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Patents
- 1. • Submitted to:- • Dr.Mamta Arora • Submitted by :- • Ramandeep Kaur • Msc(biotechnology)2nd year • 4001 Patents
- 2. Contents • Introduction • PatentabilityCriteria • Prior art • Types of Patent Applications • Patent Specification • Patent Claims
- 3. Intellectual Property •Intellectual propertyrefers to creation of the mind,such as inventions;literary and artistic works;designs and symbols ,names and images used in commerce.
- 4. Intellectual Property Rights •Intellectualproperty rights allow the originator of certain ideas,invention and expressions to exclude others from using those ideas,inventions without permission.
- 5. Types Of IntellectualProperty Rights • Patents • Copyright • Trademark • Industrial design • Layout designs • Geographical indications • Tradesecrets
- 6. What is apatent ? •Patent is an exclusive right given by the government to the inventor for his invention and for the limited period of time to protect it from others ,so that they cannot use,make or sell it without the permission of inventor.
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- 8. Patentability Criteria • Testof novelty:- It means the subject should be new. • Test of utility:- It means it should be useful. • It should be capable of industrial applications. • Non- obvious:- The invention should be non obvious. Test of marketability:- It means that the subject matter should have commercial purpose i.e. It should be saleable.
- 9. Prior Art • Priorart is an evidence that your invention is already known. It is enough that someone,somewhere,sometime previously has described or shown or made something that contains a use of technology that is very similar to your invention. A prehistoric cave painting can be prior art.A piece of technology that is centuries old can be a .prior art
- 10. Types of PatentApplications • Provisional Application • Ordinary Application • Convention Application • PCT International Application • PCT National Phase Application • Patent Of Addition • Divisional Application
- 11. • Provisional Application:-It is also temporary application,is filed when an invention is under experimentation and is not finalized.In technical term the early filling of an invention will prevent the occurence of any other related invention from being designated as prior art to the inventor’s application. • Ordinary or Non-Provisional Application:- This type of application is filed if the applicant does not have any priority to claim or if the application is not filed in pursuance of any preceding convention application.It must be supported by a complete specification , the likes of which must depict the invention in detail.
- 12. Convention Application:- Aconvention application is filed for claiming a priority date based on the same or substantially similer application filed in any of convention countries.To avail a status of convention,an applicant is required to file an application in Indian Patent Office within a year from the date of initial filing of a similar application in the convention country.
- 13. • PCT InternationalApplication:- • It is an international application.It is governed by Patent Corporation Treaty and can be validated in upto 142 countries.Filling this application would protect an invention from being replicated in these designated countries.It also takes 39-31 months to enter into various countries from the international filing date or the priority date.
- 14. • PCT NationalPhase Application:- • It is very essential for an applicant to file a national phase application in each of the country wherein protection is sought for.The time frame for filling the same is schedule within 31 months from international filling date.
- 15. Patent of Addition •This application must be filed if the applicant discovers that he has come across an invention which is slight modification of the invention ehich has already been applied for or patented by the applicant.A patent of addition is only granted after the grant of parent patent and hence no renewal fee should be remitted during the term of the main patent.
- 16. Divisional Application •An applicantmay choose to divide an application and furnish two or more applications if a particular application claims for more than one invention.The priority date for these applications is similar to that of parent application.
- 17. Patent Specification • Thespecification is a techno-legal document containing full scientific details of the invention and claims to the patent rights.A complete specification in whole is important for an invention.Essential components of a complete specification are description,claims,drawings,abstract and sequence listings if any. • Two types of Patent Specification:- 1. Provisional specification 2. Complete specification
- 18. • Provisional Specification:- •It is a type of document which discloses an inventive concept. It is filed mainly to secure the prior date when inventor is in need of more timeto work.Complete information is not required in this. • Complete Specification:- This document discloses all details of an invention in a complete manner .Moreover,each claim in the complete specification defines an invention.Therefore each claim has a respective priority date associated with it.
- 19. Contents Of Specification 1.Title of Patent 2. Background 3. Summary of the invention 4. Explanation if any of the patent drawing 5. Description of the invention 6. Patent Claims 7. Sequence listing,if any
- 20. Patent Claims The purposeof patent claims is to define which subject-matter is protected by the patent.In the modern patent laws,patent applications must have ate least one claim,which defines elements of the patent and primary subject of examination.
- 21. Types Of Claims 1.Independent Claim 2. Dependent Claim
- 22. • Independent Claim:- 1.Does not depend on any claim 2. Broadest Claim 3. A claim for thing 4. A claim for method of thing 5. A claim for method of using thing
- 23. Dependent Claim:- 1. Dependson another claim 2. Depends on independent claim 3. Refine scope of protection
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