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welcome
patent filing procedure
Dr. s. Madhuri Paradesi
Patent
Well, I have created a new thing
Now firstly what comes to mind is
How to protect my creation ?
Though i’ve heard of patent what it is exactly?
What is a patent ?
Whether I’ve any patent?
How to identify a potential patent
How to file a patent?
If you are thinking about all of these this is the best platform to learn.
Patent definition and introduction
 Patent
 Granted by whom?
 To whom?
 For what?
 When right is conferred?
 On what condition
 Patent is an exclusive right.
 By the sovereign of the state.
 To the owner of the invention.
 To make sale, use and manufacture.
 Upon the complete disclosure of invention.
 Provided the invention satisfies certain
criteria stipulated by law for a limited period.
Facts :patent is a repository of
vital information
almost as of now there are 100
million patents are there.
 Patent
 Rights – inventions.
 To prevent un authorised use of an
invention.
 Within a particular territory.
 Limited time.
 Restricted by earlier patents(eg:-
mobile) to use technology onre has
take permission of others although
patent is granted I am dependent on
earlier patent.
 Negative right (as it is excluding
others ).
In India rights will be granted by
the Indian patent office.
Territorial rights -(limited to india).
Before drafting a patent - go
trough search report if negative
then one can file a patent.
Life of a patent is of 20 years
(after 20 years it will expire)
Why limit?
Considering the welfare of the
society.
 How a single patent can provide competitive advantage to build an organization?
 An inventor is very passionate about his domain invents with a very unique technique.
 But unaware of importance of his invention in IP point of view.
 No potential ip identification and publication of the invention & if that invention is released
in the public domain trough news paper / trough any other medium.
 There comes to an end.
 generally the rule is that if the invention comes into public domain we cannot patent it.
 Whaere as in usa there exists first to file rule i.e; if the invention goes into the public
domain within 1 year it has to be filed.
Patentability criteria
How to identify whether one’s invention is patentable?
Patent searching
and analytics
Patent drafting
and prosecution Litigation
Area where patent
analysts dig out - related
patents - from huge no:of
patent documents –
analyse it - based on the
objective of the activity.
Area- patent attorney
/agent draft the patent
document & take care of
prosecution.
Here lawyers helps
the patent owners to
get their rights / to
enforce their rights.
Patent analytics process
Analysis may be presented in
Eg;-venn diagrams, technological trends, citation tree etc…
Raw data Patent analysts
Business
R&D
Informat
ion
 Creative thinking and
problem solving
 Prevent duplication of
research
 R&D business strategy
 Technology trends
 Prevent in
infringement
litigation
 Bridge the technology
gap
• Criteria for an invention to be capable of patenting
• (legal requirements).
•
• novelty
• Non
obviousness
• Industrial appilictaion
• An invention shall not
be considered new if it
forms part of a a prior
art.
• An invention involves an
inventive step if having regard
to the prior art, it is not
obvious to a aperson skilled in
art at the time of filing date or
priority date of appilication
claiming the invention.
•
• An invention that can be produced
and used in any industry shall be
industrially applicable .
 Novelty and non obviousness criteria is judge din the light of
the prior art.
 Prior art of a a patent application is publicly available
information in any form before the filing date of the patent
application. Prior art can be of two types.
 Patent prior art
 This includes all patent literature (patent applications,
granted patents and expired or discarded patents) published
anywhere in the world.
 Unpublished applications, which are not publicly available are
not considered prior art.
 Non patent prior art
 This includes any publicly available information, including
technical journals, websites, products, conferences etc..
 The information may exist inh freely available sources or in
commercial data bases.
What cannot be patented ?
• Frivolous
• For eg:- a medicine to make a human immortal or
a perpetual motion machine.
• An abstract theory or mathematical formula
• Eg:- the equation of relativity; newtons laws of
motion
• Anything available in nature
• Eg:- human genes
• Anything that goes against the laws of nature
public interest or morality
• Eg;-a deveice to assist burglars
• etc…….
