The document discusses various aspects of patents and intellectual property rights. It defines what a patent is - an exclusive right granted by a government to an inventor for a limited period of time in exchange for publicly disclosing an invention. It outlines the criteria for patentability including novelty, inventive step, and industrial applicability. The document also describes the patenting process from filing specifications to examination and potential opposition proceedings. Key aspects of patents like patent searches, anticipation, and grounds for opposition are also summarized.

1. LEGAL ASPECTS OF
PATENTS
An overview

2.  Owned by a
person
 Registered under
an authority
 Claimed / prevent
others from
claiming
 Assignable, transf
erable, mortgage
able
PROPERTY
 TANGIBLE PROPERTY
 MOVABLE PROPERTY
 IMMOVABLE PROPERTY
 INTANGIBLE PROPERTY
 RIGHTTO INDIVIDUL REPUTATION
 INTELLECTUAL PROPERTY
PROPERTY

3. INTELLECTUALPROPERTYRIGHT
 INTELLECTUAL-
CAPACITY,CREATIVITY,IDEA,KNOWLEDGE,
 PROPERTY-
OWNED,REGISTERED,POSSESSED
 RIGHT-
CLAIMED,EXERCISED,EXPLOITED
THE RIGHT ASSOCIATED WITHTHE IDEA OR
CREATION OF MIND WHCH IS
APPLIED, OWNED AND EXPLOITED BY A
PERSON

4. 1. Patent
2. Trade marks
3. Design
4. Copyright
5. Integrated circuits and layout designs
6. Geographical indications
7. Plant varieties and farmers rights
8. Trade secrets and confidential information
INTELLECTUALPROPERTYRIGHTS

5. 5
INTELLECTUALPROPERTY
CLASSIFICATION
INDUSTRIAL PROPERTY LITERARY PROPERTY
 PATENTS
 TRADE MARKS
 DESIGNS
 INTEGRATED CIRCUITS
AND LAYOUT DESIGNS
 COPY RIGHTS
 NEIGHBOURING
RIGHTS
PERFORMERS RIGHTS
BROADCASTING
REPRODUCTIONRIGHTS

6. 6

7. PATENT-Industries concerned, a few
Device, apparatus, process, method of manufacture, or composition
of matter concerning to
 All the fields of engineering and technology
 Fertilizers, chemicals, bulk drugs, drug formulations
 Food products and nutritional supplements
 Software with hardware, architectural works
 Products of biotechnology (subject to exceptions)

8. Patent definition
Latin term patere, "to lay open" (i.e., to make available for public
inspection), In English term letters patent, royal decree granting
exclusive rights to a person. Patents in the modern sense originated
in 1474, in the Republic of Venice
A patent is a form of intellectual property. It consists of a set of
exclusive rights granted by a government to a true and first inventor or
their assignee for a limited period of time in exchange for the public
disclosure of an invention.
Patent is an exclusive right granted to a person who has invented a
new and useful article or an improvement over an existing article.

9. NEED FOR THE PROTECTION OF
PATENTS
 Encouragement
 Inducement
 Reward
 Transfer and dissemination of technology
 Commercial exploitation by the inventor
 Preventing others from exploiting the right
 Healthy competition
 Development of a nation
 Reveal the intellectual capability of the inventor
9

10. Patent right
 Exclusive right(monopoly)
 Granted for a limited period of time
 Territorial in nature
 Assignable, licensable, transferable and mortgageable
right
 Proprietary right
 Legally enforceable
 Registrable before a competent authority
 Commercially exploitable

11. I P LEGISLATIONS IN INDIA
1. PATENTS ACT , 1970
2. TRADE MARKS ACT, 1999
3. COPY RIGHT ACT , 1957
4. DESIGNS ACT , 2000
5. SEMICONDUCTOR INTEGRATED CIRCUITS AND LAYOUT
DESIGNS ACT, 2000
6. GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION
AND PROTECTION) ACT,1999
7. THE PROTECTON OF PLANT VARIETIES AND FARMERS
RIGHTS ACT,2001

