Patent

INDIAN PATENT

PRESENTED BY
MANOJ KUMAR
AMITY UNIVERSITY

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Page 1

CONTENT
• INTRODUCTION
• OBJECTIVE
• CHARACTERISTICS OF PATENT
• SOURCES OF PATENT INFORMATION
• METHODS OF SEARCHING PATENT
• NOT PATENTABLE MATTERS
• PROCEDURE FOR OBTAINING PATENT
• COPY RIGHT
• TRADEMARKS
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INTRODUCTION
• Patent is an exclusive right given by a
country to the owner of an invention to
make, use, manufacturing and market the
invention. provided the invention satisfied.
• Exclusive right implies that no one else can
make, use, manufacture or market the
invention without the consent of the patent
holder.

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• Patents are granted by a government for a novel
invention for a limited period of time. The patent
gives the inventor exclusive rights to the
invention and prevents others from making,
using or selling the invention without the
permission of the inventor.
• The law relating to patents in India is governed
by Indian Patents Act, 1970 as amended by
Patents (Amendment) Act, 1999 and Patents
(Amendment) Act, 2002,which came into force
with effect from May 2, 2003. In our discussion,
we will refer to this act as the Indian Patents
Act (IPA).
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OBJECTIVE
• To provide protection of creativity of
creators.
• To promotes the creativity of new creators.
• To accelerate the technological and
industrial development of the countries.
• To provide the exclusive right to invention
and affords protection against unauthorized
use of invention by third parties.
• Understand the meaning of specifications.

Page 5

CHARACTERISTICS OF PATENT
1- Invention must be “NEW”-Invention
must never have been made public in
anyway, anywhere before the date on
which the application for a patent is filled.
2-An invention must involved an
“Invention Steps”- The invention must be
non-obvious to person skilled in that
particular art, ie, it must not follow plainly
or logically from what is already known.

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3- Invention must be having “Industrial
Application”- For the patentable , the
invention has to be capable of industrial
application.
• It can be used in an industry.
• It may include any useful , practical
activity as district from purely intellectual
or aesthetic activity.
4- Invention must not be excluded.

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NOT PATENTABLE MATTERS
• An invention, whose use could be contrary
to the public order or morality or which
causes serious prejudice to human, animal
or plant life or health or to the environment.
For example, a new type of gambling
machine.
• Inventions relating to atomic energy
because the Central Government has the
sole responsibility for the development of
atomic energy.

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• Discovery of any living thing or non-living
substances or objects occurring in nature.
• A substance obtained by a mere admixture
of the components, or a process of
producing such mixture.
• Mere arrangement or rearrangement or
duplication of known devices.
• An invention which in effect is traditional
knowledge.
• A mathematical or business method or a
computer programme.

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• A method of agriculture or horticulture.
• Any process for the medicinal, surgical,
curative, prophylactic, diagnostic,
therapeutic or other treatment of human
beings and animals.
• Plants and animals in whole or part thereof
other than micro-organisms.
• Seeds and biological processes for
production of plants and animals.
• A literary dramatic, musical or artistic work
including cinematographic work and
television productions.

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PROCEDURE FOR OBTAINING
PATENT
Who can Apply for Patent?
An application for a patent for an invention
may be made by a person• Who claiming to be the true and first inventor
of the invention or his assignee,
• by the legal representative of any deceased
person who immediately before his death was
entitled to make such an application

Page 11

FILLING OF AN APPLICATION
FORM
• There is only one application filed for one
invention.
• This must be done in a prescribed form along
with the prescribed fees in the appropriate
patent office.
• It should be accompanied by a provisional or a
complete specification


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• If the application is filed by the assignee, it
must be accompanied with the proof of the
right to make the application.
• the form of application for grant of an
Indian patent asks for
(i)full name, address, nationality of the
applicant(s) and inventor(s),
(ii) patent specifications, and
(iii)whether an application has been made or
patent granted in a PCT or


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• a convention country, which affords to
citizens of India, or applicants for patents in
India.
• Every such application (not being a
convention application or an application filed
under the Patent Cooperation Treaty
designating India) shall be accompanied by a
provisional or a complete specification.


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Filing of Provisional and Complete
Specification• A specification is an accurate description of
the patent stating how the invention can be
carried out by the method best known to the
applicant. The specification ends with a
claim or claims defining the scope of the
invention for which protection is claimed.


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• Every application must be accompanied by a
provisional or a complete specification.
• It is possible to file the application with
provisional specifications. But it is necessary
to file the complete specifications within one
year of filing the original patent application.
• The twelve months limit can be extended to
15 months if an application is made to the
Controller with such request and the
prescribed fee is paid.