Parts of the patent document
 Title
 Field of the invention
 Background
 Object of the invention
 Summary of the invention
 Drawings
 detailed description
 Claims
 Abstract
 Rules /guidelines
 Title: description of the invention
 As heading on first page of the
specification .
 500 charecters in length.
 Field of invention :-broad description of the area of the tech into which the patent falls
 Background of the invention : set forth the background of invention in 2 parts
 1. Field of the invention
 2. Description of the related art
 Object of the invention : aim of the invention highlights the technical problems associated
with the existing technology
 Summary of the invention : directed towards the invention and how it solves the problems
previously existent in the art.
 Drawings –venn diagrams, graphs, citataion trees a/c to the objective of the invention
 Detailed description : disclose the best method of performing invention (requires key
aspects not to be kept secret)
 Claims: define legal scope ,
 Must protect atleast an embodiment , claims must define technicalities and non commercial
advantages
 abstract : describe the invention in terms with the broadest claim
 150 words
Terminologies and codes used in patent document
Codes of an application.
Country code is the universal 2 letter.
Eg:- EP – Europe
CN – China.
US – United states etc..
WO – PCT international publication published by WIPO.
Document code :- A, B in order of application
Application
Granted patent
However codes may differ from country to country
For eg:- CN C – CN means Chinese patent system and C means granted patent
here.
These codes are applied a/c to widely accepted WIO standards
INID numbers (uniform in all patents).
Patent data base
1.Free
2.Paid
Check: www.ipindia.nic.in
We will get information about IP related
things here
• Go to comprehensive e filing
• Public search
• Patent search/patent e-register/
application status
• Published /granted
• Think of any key words & search we
will get data bases .
• Wipo data base (Patent scope)
• Every year millions of new patents re published around the world
• Searching all these documents is complex .
• considering this
• As Spanish developer creates a revolutionary mobile user interface and wants to patent it in the
USA but he is weak in English
• An Australia engineer wants to check the prior art in china but he cant read Chinese
• Here in order to solve this
• They use patent scope developed by WIPO
• Patent scope finds patents and published patents in over 50 countries
• It accurately translate them into 18 languages using AI
• It makes chemical search easy and available online for free
Patent types(USA)
We have none of
these in india
there are two types of patent in india
1. Product
2. Process
Types of patent applications filing in India
1. Ordinary.
2. Divisional.
3. Conventional.
4. International.
5. National phase.
6. Cognate.
7. Patent of addition.
Procedure for patent filing in India( explanation )
 filing application –provisional specification / complete specification
( this may be drafted by patent attorney /agent/himself).
He/she may file the specification in the respective patent office as per the jurisdiction.
 Applicant himself/herself can file in the patent office.
 He/she may take the help of patent agent/ attorney.
 On behalf of applicant others can submit document in the patent office.
 Document must be duly signed and cheque must be attatched with it(statutory fees).
 In india there are 4 patent offices every office has some jurisdiction.
 We can file it physically or trough online (www.ipindia.nic.in) if in c/o online there must be
digital sign of applicant.
 Requisit forms should be given.
 Publication
after 18 months patent will be published either it may(ps/cs).
What exactly is published ?
All bibiliographic information, abstract, no:of claims , no:of drawings.
Where it will be published?
Official gazette.
Where can we see – ip inida site( www.ipindia.nic.in )
Every Friday it will be updated.
If one wants to publish it before 18 months.
Statutory fee has to be paid.
Examination:
Request for examination in 48 months(time line) from prior date ( not automatic
applicant has to request).
 Applicant himself/herself can file in the patent office
 He/she may take the help of patent agent/ attorney.
 On behalf of applicant others can submit document in the patent office
 Document must be duly signed and cheque must be attatched with it(statutory fees).
 0(filed) - 18 months(published) - 48 months (for filing examination request)
 If applicant not followed the time lines he/she will lose patent & it will go to public
domain.
 As per work load of patent office the patent will be queued.