12. Need for the protection of Patents
 Encouragement
 Inducement
 Reward
 Transfer and dissemination of technology
 Commercial exploitation by the inventor
 Preventing others from exploiting the right
 Healthy competition
 Development of a nation
 Reveal the intellectual capability of the inventor

13. Persons entitled to apply for patents
 True and first inventor
 Assignee of the true and first inventor
 Legal representative of any deceased person who
immediately before his death was entitled to make such
application

14. Rights of patentee
An exclusive right over the patented product / process to;
a) Manufacture
b) Use
c) Offering for sale, selling or importing in to India for sale
d) Prevent others from make, use, sell, import the patented
product / product directly obtained through that patented
process and commercially exploiting the patent.
e) Assign, transfer and issue license
f) Surrender the patent and Sue in case of infringement
g) Claim remedies upon proving the infringement

15. Inventions patentable includes..
 Art(technology), Process, Method of manufacturing;
 Machine, apparatus, instrument or other Articles;
 Substances, compositions or formulations produced
by Manufacturing process;
 Computer Software to be applied in a Technical
application to Industry or programmed in a
hardware
 Food products / Chemicals / Medicines and bulk
drugs/ fertilizers

16. Patentability
Patentability is the ability / character of the invention to make itself eligible for a grant of
patent by the patent offices. The criteria of eligibility includes;
1. Novelty
2. Inventive Step
3. Industrial Applicability
4. Utility and in addition
5. The invention should not fall under the category of inventions ‘INVENTIONS
NOT PATENTABLE’ mentioned under Sections 3 and 4 of the Patents Act,1970

17. Patentability - novelty
 it does not form the state of the art
 it has not been described orally
 it has not been published before the date of filing the
patent application
 It has not been used before the date of filing the patent
application
Patent can be granted for a
A NOVEL PROCESS FOR A KNOWN PRODUCT-PROCESS CLAIM
A NOVEL PRODUCT BY A KNOWN PROCESS- PRODUCT CLAIM
A NOVEL PRODUCT BY A NOVEL PROCESS-PRODUCT PROCESS CLAIM

18. Patentability-inventive step
 Technical advance as compared to the existing
knowledge or
 Having economic significance or
 Both technical advance and economic significance and
 All the above mentioned features makes the invention
non obvious to a person skilled in the art.”
Besides the above features the invention
 can able to be manufactured in an industry and
 It must possess utility ( usefulness) to the mankind

19.  Frivolous or obvious and contrary to natural laws
 Contrary to public order or morality or prejudicial to
human, animal or plant life and health or to the environment.
 Mere discovery of the scientific principle or the formulation of
an abstract theory or discovery of any living thing or non-living
substances occurring in nature
 Mere discovery of new form of known substance without any
enhancement in the efficacy new property or mere new use
for known substance or the mere use of a known
process, machine or apparatus-unless the known process
results to new products or employs atleast one new reactant.
 Mere admixtures of substances.
Inventions not patentable

20. Inventions not patentable
 Mere arrangement / rearrangement or duplication of known
devices functioning independently in a known way.
 Method of agriculture and horticulture;
 Any process for the medicinal or surgical, curative
prophylactic, diagnostic, therapeutic or other treatment of
human beings, animals to render them free of disease or to
increase their economic value or that of their products;
 Plants and animals in whole or any part thereof other than
micro-organisms but including seeds, varieties and species
and essentially biological process for production or
propagation of plants and animals;
 A mathematical or business method or algorithms.

21. Inventions not patentable
 literary, dramatic and musical works and aesthetic creations
including cinematography and television production.
 Method for performing mental act or playing game.
 Presentation of information.
 Topography of Integrated Circuits.
 Invention which in effect, is traditional knowledge or which is an
aggregation or duplication of known properties of traditionally known
components.
 Inventions relating to Atomic Energy.(Sec.4)

22. PATENTING IN COMPUTER
SCIENCES
22
SOFTWARE
PROGRAMMES

23. PATENT AGENT
23
A Patent agent is a registered person with Indian Patent Office
whose name is entered in the patent agent register after being
declared qualified the patent agent examination conducted by the
patent office and who is entitled—
(a) to practice before the Controller; and
(b) to prepare all documents, transact all business and
discharge such other functions as may be prescribed in connection
with any proceeding before the Controller under this Act.
Knowing the invention inside and out does not qualify the
inventor to write and prosecute an effective patent
application.

