents however are enforced on a nation
by nation basis. The making of an item in China, for e.g., that
would not constitute infringement under Indian patent law
unless the item were imported into India. From there, several
strategic options exist ranging from sending a cease and
desist letter asking the infringer to stop selling the product to
filing a lawsuit in Federal District Court.
Whatever you do, don't panic, as having someone infringe
your patent can be one of the best things that ever
happened to you!!

27. A PLANT PATENT
Plant patent is granted by the Government to an
inventor (or the inventor's heirs or assigns) who
has invented or discovered and asexually
reproduced a distinct and new variety of plant,
other than a tuber propagated plant or a plant
found in an uncultivated state.
The grant, which lasts for 20 years from the date
of filing the application, protects the inventor's
right to exclude others from asexually
reproducing, selling, or using the plant so
reproduced.
This protection is limited to a plant in its
ordinary meaning

28. Invention for purposes of a plant patent is a two step process:
1. The first step is the discovery step which involves the identification of a
novel plant. This step could be performed in any cultivated area.
• It could involve the identification or recognition of an off type plant in a
monoculture of a known variety or the identification of a desirable mutant
which was either spontaneous or induced. Or,
• it could result from the identification or recognition of an outstanding
individual within the progeny of a cross made in a planned breeding
program.
2. The second step, which consists of asexual reproduction, tests the stability
of the claimed plant to assure that the plant's unique characteristics are not
due to disease, infection, or exposure to agents which cause a change in the
plant's appearance which is transitory and not due to a change in the genotype
of the plant.
• It is important that each of the above steps is satisfied before an application
is filed. The inventor of a plant must have discovered or identified the novel
plant, and must have asexually reproduced the plant and observed the clones
so produced for a sufficient amount of time to have concluded that the clones
are identical to the parent plant in all characteristics. It would be
inappropriate to file an application before the second step of invention had
been completed.

29. LIMITATIONS PATENTS TO PLANTS
The plant patent must also satisfy the general requirements of patentability.
The subject matter of the application would be a plant which developed or
discovered by applicant, and which has been found stable by asexual
reproduction
That the plant was invented or discovered and, if discovered, that the
discovery was made in a cultivated area.
That the plant is not a plant which is excluded by statute, where the
part of the plant used for asexual reproduction is not a tuber food part,
as with potato or Jerusalem artichoke.
That the person or persons filing the application are those who
actually invented the claimed plant; i.e., discovered or developed and
identified or isolated the plant, and asexually reproduced the plant.
That the plant has not been sold or released in the country more than
one year prior to the date of the application

30. Application for a plant file considers under 35 U.S.C. 161 :
(b) Cross Reference to Related Applications (if any, unless included in an
application data sheet). the same plant filed when a parent application
has not been allowed to a sibling cultivar.
(a) Title of the Invention : The title of the invention may include an
introductory portion stating the name, citizenship, and residence of the
applicant.
(c)Statement regarding Federally-sponsored research and development
(if any).
(d)Latin name of the genus and species of the plant claimed.
(e)Variety denomination
This section should indicate the botanical name of the plant by genus
and species, and should state the market class of the plant

31. f) Background of the invention: This section must also include a positive statement that
the clones of the claimed plant are identical to the original plant in all distinguishing
characteristics so as to establish that the claimed plant is stable.
(g) Summary of the Invention
The major characteristics of the plant are set forth, and they may be presented as a list of
novel characteristics, or by a narrative description of the trait or traits of the plant which set
the plant apart from all other plants of the botanical class and the market class of plant.
(h) Brief Description of the Drawing
presented to describe the contents of each view or figure of the drawing. Drawings should be
photographic, and must be in color where coloration is a distinguishing characteristic.
(i)Detailed Botanical Description of the Plant.
The growth habit of the plant should be described as to the shape of the plant at maturity,
and branching habit. The characteristics of the plant in winter dormancy should be
completely described, if appropriate.
(j) Claim The claim may also make reference to one or more of the unusual characteristics
of the plant, but may not claim parts or products of the plant. The claim must be in single
sentence form.
(k) Abstract of the Disclosure

33. LIMITATIONS OF PATENT RIGHTS
1. Using a patented product which has been put on the market by the
owner of the product, or with permission to use it;
2. Where the act is done privately and on a non-commercial scale or for
a noncommercial purpose: Provided, that it does not significantly
partiality of the economic interests of the owner of the patent;
3. Where the act consists of making or using exclusively for the purpose
of experiments that relate to the subject matter of the patented
invention;
4. Where the act consists of the preparation for individual cases, in a
pharmacy or by a medical professional, of a medicine in accordance
with a medical prescription or acts concerning the medicine so
prepared; and
5. Where the Provided, that such invention is used exclusively for the
needs of the ship, vessel, aircraft, or land vehicle and not used for the
manufacturing of anything to be sold within the country.