 It will be in queue for examination in due course and it will be allocated to the
examiner who is expert in that field.
Examiner do check the criteria that has to be followed
1. Novelty
2. Obviousness
3. Industrial application.
 He/she will also check a/c to other guidelines.
 Sec-3 of patent act guidelines.
 Sec-4 of patent act which is related to secrecy directions.
 And of earlier use of patented information (commercialisation).
 Clerical mistakes in the form.
 Drawings.
 All these will be noted.
 And then FER will be created.
FER: First Examination Report.
If wanted physically it will be dispatched trough postal order.
Applicant –should give reply to FER – within 6 months
Specified format will be there and then again have to file it trough
physical /online.
If examiner is satisfied with sufficient explanation of queries then examiner will accept the
invention.
If he/she want to know more about particular invention then the next step is hearing (
process where applicant physically clarify the queries in a detailed manner (can do it in
online also ).
As system is centralized FER can be given by any office . It is not necessary that to have it
from where we have filed.
After all there may exist three situations,
1.Patent (examiner-toally satisfied – cleared all queries-granted- proceed for
advertisement accordingly into gazette- go into publication.)
2.Patent  if there is any issue patent will not be granted.
3. Suppose if a patent document is with 10 claims,
Possibility is that if one can clarify 3 claims and are failed to clarify the remaining 7 claims
In this case examiner says that 3 claims will be accepted and remaining are not accepted (7
are not as paer guidelines-they will be rejected.)
This is called partial acceptance of patent.
Here one have to amend accordingly and resubmit patent application to examiner & then
review it & then he will accept it.
Finally it will be published in the official gazette.
Opposition system
In India it will be in 2 stages
Pre - grant
 Where patent not granted but
published.
 After published –till grant.
 Any one can file the opposition.
 If opposition dismissed patent will
be granted.
 If opposition upheld –no patent
granted.
Post grant
 Where the patent is already
granted.
 Opposition has to be raised with in
1 year.
 Where persons are skilled in that
particular art can file the
opposition.
 After 1 year no opposition.
Remedy : if any infringement occurs one may attract litigation.
One has to notify the person who is infringing.
If repeats /infringes after notifying him the law will comes into picture.
Thank you

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patent filing procedure - by Dr. S. Madhuri Paradesi

  • 2. Patent Well, I have created a new thing Now firstly what comes to mind is How to protect my creation ? Though i’ve heard of patent what it is exactly? What is a patent ? Whether I’ve any patent? How to identify a potential patent How to file a patent? If you are thinking about all of these this is the best platform to learn.
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  • 4. Patent definition and introduction  Patent  Granted by whom?  To whom?  For what?  When right is conferred?  On what condition  Patent is an exclusive right.  By the sovereign of the state.  To the owner of the invention.  To make sale, use and manufacture.  Upon the complete disclosure of invention.  Provided the invention satisfies certain criteria stipulated by law for a limited period.
  • 5. Facts :patent is a repository of vital information almost as of now there are 100 million patents are there.  Patent  Rights – inventions.  To prevent un authorised use of an invention.  Within a particular territory.  Limited time.  Restricted by earlier patents(eg:- mobile) to use technology onre has take permission of others although patent is granted I am dependent on earlier patent.  Negative right (as it is excluding others ). In India rights will be granted by the Indian patent office. Territorial rights -(limited to india). Before drafting a patent - go trough search report if negative then one can file a patent. Life of a patent is of 20 years (after 20 years it will expire) Why limit? Considering the welfare of the society.
  • 6.  How a single patent can provide competitive advantage to build an organization?  An inventor is very passionate about his domain invents with a very unique technique.  But unaware of importance of his invention in IP point of view.  No potential ip identification and publication of the invention & if that invention is released in the public domain trough news paper / trough any other medium.  There comes to an end.  generally the rule is that if the invention comes into public domain we cannot patent it.  Whaere as in usa there exists first to file rule i.e; if the invention goes into the public domain within 1 year it has to be filed.
