The document discusses registration of industrial designs in India and abroad, as well as the Patent Cooperation Treaty (PCT). It provides an overview of the PCT, which allows filing a single international patent application to seek protection in multiple countries. Key benefits of the PCT include conducting a single examination, simplified procedures, additional time for patenting decisions, and coverage of 148 contracting states. The document also outlines the PCT filing process and advantages, such as a single application and language, harmonized requirements, and protection from errors. National patent laws, including the Indian Patent Act, are also discussed.

1. By
Venkatesh Kanna T. / AP

12. Registration of industrial Designs in
India and Abroad
• Design:
• Design is a right created by the statue which is
different from Trade Mark and copyright.
• Without registration, the creator or design may be left
without any right.
• It is possible to conduct an online search in the
records of the controller of design.
• Relevant aspects are the shape, configuration, surface
pattern, the colour or line or a combination there of as
applied to an article which produces an aesthetic
impression on the sense of sight.

13. PCT- Agreements
• The Patent Cooperation Treaty(PCT) provides us with an
overview of an international treaty which is administered by
World Intellectual Property Organization(WIPO).
• It is an international treaty with more than 148 contracting
states.
• As PCT simplifies the procedure for obtaining protection in
many countries, making it more efficient and Economical.
• PCT provides users with a worldwide system for the
simplified and effective filing of patent applications.

14. NEED FOR PCT
• To Bring the world within reach
• Removes major costs and provides users with
additional time.
• Provides a strong basis to the user for patenting
decisions.
• Is effectively used by the world’s major
corporations, universities and research
institutions.

15. Back features of PCT system
• Formal examination done by one office
• Retrieval is carried out by one office
• International publications done by one office.
• Examinations and authorization finished by
national office
• Single application with legal effect in all PCT
countries
• 148 countries and 4 regional patent systems

16. PCT advantages
• Single application in single language field in a
single country called international application.
• Provides strong basis for patenting decisions
to the users.
• Harmonizes formal requirements.
• Protects applicant from certain inadvertent
errors.
• Evolves to meet users needs.

17. PCT filing Process
• Step 1: Filing of local application
• Step 2: Filing of PCT Application.
• Step 3: Checking for Defects
• Step 4: International search report.
• Step 5: International Publication.
• Step 6: international Search
• Step 7: International preliminary report.
• Step 8: Enter in National Phase

18. e - PCT
• WIPO has evolved new concept of filing of an
e-PCT which is easier for both applicant and
patent office.
• Online e-filing portal that provides PCT
services for applicants and office.
• It was available since May,2011.

19. PCT challenges
• Improving the quality of PCT
• Building trust between patent offices, so that
duplication of application in international
phase and national phase.
• Language issues faced by most countries.
• Making PCT accessible to applications of all
types from all countries.
• Helping PCT users stay abreast of new
development and strategies.

20. PATENT ACT IN INDIA
• The process of preparing, filing, and shepherding a
patent application through the PTO towards issuance is
called “prosecution”.
• An application may be filed by the inventor himself or
herself or, as is more usual, by a patent attorney.
• Only 20% of all applications are filed by inventors without
the assistance of attorneys.
• They are divided into different groups, such as a
mechanical group, a biotech group, and an electrical
group.
• If the applicant later decides to apply for a patent in a
foreign country, the applicant must provide notice of this
foreign filing to the PTO within forty-five days or the
application will be regarded as abandoned.

21. PATENT ACT IN INDIA
• The intent of the new law is to harmonize U.S. patent
procedures with those of other countries.
• The new act protects inventors from having their
inventions infringed by providing that patentees can
obtain reasonable royalties if others make, used, or sell
the invention during the period between publication
and actual grant of the patent.
• Patents are items of personal property and thus may
be owned, sold, licensed, or devised by will.
• The patent Act has proven remarkably flexible in
accommodating changes and development in
technology.

22. • Many of the cutting-edge issues in patent law related
to patents for computer software.
• American Investors Protection Act of 1999 [AIPA]:
• The AIPA was signed into law in 1999 and represents the most
significant changes to patent law in twenty years.
• Inventors’ Right Act of 1999
• The First Inventor Defense Act of 1999
• The patent term guarantee act of 1999
PATENT ACT IN INDIA

23. PATENT ACT IN INDIA