The document provides an overview of the patent filing process in India. It discusses the types of patent applications that can be filed, including ordinary, convention, patent of addition, and divisional applications. The key stages of the patent process are described, including filing, publication, examination, opposition, and grant. Requirements for documents, fees, and timelines at different stages of the process are also outlined.
Patent and its types, rights and responsibilities of patentee, filing patent applications, patent application forms and guidelines, types of patent applications.
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
Patent and its types, rights and responsibilities of patentee, filing patent applications, patent application forms and guidelines, types of patent applications.
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
IPFlair provides the best patent consultant in India with the online patent filing process. So get patented today with IPFlair and boost up your business strategy.
IPFlair provides the best patent consultant in India with the online patent filing process. So get patented today with IPFlair and boost up your business strategy.
Indian Patent Act 1970 : This presentation includes definition of Patent, approval process, expiry and withdrawal, its renewal procedure, penalties and various brief topics with explanation of Indian patent act 1970 and its amendments thereafter.
Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application.
a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization.
3. In support of the current legislation, the patent holder can thereby defend his patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company to charge more.
d) With exclusive patent rights, the inventor has long-term control over how the innovation is used.
e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing.
TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment.
COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.
Patents
Patent is an exclusive ownership right granted by a country to the owner of an invention for a limited period of time, provided the invention satisfies certain conditions stipulated in the law.
Letters Patent (a kind of certificate) name of an instrument granted by the government to convey a right to the patentee. It is issued to the owner of the invention by the patent office of the country conferring this right.
Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder.
A patent in the law is a property right and hence, it can be gifted, inherited, assigned, sold or licensed. The right is conferred by the State and it can be revoked by the state under very special circumstances for the benefit of public even if the patent has been sold or licensed or manufactured or marketed in the mean time. The patent right is territorial in nature i.e., a patent granted in India can only be enforced in India.
Disclosure of an invention is a legal requirement for obtaining a patent. The patentee must disclose the invention in a patent document for people to practice it after the expiry of the term of patent or after the patent has lapsed due to nonpayment of maintenance fee or practice it with the consent of the patent holder during the life of the patent.
Patent system in India
1856: The first legislation in India relating to patents was the Act VI of 1856. The objective of this legislation was to encourage inventions of new and useful manufactures and to induce inventors to disclose secret of their inventions.
1859: Fresh legislation for granting ‘exclusive privileges’ was introduced as Act XV of 1859. This legislation contained certain modifications of the earlier legislation. This Act excluded importers from the definition of inventor.
1872: “The Patents and Designs Protection Act” was enacted.
1883: The protection of invention was created
1888: The Act was consolidated as the Inventions and Design Act
1911: The Indian Patents and Designs Act was created
1972: The Patents Act, 1970 came into force on 20th April, 1972. Later amended in 1999, 2002,
2005, 2006, 2012, 2014 and 2016.
Meaning and definition of intellectual property.
Types of intellectual property,
Patent act of 1970 and amendments (as per WTO agreement)
Background, Object, Definition
Inventions, patentee, true and first inventor,
Procedure for grant of process and product patents,
Right to patentee, infringement, remedies
Training Session: 1 Indian Patent Process: Study of FormsBananaIP Counsels
Training Session: 1 Indian Patent Process: Study of Forms
Contact Us for Intellectual Property Services
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Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
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NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
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The slides was well structured along with the highlighted points for better understanding .
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
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5. Governing Laws in India for IPR as follows
1. Patent Act 1970
2. Trade Marks Act 1999
3. Copyright Act 1957
4. Design Act 2000
5. Geographical Indication of Goods (Registration and Protection)
Act 1999
6. Plant Variety and Farmers Right Protection Act 2001
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6. What is Patent ?
A Patent is an intellectual property right relating to
inventions and is the grant of exclusive right, for limited period,
provided by the Government to the patentee, in exchange of full
disclosure of his invention, for excluding others, from making,
using, selling, importing the patented product or process
producing that product for those purposes.
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7. Essentials of Patent
Patents granted for an invention
INVENTION means a product or process which is -
– New (Novel)
– Involving Inventive Step (Non-obvious)
– Utility
Capable of Industrial Application
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8. Patent Administration in India
A patent application can be filed at any of the four patent offices
in India.
Four branches:
Kolkata (Head office)
Mumbai
Delhi
Chennai
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9. Who can file Patent Application in India…?
Either alone or jointly:
By any person claiming to be true and first inventor(s).
By any person being the assignee of person claiming to be true
and first inventor(s).
By the legal representative of any deceased person who can
immediately after his death is entitled to make such application.
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11. The patent application passes through the following
stages
A. Filing
B. Publication
C. Examination
D. Opposition
E. Grant
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12. Patent Grant Procedure
Filing of patent application
Early Publication Publication after 18 months
Pre Grant Opposition
Request for examination
Examination: Grant or Refusal
Publication of Grant of patent
Post Grant Opposition to grant of patent
Decision By Controller
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13. Filing of the Patent Application
Application for patent can be filed only on the payment of full fee.
Filing fee is charged on the basis of number of pages and number
of claims made in the patent document.
No extra fee is charged up to 30 pages and 10 claims.
Power of attorney-if applicable.
