2. CONTENT:
1. Introduction
2. Definition
3. Need of patenting
4. Conditions to be satisfied by an invention to be patentable
5. Introduction to patent search
6. Parts of patents
7. Filling of patents
8. Reference
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3. Introduction
Patent is a type of intellectual property rights….
What is intellectual property right?
These are rights granted by the Government to a person, group or
organisation for the inventions, Which are ultimately used in
commerce [activity of buying and selling].
Invention
It implies creating something new and useful as result
Of thinking and experimenting.
It may be an creative idea, process or novel device etc.
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4. Innovation
Innovation is an act of introducing an invention or a creative idea to the
masses primarily with commercial objectives.
Property
Property is a thing owned or possession.
It may be tangible (capable of being touched, feel, real. Examples are house,
machine, car or watch.) or intangible asset (intellectual, Reputation etc)
Right
Right is something one has or can do by law or by moral right.
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5. Definition
A patent is an exclusive right to use an invention granted by the country
to a person for a limited time, during which an inventor can exclude others
From making, using or selling the invention.
Patent is a protection in the form of document issued to a patentee (applicant)
upon application by a government office.
Patent protection is the territorial right and therefore effective only within
the territory (say India).
However, filling an application in India enables the applicant to file a
corresponding application for same invention in convention countries,
within or before expiry of twelve months from the filling date in India.
Therefore, patents should be separately obtained in each country where the
applicant requires protection of his invention in those countries
There is no patent valid world wide.
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6. NEED FOR PATENTING
1. Patent protects important assets from theft, exploitation or abuse.
2. Patentee gets recognition and reputation worldwide.
3. Patent identifies contribution of company or inventor to the field.
To protect the creativity of the individual
To protect their invention from being copied.
To reward the inventor.
Advantages of patenting.
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7. 6. Financial benefits earned through patents stimulates the research to
invent many more.
7. If the inventions are exported to foreign countries, then patentee can
earn huge profits ultimately country also become rich as foreign
exchange reserves increases.
8. The combination of technology and trade was considered as a mechanism
to gain supremacy in the world ( not by wars ).
9. Through the patent system, the rate of overall growth of the country
increases.
4. Patent secures monetary compensation for the company (and sometimes
the inventor)
5. Patentee gets financial benefits through the business, otherwise inventor
may not be willing to let out the information to the public utility.
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8. Limitations
1. Patent emphasises the right of the inventor, rather than the benefits
of society.
2. Cultural knowledge is considered as free. It is considered as a duty
to transmit knowledge from generation to generation
IPR has undone this concept.
3. The inventor may monopolise the product, which results in high
retail prices, because patent excludes others from using the product.
hence the product may not reach the needy.
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9. CONDITIONS TO BE SATISFIED BY AN INVENTION TO BE PATENTABLE
The inventions to become patentable ‘subject matter’ must be meet three
conditions namely..
[A] NOVELTY
[B] NON-OBVIOUSNESS/INVENTIVE STEP
[C] UTILITY (INDUSTRIAL APPLICATION)
[A] NOVELTY
Novelty is defined as anything that was not domestically known, it essentially
means that the invention shall be new.
‘NEW’ means that does not exist in public domain.
What is already in public domain is called ‘prior art’ that is knowledge
existed prior to the relevant filing of an invention.
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10. Prior knowledge is ascertained by accounting three criteria..
1. Public disclosure
2. sufficient disclosure
3. the date of disclosure
It may be existed by way of written or oral disclosure or by way of use
Any disclosure by the inventor before filing application destroys
the novelty of the invention. For this reason many inventions are
not published as research articles in the international journals
instead of file the patent.
If something is not patentable, then it is published in the journals.
An invention filed in a country through application is disclosed the public.
Such an invention cannot be filed in another country,
Because it was already disclosed and become prior art.
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11. [B] NON-OBVIOUSNESS
The patent should be non-obvious with respect to “prior art”.
Non-obviousness means that the invention should involve sufficient
inventive step in such a manner that the invention is non-obvious to
the skilled persons in the same art.
In other words, the result obtained from the use of an invention is
unexpected.
Persons with ordinary skill could also conclude that the art is not
an obvious consequence. Skilled person is an practical person and
skilled person need not to be an individual.
In certain circumstances depending on the nature of the invention
it may be appropriate to think of group of specialists pooling their
knowledge.