34. CASE STUDIES

35. CASE STUDY 1
Turmeric Patent(Curcuma longa) Case, US Patent No. 54015041 in Context
of Intellectual Property Rights (IPR) ( Alyson Slack.,2004)
Turmeric is a tropical herb grown in East India, and the powdered product
made from the rhizomes of its flowers has several popular uses worldwide.
In the mid-1990s, this product became the subject of a patent dispute with important
ramifications for international trade law. A U.S. patent on turmeric was awarded to the
University of Mississippi Medical Center in 1995, specifically for the "use of turmeric
in wound healing." This patent also granted them the exclusive right to sell and
distribute turmeric.
Two years later, a complaint was filed by India's
Council of Scientific and Industrial Research, which
challenged the novelty of the University's "discovery,"
and the U.S. patent office investigated the validity of
this patent. In India, where turmeric has been used
medicinally for thousands of years, concerns grew
about the economically and socially damaging impact
of this legal "biopiracy."
The Issue

36. In 1997, the patent was revoked. But for two years the patent on turmeric had
stood, although the process was non-novel and had in fact been traditionally
practiced in India for thousands of years, as was eventually proven by ancient
Sanskrit writings that documented turmeric extensive and varied use
throughout India history.
Specific trade data is available for sales of turmeric from India to the United States. In
2003 , the customs value of this trade was USD$2,973,704 which was only 1,296,463
before decades
• U.S. Patent No. 5,401,504 was granted to Das et al.
• grant of patent outraged Indians
• This patent was challenged by way of re-examination at USPTO by CSIR
• By this claim it become cost and economic development on the volume of
India's spice trade and its turmeric exports to the United States into many
folds

37. CASE STUDY 1
Neem (Azadirachta indica) in Context of Intellectual Property Rights
(IPR) (Ompal Singh., Zakia Khanam., and Jamal Ahmad., 2011)
This case study express importance of Intellectual Property Rights with special
reference to neem products have been patented and some controversial patents
on neem.
Even though first report on pesticide property of neem was reported in India in 1928,
only after 30 years later systematic research work on neem was initiated and used
extensively Neem extracts can be used against over 250 pests including whiteflies,
aphids, mealybugs, mites, and termites
Because of it trade measures that are most relevant to the neem
tree case are IP and patents.
later, United States patents on neem tree products are seen as
forms of “biopiracy” by country of India, the Green Party and
the European Patent Office.

38. There are three main issues surrounding the patenting of local products used for
medicinal or agricultural purposes by the United States.
First, the farmers will no longer be able to use these products
without paying royalties to the company that has a patent on it.
Secondly, consumers will be deprived of cheap medicines and
agriculture products.
Last, local communities should receive a share of the profits because
the companies learned the value of the species from local knowledge.
The Issue

39. US has patented as
(1) US patent No. 4946681 – granted in 1990 for improving the storage stability of
neem seed extracts containing azadirachtin.
Azadirachtin occurs in all parts of the neem tree but the majority of it is concentrated in
the neem Kernal. It is one of more than 70 limonoids produced by neem). The inventor
is named as James F Walter of Ashton, Maryland.
(2) US patent No. 5124349 – granted in 1992 for storage of stable insecticidal
composition comprising neem seed extract.Four people are named as the inventors.
ISSUES: exploitation of invention contrary to state of art
An invention shall be considered to be new if it does not form part of the state of the art.
The state of the art shall be held to comprise everything made available to the public by
means of
a written or oral description,
by use,
or in any other way,
before the date of filing of the patent application.