  • 7. Patentability criteria How to identify whether one’s invention is patentable? Patent searching and analytics Patent drafting and prosecution Litigation Area where patent analysts dig out - related patents - from huge no:of patent documents – analyse it - based on the objective of the activity. Area- patent attorney /agent draft the patent document & take care of prosecution. Here lawyers helps the patent owners to get their rights / to enforce their rights.
  • 8. Patent analytics process Analysis may be presented in Eg;-venn diagrams, technological trends, citation tree etc… Raw data Patent analysts Business R&D Informat ion  Creative thinking and problem solving  Prevent duplication of research  R&D business strategy  Technology trends  Prevent in infringement litigation  Bridge the technology gap
  • 9. • Criteria for an invention to be capable of patenting • (legal requirements). • • novelty • Non obviousness • Industrial appilictaion • An invention shall not be considered new if it forms part of a a prior art. • An invention involves an inventive step if having regard to the prior art, it is not obvious to a aperson skilled in art at the time of filing date or priority date of appilication claiming the invention. • • An invention that can be produced and used in any industry shall be industrially applicable .
  • 10.  Novelty and non obviousness criteria is judge din the light of the prior art.  Prior art of a a patent application is publicly available information in any form before the filing date of the patent application. Prior art can be of two types.  Patent prior art  This includes all patent literature (patent applications, granted patents and expired or discarded patents) published anywhere in the world.  Unpublished applications, which are not publicly available are not considered prior art.  Non patent prior art  This includes any publicly available information, including technical journals, websites, products, conferences etc..  The information may exist inh freely available sources or in commercial data bases.
  • 11. What cannot be patented ? • Frivolous • For eg:- a medicine to make a human immortal or a perpetual motion machine. • An abstract theory or mathematical formula • Eg:- the equation of relativity; newtons laws of motion • Anything available in nature • Eg:- human genes • Anything that goes against the laws of nature public interest or morality • Eg;-a deveice to assist burglars • etc…….
  • 12. Parts of the patent document  Title  Field of the invention  Background  Object of the invention  Summary of the invention  Drawings  detailed description  Claims  Abstract  Rules /guidelines  Title: description of the invention  As heading on first page of the specification .  500 charecters in length.
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  • 14.  Field of invention :-broad description of the area of the tech into which the patent falls  Background of the invention : set forth the background of invention in 2 parts  1. Field of the invention  2. Description of the related art  Object of the invention : aim of the invention highlights the technical problems associated with the existing technology  Summary of the invention : directed towards the invention and how it solves the problems previously existent in the art.  Drawings –venn diagrams, graphs, citataion trees a/c to the objective of the invention  Detailed description : disclose the best method of performing invention (requires key aspects not to be kept secret)  Claims: define legal scope ,  Must protect atleast an embodiment , claims must define technicalities and non commercial advantages  abstract : describe the invention in terms with the broadest claim  150 words
  • 15. Terminologies and codes used in patent document Codes of an application. Country code is the universal 2 letter. Eg:- EP – Europe CN – China. US – United states etc.. WO – PCT international publication published by WIPO. Document code :- A, B in order of application Application Granted patent However codes may differ from country to country For eg:- CN C – CN means Chinese patent system and C means granted patent here. These codes are applied a/c to widely accepted WIO standards INID numbers (uniform in all patents).
  • 16. Patent data base 1.Free 2.Paid Check: www.ipindia.nic.in We will get information about IP related things here • Go to comprehensive e filing • Public search • Patent search/patent e-register/ application status • Published /granted • Think of any key words & search we will get data bases .