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12. The non-obviousness should be different from ‘novelty’ . Novelty exits
if the invention is not a prior art.
The idea is not enough to be new, but it must be different from what
exits i.e contribute to the advancement.
The following characteristics illustrate the difference,,
The two or more features are combined (synthesization),
the results must be something greater than the sum of known effects.
An unexpected effect (step) in one species selected from a known group,
it is sufficient to render the species patentable, these are known as
selection inventions.
A plant yields red flowers, by selection of the same plant may produce
white flowers, Then the plant with white flowers can be patentable.
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13. The invention is result of creative idea and it must be noticeable.
It must have noticeable difference between the state of art and
claimed invention.
The invention may be related to a new chemical entity, which was
not an obvious variation of a prior art compounds or composition.
[C] UTILITY (Industrial application)
The subject matter should have some practical application.
The word ‘industrial’ has a special meaning in the patent laws.
in common language an ‘industrial’ activity means ‘technical’
activity, On certain scale an industrial applicability means application.
The term ‘industrial application’ is replaced by the term ‘utility’.
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14. The following are important aspects..
The invention is used in any type of industry including agriculture.
A professional use of a cosmetic process in a beauty parlour is found
to fall within the meaning of Industrial application.
In pharmacy and chemistry, industrial application does not in general
pose any particular problem.
Therefore, claims for utility should be written clearly and concisely
with sufficient details.
If the subject matter is not capable of being reproduced. Then it cannot
be patented.
If the chemical product is not having any industrial application and
no pharmacological activity then product cannot be patented.
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15. TYPES OF PATENTS
1.Utility patent
2.Design patent
3.Plant patent
Utility patent
Utility patents also known as ‘ patents for invention’, are most common
patents. They are issued in connection with new and useful process, machines,
manufactures, compositions of matter or improvements.
Examples of inventions protected by utility patents include computer software,
investment strategy medical equipment, tools, chemical compositions
genetically altered life forms and improvements.
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16. Owners of utility patents are allowed to exclude others from making using
or selling an invention for 20 years period from the date of patent application
is filed.
Maintenance fees must be paid for this type of patent, making it more
expensive than a design patent . Although utility patents offer broad protection
against potentially competing inventions.
Design patents
Design patents are issued in connection with new, original, and ornamental
design that is applied to something that is manufacture.
They are less expensive and easier to obtain than a utility patent.
A design patent allows the owner to exclude others from using or selling the
the patented design for 14 years from the date of patent is granted.
There are no maintenance fees associated with this type of patent.
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17. Plant patents
Plant patents are issued for the discovery or invention of new and distinct
Asexually reproducing plants,
This can include hybrids, seeding, mutants and cultivations other than
Plants found in an uncultivated state.
The owner of plant patent can exclude others from making using or selling
the plant for up to 20 years from the date of file a patent application.
Like design patent plant patents need not to be kept up with maintenance
fee payments.
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18. INTRODUCTION TO PATENT SEARCH
A patent search is a prudent and cost effective process of searching
for all issued patents or published patent applications related to
your invention. Based on the patent search results, you can determine
whether your invention is patentable and to what degree it is patentable.
It is primarily focused on determining what similar or like invention(s)
are already patented or likely to be patented.
Why do we need patent search?
We need to conduct a search of issued patents, published patent applications,
other published or public information (prior art) to evaluate whether any part
of your invention or idea has been patented published or disclosed previously,
A search may not only help inventors decide, whether to pursue a patent but
also whether to modify there efforts to improve the probability of getting a
patent.
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19. Knowing the prior art related your invention guides the patent applicant in
drafting the patent application (background, figure and description) necessary
to properly disclose applicants novel invention.
Types of patent search
1. Patentability search [novelty search or prior art search]
purpose : To determine whether a specific invention is,,
a. Within the scope of patentable subject matter
b. Useful
c. Novel
d. Non-obvious
When : It can be performed in the development stage of an invention i.e they
are more commonly done prior to submitting the patent application.
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20. 2. Freedom to operate search [Infringement or Right to use search]
Purpose : To prove that a proposed product or invention does not infringe any
active patents. Analyze claims of the patent when assessing freedom
to operate.
When : Before product is released or a processes is used.
3. Validity search
It is generally undertaken by companies or individuals to determine if it is
possible to invalidate another's patent that could pose an infringement risk
or when a competitor has accused you of infringing their patent.
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21. 4. Landscape search
A comprehensive and ‘broad brush’ search of patents publication and
other prior art materials.