40. Patent claims plant variety also
While this can be seen as a good sign for India, it still causes a problem
because of the Indian government’s reluctance to issue patents on agricultural
and pharmaceutical product.
Indian business owners argue that the lack of patents leads their technology
to move to the developed world. India feels that by letting foreign companies
control resources, they become more vulnerable to them. As a result, there
has been a backlash on foreign investment and less joint ventures between
India and United States.

41. CASE STUDY (3)
Patenting Indian medicinal plants and products.( J. Maheswari.,2011)
India possess rich heritage of valuable Fauna and hence has been considered as a
‘treasure house’ of valuable medicinal and aromatic plant species.
The country possess
16 Agro climatic zones,
45,000 diverse plant species out of which
15,000 are medicinal plants of which
500 species are mostly used in the preparation of drugs

42. .
Some of the well-known plants Kala Zeera, Amaltas, Indian Mustared, Karela,
Brinjal, Neem, Gudmar etc. have patents.
A number of the patents have been effectively contested by India. India is behind
the rest of the world in patents both quantitatively and qualitatively, even when
comparison is made with our neighbour China.
This case study is need to document the indigenous knowledge related to Indian
herbs and plants and their medicinal and other uses and convert it into easily
navigable computerize data base for easy access and to secure patenting rights;
to discourage other countries for patenting Indian heritage
Institutional support: In India, many government and
nongovernment organizations have had the focused attention on
improving the medicinal plants sector. Traditional Knowledge
Digital Bank (TKDL): The government of India has set up a
Traditional Knowledge & Digital Library (TKDL), namely, an
electronic database of traditional knowledge in the field of medicinal
plants. Such a database would enable the Patent Officers all over
them world to search and examine any prevalent use/prior art, and
thereby prevent incorrect grant of patent based on knowledge in
public domain, including knowledge associated with medicinal
plants.

43. This documentation which should be compiled as a National Bio-resource Register
will provide several functions. The first is that of a data bank for people seeking
access to information. This access should be made available for a fee accompanied
by the conditions governing the use of this information.

44. It is expected that India should aim to build a golden triangle between
traditional medicine, modern medicine, and modern science which will
be a bloom for developing the traditional herbal medicine and the
medicinal plants sector.

45. CASE STUDY (4)
IPR on Research Tools: Barriers to Innovation: Case Studies on Plant
Transformation Technologies (Carl E. Pray and Anwar Naseem.,2005)
Its find that patents were important in inducing private firms to develop these
platform technologies. Because of the patent system their development led to the
commercialization of more genetically modified (GM) varieties more rapidly.

47. Impact of Patents on Progress in Transformation Technology
continuous progress in transformation technology.
increased the efficiency of each technique,
extended the most efficient techniques to new plants,
developed some new techniques,
all of which have acted to reduce the cost of genetically transforming plants.
Impact of Patents on Research Investments and Innovation
Patents on transformation technologies were one of the reasons that
Japanese companies got out of biotech (K. Shimamoto, personal
communication, November 21, 2001). They had their own transformation
techniques (PEG mediated), but they needed the promoters and the
marker genes. They negotiated with Monsanto and others but could not
reach anything that they felt was a reasonable deal—they felt that no
matter how much they offered, Monsanto and other companies would
have refused.

48. By This indicates that these two platform technologies— plant transformation
techniques and structural genomics—required major investments in research by
the public sector to initiate their development and to continue to ensure that they
made progress. This study also indicates that private firms played a major role in
the development of these tools.
However These patents on the plant transformation techniques and the
sequencing equipment, chemicals, and software allowed to the universities or
government scientists who developed these techniques to interest venture
capital or large firms in financing startup companies and research to improve
these techniques.
The difficulty of getting access to the whole package of plant transformation
technology appears to have kept some firms from entering the plant genetic
engineering business.

49. CONCLUSION
The decision on whether patents on seeds, plants, animals are
allowable cannot be decided .There is a clear need to completely
reorganize the Patent office so that it can meet the needs of society in
future. At the same time there is an urgent need to make political
decisions on patents on seeds in the immediate future. The market
concentration is extremely high in several sectors, especially in seeds
for vegetables, maize and soybeans.. These developments are not only
a problem for specific sectors or regions, but can endanger
agrobiodiversity, ecosystems and our adaptability in food production
systems to challenges such as climate change.
However, it is not able to get any numbers to quantify either the
benefits or costs, so no firm conclusion is possible at present for
patenting by my side.

50. THANK YOU