Application, Specification and other documents should be either
in Hindi or English language.
If application discloses sequence listing of nucleotides and/or
amino acids, it should be filed in electronic form.
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14. No. Action Limits, conditions and
timelines
Official Fees
Individual Legal entity
1. Filing of patent application
along with provisional/
complete specification
For maximum number of
pages 30 and maximum
number of claims 10
Rs. 1,000/- Rs. 4,000/-
For each additional sheet Rs. 100/- Rs. 400/-
For each additional claim Rs. 200/- Rs. 800/-
2. Request for examination of
patent
Rs. 2,500/- Rs. 10,000/-
3. Request for early
publication
Rs. 2,500/- Rs. 10,000/-
4. Renewal fee (every year) 2nd
year to 6th
year Rs. 500/- Rs. 2,000/-
7th
year to 10th
year Rs. 1,500/- Rs. 6,000/-
11th
year to 15th
year Rs. 3,000/- Rs. 12,000/-
16th
year to 20th
year Rs. 5,000/- Rs. 20,000/-
Some imp. fees for filing a patent application in India
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16. Requirements for documents
All documents & copies of document, except affidavits &
drawings sent to the patent office or otherwise furnished to the
Controller shall be written, typewritten or printed in English
language (unless otherwise directed or allowed by the controller)
in legible character size, with lines widely spaced upon one side
only on strong white paper.
The size of paper should be A4 size with a margin of 4cm on the
top and 3cm on the bottom and right hand part thereof.
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17. Publication of Patent Application
Every application shall be published after expiry of 18 months
from the date of filing or date of priority of the application except
the following,
– Application in which secrecy direction is imposed or
– Has been withdrawn before 3 months prior to expiry of 18
months.
However the applicant can make request for early publication
prior to 18 months on form 9 with prescribed fee of Rs.2500 or
Rs.10000 by individual or legal entity respectively.
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18. Filing of Request For Examination
A request for examination can be filed in form 19 only within 48
months from the priority date or filing date whichever is earlier.
Grant of patent
A patent will be granted to the applicant if -
– The applicant has complied with the objections within the
prescribed time.
– No pre-grant opposition by representation is filed.
– If filed, disposed of in favour of the applicant within the
prescribed time.
Patent will be granted and sealed with seal of office and notified
in the official journal .
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20. No. Provisional Specification
(P.S.)
Complete Specification
(C.S.)
1 Should be filed as soon as
inventive idea comes in mind
Necessary to get a patent
2 Should describe the nature of
invention & contain the
description of essential
features of the invention
Should describe the nature of
invention and the details of
the manner in which it is to
be performed
3 No need to include claims Must have claims
20
Types of Specifications
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21. Content of Provisional Specification
Title
Written description
Drawings, if necessary
Sample or model if required.
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22. Advantages of Provisional Specification
Priority for invention
Get extra time for further developments
Disclose to interested person to obtain financial support
Explore commercial feasibility
Avoid further expenses if no commercial feasibility
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23. Content of Complete Specification
Title of the invention
Field & background of the invention
Use of the invention
Prior art in the said field of invention & its drawback(s)
Comparison between prior art & present invention
Object (aim) of the present invention
Summary of the present invention
Statement of the invention
Detailed description of the invention w.r.t. drawings, if any
Working examples for best method of the invention
Claims for legal monopoly
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24. Offences and Penalties
No. Offences Penalties
1. Contravention of provision relating to
certain inventions.
Imprisonment upto 2 years, or fine, or
both.
2. Falsification of entries on register etc. Imprisonment upto 2 years, or fine, or
both
3. Unauthorized claim of patent rights. Fine upto Rs. 500/-
4. Wrongful use of words “patent office” Imprisonment upto 6 months, or fine, or
both.
5. Failure to supply information to the
Central Government or the Controller.
Fine upto Rs. 1,000/-
6. Supply of false or untrue information. Imprisonment upto 6 months, or fine, or
both.
7. Practice by non-registered patent
agents.
First offence-fine upto Rs. 500/- second
or subsequent offence fine upto Rs.
2,000/-
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25. References
Books
1. Dr. B. S. Kuchekar, Mr. A. M. Khadatare, Mr. Sachin Itkar, by
“Forensic Pharmacy”, (7th
Ed.) Nirali publication, Pune, 2007,
16.1-16.8.
2. N.K. Jain, “Text Book of Forensic Pharmacy”, (6th
Ed.) ,Vallabh
Prakashan Delhi, 2003, 302-312.
3. N R Subbaram “What Everyone Should Know About Patents”,
Pharma Book Syndicate, (2nd
Ed.), Hyderabad .
4. Philip W. Grubb “Patent for Chemicals, Pharmaceuticals and
Biotechnology” Oxford University Press, 4th
edition. 2504/28/16 Sagar Kishor Savale
26. Web references
1. www.indianpatents.org.in
2. www.tifac.org.in
3. www.elsevier.com (TRIPs and patenting activity: Evidence from
the Indian Pharmaceutical Industry, Alka Chadha. Department of
Economics, National University of Singapore, 1 Arts Link,
117570, Singapore.)
4. www.ipindia.nic.in
5. www.sciencedirect.com
6. www.google.com
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