24. Filing of patent application
Application for grant of patent in Form 1;
Complete patent specification in Form 2;
Two sets of the drawing figures, if any,
Duly stamped power of attorney in Form 26 authorizing the agent;
Declaration of the inventorship signed by the applicant in Form 5;(where
provisional specification is followed by complete specification or in case of
convention application.)
The Statement and Undertaking regarding foreign filings in Form 3;
Abstract of the invention
Proof for the applicant’s right to apply for patent and the priority details. (if priority
is claimed) and Fee in cash/by local cheque/by demand draft.

25. Provisional specification
Brief description of the invention
Claims are not necessary
To establish the earliest ownership to the invention
To obtain priority date for the invention
Allows a period of 12 months to file the complete specification
(Any modification , addition or improvements to the invention can be
made within the period of 12 months after the filing of provisional
specification)
Not applicable in case of convention application and PCT application

26. COMPLETE SPECIFICATION
26
A typical patent specification has the following sections:
1.Title of invention;
2.Field of invention;
3.Background of invention
4.Object of invention;
5.Statement of invention;
6.A summary of invention;
7.A brief description of the accompanying drawing;
8.Detailed description of the invention
9.Claim(s); and 10.Abstract.

27. Patent prosecution - Stages
I. FILING OF APPLICATION under section.7 or 54 or 135 or 7(1A)
II. REQUEST FOR EARLY PUBLICATION under section.11A(2) PUBLICATION AFTER
18 MONHS under section.11A
III. REQUEST FOR EXAMINATION under section.11B
IV. EXAMINATION under section under section12
V. SEARCH FOR ANTICIPATION BY THE EXAMINER under section.13
VI. CONSIDERATION OF ‘FER’ BY CONTROLLER under section.14
VII. REFUSAL / AMENDMENT OF THE APPLICATION under section.15
VIII. ANTICIPATION PROCEEDINGS IF ANY under section.18
IX. OPPOSITION PROCEEDINGS IF ANY under section.25
X. SECRECY DIRECTIONS IF ANY under sections.35 to 42
XI. GRANT OF PATENTS under section.43

28. PROVISIONAL
SPECIFICATION
COMPLETE
SPECIFICATION
PUBLICATION
REQUEST FOR
EXAMINATION
FIRST
EXAMINATION
REPORT
RESPONDTO
OFFICE ACTION
FURTHER
EXAMINATION
REPORT
WITHIN 12MONTHS FROM
PROVISIONAL SPECIFICATION
AFTER 18 MONTHS
FROM PROVISIONAL
WITHIN 48 MONTHS FROM
THE PROVISIONAL
WITHIN 6 MONTHS FROM
THE DATEOF REQUEST WITHI 12MONTHS
FROMTHE FER
EARLY PUBLICATION
(OPTIONAL)
PRE GRANT
OPPOSITION IF ANY
PATENT
GRANTED

29. Anticipation
Anticipation: state of the art, already known to the
public, already published, subject in use or practice in the
public domain before the priority date of the present
application for patent.
Modes of anticipation:
I. Previous communication to the government
II. Public display
III. Public working
IV. Use and publication
Anticipated  known invention  not patentable
Not anticipated  new invention  patentable
In general anticipated inventions are not patentable,
but exceptions are there.

30. Patent searching
Systematic collection of available information and
literature including specification and other details published by
the patent offices world wide relevant to the invention in hand
or proposed patent application for evaluation, analysis and
further progress of the invention for grant of patent.
Search includes;
State of the art search
Novelty/patentability search
Infringement search
Competitor wise search
Patent family search
landscape analysis, validity search

31.  Invention wrongfully obtained by the applicant
 Previously published
 Previously claimed in another specification
 Known public use before the priority date
 Lack of inventive step in the invention
 Not an invention according to the act
 Coming under ‘inventions not patentable’ category
 Not sufficiently described in the specification
 Failure of the applicant in disclosing the information under sec.8
 Wrong mention of the source of the biological material
 Already known to the knowledge of local indigenous community of India
or elsewhere.
Grounds of opposition