  • 17. • Wipo data base (Patent scope) • Every year millions of new patents re published around the world • Searching all these documents is complex . • considering this • As Spanish developer creates a revolutionary mobile user interface and wants to patent it in the USA but he is weak in English • An Australia engineer wants to check the prior art in china but he cant read Chinese • Here in order to solve this • They use patent scope developed by WIPO • Patent scope finds patents and published patents in over 50 countries • It accurately translate them into 18 languages using AI • It makes chemical search easy and available online for free
  • 18. Patent types(USA) We have none of these in india there are two types of patent in india 1. Product 2. Process Types of patent applications filing in India 1. Ordinary. 2. Divisional. 3. Conventional. 4. International. 5. National phase. 6. Cognate. 7. Patent of addition.
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  • 21. Procedure for patent filing in India( explanation )  filing application –provisional specification / complete specification ( this may be drafted by patent attorney /agent/himself). He/she may file the specification in the respective patent office as per the jurisdiction.  Applicant himself/herself can file in the patent office.  He/she may take the help of patent agent/ attorney.  On behalf of applicant others can submit document in the patent office.  Document must be duly signed and cheque must be attatched with it(statutory fees).  In india there are 4 patent offices every office has some jurisdiction.  We can file it physically or trough online (www.ipindia.nic.in) if in c/o online there must be digital sign of applicant.  Requisit forms should be given.  Publication after 18 months patent will be published either it may(ps/cs). What exactly is published ? All bibiliographic information, abstract, no:of claims , no:of drawings. Where it will be published? Official gazette. Where can we see – ip inida site( www.ipindia.nic.in ) Every Friday it will be updated.
  • 22. If one wants to publish it before 18 months. Statutory fee has to be paid. Examination: Request for examination in 48 months(time line) from prior date ( not automatic applicant has to request).  Applicant himself/herself can file in the patent office  He/she may take the help of patent agent/ attorney.  On behalf of applicant others can submit document in the patent office  Document must be duly signed and cheque must be attatched with it(statutory fees).  0(filed) - 18 months(published) - 48 months (for filing examination request)  If applicant not followed the time lines he/she will lose patent & it will go to public domain.  As per work load of patent office the patent will be queued.  It will be in queue for examination in due course and it will be allocated to the examiner who is expert in that field.
  • 23. Examiner do check the criteria that has to be followed 1. Novelty 2. Obviousness 3. Industrial application.  He/she will also check a/c to other guidelines.  Sec-3 of patent act guidelines.  Sec-4 of patent act which is related to secrecy directions.  And of earlier use of patented information (commercialisation).  Clerical mistakes in the form.  Drawings.  All these will be noted.  And then FER will be created. FER: First Examination Report. If wanted physically it will be dispatched trough postal order. Applicant –should give reply to FER – within 6 months Specified format will be there and then again have to file it trough physical /online.
  • 24. If examiner is satisfied with sufficient explanation of queries then examiner will accept the invention. If he/she want to know more about particular invention then the next step is hearing ( process where applicant physically clarify the queries in a detailed manner (can do it in online also ). As system is centralized FER can be given by any office . It is not necessary that to have it from where we have filed. After all there may exist three situations, 1.Patent (examiner-toally satisfied – cleared all queries-granted- proceed for advertisement accordingly into gazette- go into publication.) 2.Patent  if there is any issue patent will not be granted. 3. Suppose if a patent document is with 10 claims, Possibility is that if one can clarify 3 claims and are failed to clarify the remaining 7 claims In this case examiner says that 3 claims will be accepted and remaining are not accepted (7 are not as paer guidelines-they will be rejected.) This is called partial acceptance of patent. Here one have to amend accordingly and resubmit patent application to examiner & then review it & then he will accept it. Finally it will be published in the official gazette.
  • 25. Opposition system In India it will be in 2 stages Pre - grant  Where patent not granted but published.  After published –till grant.  Any one can file the opposition.  If opposition dismissed patent will be granted.  If opposition upheld –no patent granted. Post grant  Where the patent is already granted.  Opposition has to be raised with in 1 year.  Where persons are skilled in that particular art can file the opposition.  After 1 year no opposition. Remedy : if any infringement occurs one may attract litigation. One has to notify the person who is infringing. If repeats /infringes after notifying him the law will comes into picture.