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The specification must contain the following:• Title, sufficiently indicating the subject-matter.
• Relevant drawings.
• Full and particular description of the invention.
• Details of its operation or use and the method by
which it is to be performed.
• Disclosure of the best method of performing the
invention.
• Claims defining the scope of the invention
substantiated by the disclosure.
• Abstract providing technical information on the
invention.
• Declaration as to the inventor ship of the
invention.

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Publication of the Application• Normally every patent application is published after 18
months of filing the application and objections are
invited.
• The patent application shall not be open to the public
for eighteen months after the date of filing, or date of
priority, whichever is earlier.
• The Controller may issue direction to prohibit or
restrict such publication.
• In the case of secrecy direction, the application will be
published when the secrecy directions cease to operate.
• The publication will include the particulars of the date
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address of the applicant and an abstract.
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Examination of the Application• Examination is taken up only if the applicant or any
other interested person makes a request in the prescribed
manner for such examination within 48 months from the
date of filing of the patent application.
• If such request is not made within the prescribed time,
the patent application is treated as withdrawn.
• When the patent application is in respect of an invention
for a chemical substance used as an intermediate in the
preparation of a medicine or drug including insecticides
etc used for protection or preservation of plants, the
request for examination has to be made within a period
of 12 months.
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•Foror within 48Templates
whichever is later.
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Acceptance and Advertisement of Complete
Specifications• Once the complete specification is accepted,
Controller notifies it to the applicant and also
advertises it in the Official Gazette.
• From the date of advertisement of the acceptance
of the complete specification and until the date of
sealing of the patent, the applicant will have the
like privileges and rights as if a patent for the
invention had been sealed on the date of
advertisement.

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Opposition to the Grant of Patent• Any person interested in opposing the grant of patent
may give notice to the Controller of such opposition
within 4 months from the date of advertisement of the
acceptance on the grounds like:1. the invention was wrongfully obtained by the
inventor/applicant.
2. the invention, as claimed in any claim of the
complete specification has been anticipated in a
specification filed for another patent earlier.


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3- The invention as claimed in any claim was
publicly known/used in India before the
priority date of the claim.
4- The subject of the patent is not an invention,
within the meaning of the Act.
5- The information furnished is false.
6- Geographical origin of biological material is
not disclosed or falsely disclosed.


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Grant and Sealing of Patent• Where the application for a patent along with
complete specification has been accepted
either without opposition.
• after the opposition, a patent shall be granted
if the applicant makes a request in the
prescribed manner for a grant of patent.
• The request has to be made within six months
from the date of advertisement of the
acceptance of the complete specification.
• The patent so granted shall be sealed with the
seal of the patent office and the date of
For sealing of patent shall be entered in the
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register.

Page 23

TRANSFER OF PATENT
• A patent is an exclusive property of the inventor and
hence can be transferred from the original patentee to
any other person by assignment, grant of license, or
operation of law.
• The IPA requires that an assignment, license or a
creation of any other interest in a patent must be in
writing, clearly specifying all the terms and
conditions governing the rights and obligations of
the parties.
• This document must be registered in the prescribed
manner within the prescribed time.
here download this
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getting
For
apply in writing to the Controller for the registration

Page 24

Flow diagram of patent
Filling of application
form

Filing of complete
specifications, if not done
already (within 12 months of
application)

Publication of
application (after 18
months from
application date)
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Examination of
application on
request
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Count……

Page 25

Acceptance and advertisement of
complete specifications
Y

Opposition

N

Scrutiny

Y
Grant
N
Grant and sealing

of patent

Reject
Page 26

SOURCES OF PATENT
INFORMATION
• The patent information provide the vital
resources of information to companies and
research institutes across the world.

USE OF PATENT INORMATION• Current awareness-Source of patent
information provide the up-dated information.
• Avoiding duplication effort and
infringement-Searching worldwide patents
literature should always be done at the start of
any download effort to avoids wasteful
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Page 27

And costly duplication.
• Licensing opportunity-Even if an invention
is still protected by an patent ,it may be
possible to negotiate a license for its
manufacture or importation.
• Inspiration-It developed the new ideas,
particularly as it often possible to find the
same concept being used in unrelated
industries.