Provides potential ideas to inventors during research and development.
Identifies potential licensees or licensors.
Other type of patent search.
State of the art search ( collection search)
It gives an over view of prior art in a specific area, this is basically
an information gathering approach.
For example a manufacturer might conduct a state of the art search
to determine if an area has been overlooked.
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22. Bibliographic search
This is to find out what was covered by a specific patent number.
This is easiest and the quickest, because the searcher already has a patent
number or an inventors name.
Continuing search
Also known as current awareness search of recently issued patents.
Generally these are of two types,
Keeping up with patent activity in areas of interest and keeping up with
Competitors activity.
This can be done online or by scanning the official Gazzet.
Assignment search
This type of search is to determine legal ownership of patent.
Assignments records of issued patents are public.
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23. PARTS OF PATENTS
1. Abstract
An abstract of a patent document is a concise statement of its technical
disclosure.
The abstract should enable the reader there of , regardless of his degree of
Familiarity with patent documents to ascertain quickly the character of the
subject matter covered by the technical disclosure.
2. Background of invention
The background selection of the patent application has to show that there is
a need in the art for the invention and it also states about the earlier
technologies being used.
Any invention should solve an existing problem in the technology domain.
Prior patents filed in the same domain should be mentioned.
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24. 3. Summary of invention
Summary of invention describes a broad overview of the invention and
Thus, provides a structure for understanding the detailed description and
patent claim section of the specification.
4. Figure or patent drawings
Patent drawings are required when they are necessary for the understanding
of the invention.
Flow sheets and diagrams are considered drawings.
Drawings must be presented on one or more separate sheets, they may not
be included in description, patent claims or the abstract. They may not
contain text matter.
All lines in the drawings must ordinarily be drawn with the aid of a drafting
instrument and must be executed in black, uniformly thick and well defined
lines.
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25. 5. Detailed description of the invention
The detailed description describes in detail what the invention is, how it is
made and used.
The detailed description of the invention must include a written description
of the invention of the manner, process of making and using the same.
And is required to be in such full, clear, concise and exact terms as to enable
any person skilled in the art to which the invention appertains with which
it is most nearly connected, to make and use the same.
6. Patent claims
The patent claim or set of patent claims shall define the matter for which
protection is sought, ‘patent claims are essence of patent’.
Patent claims shall be clear, concise and shall be fully supported by the
description.
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26. a. Independent patent claim(s)
Independent patent claims are written in such a way that they can
stand on their own.
When independent patent claims are drafted, they do not refer to
any other patent claim. It contains a permeable and all of the elements/
features necessary to define the invention.
b. Dependent patent claim
A dependent patent claim, in contrast only has meaning when combined
with a preceding patent claim which may or may not be an independent
patent claim.
Written patent claims, is an art and not easy to learn. Patent claim defines
the matter for which protection is sought, in other words, the scope
of the patent protection is defined by the claimed features in the patent
claims.
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27. FILLING OF AN PATENT APPLICATION
There is only one application filed for one invention.
This must be done in a prescribed by a form along with the prescribed fees
in the appropriate patent office.
It should be accompanied by a provisional or a complete specification.
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..
a. full name, address, nationality of applicant(s) and inventor(s).
b. patent specification and
c. whether application has been made or patent granted in patent cooperation
treaty (PCT) or convention country which affords to citizens of India or
applicants for patent in India.
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28. Every such application shall be accompanied by a provisional or complete
specifications.
Filling 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,
and the specification ends with claims.
Every application must be accompanied by a provisional or complete
specifications.
It is possible to file the application with provisional specifications,
But it is necessary to file the compete specifications within one year
of filing the original patent application.
The 12 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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29. The specifications must contain the following.
a. Title, sufficiently indicating the subject-matter.
b. Relevant drawings.
c. Full and particular description of the invention.
d. Details of its operation or use and the method by which it is to be
performed.
e. Disclosure of the best method of performing the invention.
f. Claims defining the scope of the invention.
g. Abstract providing technical information on the invention.
h. Declaration as to the inventor ship of the inventor.
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30. REFERANCE
1. C.V.S. SUBRAHMANYAM, J. THIMMASETTY
“Pharmaceutical regulatory affairs” (selected topics)
pg. no. 01-76
2. N.R.SUBBARAM
“What everyone should know about patents” ‘SECOND EDITION’
pg. no. 17-76.
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