Page 28

SOURCE OF PATENT INFORMATION
• Patent information is made available to the public
through a variety of databases. Each databases has
complete coverage of all patent document ever
published worldwide.
• WIPO- Offer free online access to all international
patents. (www.wipo.int.)
• Patent Search Services(http://patent scope.wipo.int)
• Google patents
• SciFinder Scholar
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Patent Offices
• British Library

Page 29

Method of search of patent information• The effective searching of patent document and
other source of technology information requires
a solid knowledge of the technical field. The
following search criteria are use for the
searching the information by using--1. Key words
2. Patent classification
3. Dates (priority date, application date,
publication date, grant date.)
4- Name of applicant
5-Patent reference or identification no.(application
no. ,publication no. , patent no.)
Page 30

COPYRIGHTS
• Copyrights is a right which is available for
creating an original literary or dramatic or
musical or artistic work.
• Cinematographic film and recording on disc ,
tapes, or other devices are covered by
copyrights.
• Computer programmed and software are
covered under literary works and protected in
India under copyrights.

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• The copyright act-1957 as amended in
1986,1984,1992,1994 and 1999,govern the
copyright protection in india.
• The protection for literary works is from the
author’s life plus sixty years.
Coverage area of copyrights• Literary, dramatic and musical work,
computer programmed ,software .
• Artistic work
• Cinematographic films which include sound
track and video film
• Recording on any disc, tape.
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Transfer of copyrights
• The owner of copyrights may assign to any
person as prospective owner in a future work.
Either wholly or partially in following
manner---1. For the entire world or a specific country
2. For the full term of copyright or part.
3. For relative to all the rights compromised the
copyright or only part of such right.


Page 33

TRADEMARKS
• Any sign, or any combination of signs, capable
of distinguishing the goods or services of one
undertaking from those of other undertakings,
shall be capable of constituting a trademark.
• Such signs, in particular words including
personal names, letters, numerals, figurative
elements and combinations of colours as well as
any combination of such signs, shall be eligible
for registration as trademarks.


Page 34

Signs which May Serve as
Trademarks
• Words:- This category includes company
names, surnames, forenames, geographical
names and any other words or sets of words,
whether invented or not, and slogans.
• Letters and Numerals:- Examples are one or
more letters, one or more numerals or any
combination thereof.


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• Devices:- This category includes fancy devices,
drawings and symbols and also two dimensional
representations of goods or containers.
• Combinations of any of those listed above,
including logotypes and labels.
• Colored Marks:- This category includes
words, devices and any combinations thereof in
color, as well as color combinations and color
as such.
• Three-Dimensional Signs:- A typical category
of three-dimensional signs is the shape of the
goods or their packaging. However, other threeClickdimensional signs such as the three-pointed
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Mercedes star can serve as a trademark.

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• Audible Signs (Sound Marks):- Two typical
categories of sound marks can be
distinguished, namely those that can be
transcribed in musical notes or other symbols
and others (e.g. the cry of an animal).
• Olfactory Marks (Smell Marks):- Imagine
that a company sells its goods (e.g. writing
paper) with a certain fragrance and the
consumer becomes accustomed to recognizing
the goods by their smell.
• Other (Invisible) Signs:- Examples of these
are signs recognized by touch

Page 37

Trademark Registration
• Applications for registration of a trademark
are to be filed with the competent
government authority.
• The authority is called as “Industrial Property
Office” or “Patent and Trademark Office” or
“Trademark Office.”
• The application form has to be completed
with the name and address of the applicant.


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• The sign filed for registration must appear in
the application form or in an annex to it. If it
is intended that the sign should be registered
in color, the colors must be claimed and a
specimen in color or the description of the
color(s) must be submitted.
• If a three-dimensional sign is filed for
registration, it is necessary to claim protection
of the sign in its three-dimensional form.
• The applicant has also to list the goods for
which the sign is to be registered.
• Finally, one or more lots of fees have to be
paid for the registration of a trademark.

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• A country may provide for a single, allembracing fee or several (application fee, class
fee, examination fee, registration fee, etc.).
Examination as to Form• Countries generally accept an application for
registration of a trademark only if the formal
requirements are fulfilled.
• Most countries examine trademark
applications as to substance in the interest of
both the public and competitors.

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Date of Registration
• If the application leads to registration, the
office issues a certificate to the owner. The
owner’s exclusive right exists from the date of
registration.

Duration and Renewal• Since trademarks do not grant an exclusive
right that could be exploited, there is no need
to limit their validity.
• For administrative reasons, a time limit is
generally provided for in trademark laws, but
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here to possible to renew registrations when the
time limit expires.
Page 41

Removal of the Trademark from the Register• The cancellation of a trademark registration is a
serious matter for its owner, as it leads to a loss
of his rights under the registration.
• Nevertheless, there are a number of grounds on
which a trademark can be removed from the
register.


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