A brief overview of patents.

1. Understanding Patents
-The Basic Approach
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- Formulation Scientist II
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2. What is a Patent ?
•A patent for an invention is a grant to an inventor of a
property right for a limited time by a Government, generally
acting through a Patent and Trademark Office.
•A patent gives its owner the right to EXCLUDE other
people from making, using or selling the claimed invention.
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3. Types of patents
• Utility Patent- Issued for the invention of a new and useful process, machine,
manufacture, or composition of matter, or a new and useful improvement
thereof
"patents for invention"
• Design Patent- Issued for a new, original, and ornamental design embodied in
or applied to an article of manufacture.
• Plant Patent- Issued for a new and distinct, invented or discovered asexually
reproduced plant including cultivated sports, mutants, hybrids, and newly
found seedlings
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4. Types of patent applications
1. Provisional patent application
- Establishes priority for subsequent filing, only on the information conatained in
the application.
- Does not have to have claims
- Does not get examined.
2. Regular U.S. / Non-provisional / Utility applications
3. Patent Cooperation Treaty (PCT) Applications
- Reserves rights to file in the U.S. And many foreign countries at a later time (30
months)
4. Foreign Applications:
- Must be filed in each country or region of interest.
- Often more expensive.
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5. Prior Art
• Prior Art: Knowledge or information existing (publicaly available) at the
time of invention.
• Information available/dated before the filing date of application being
examined
sources:
Prior Art includes:
Presentations.
Publications
Databases in public domain
Websites
Theses (published online)
Patents
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6. How to read a patent?
• Patent terminologies
• Patent claims and its types
• Patent Certifications
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7. Patent Terminologies
• Inventor
• Applicant / Assignee
• Applicant Country
• Title of the invention
• Application No.
• Patent No.
• PCT No.
• References
• Kind codes
• Important Dates
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8. Kind Codes
US Code meaning WIPO Code meaning
A1 first publication of application A1 patent application published with the search report
A2 second or subsequent publication of
application
A2 patent application published without the search
report
A9 Correction of error(s) in previous
publication
A3 search report published with the front page
(bibliometric data) of the application
A8 correction of front page data of A1 or A2; only
front page re-published
A9 correction of application; complete reprint of
document A1 or A2 or A3
B1 patent which was not published as a
patent application
B1 granted patent
B2 patent which was prior published as a
patent application
B2 amended specification (e.g., claims) of granted
patent
B8 correction of front page data of B1 or B2; only
front page published
B9 correction of application;
C1 re-examined patent;
E1 re-issued patent;
P1 first publication of plant patent
application
P2 plant patent which was not published
as a patent application
P3 plant patent which was published as a
patent application
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9. Important Dates
• Priority Date
First date if filing of a patent application, anywhere in the world, to protect
an invention.
• Filing Date / Application Date
The date on which the patent office received the patent application.
• Publication Date
The date on which the patent application is published i.e. Information is
available to the public.
• Grant Date / Issue date
The date when patent office issues a patent to the applicant.
• Expiry Date
The date when a patent has run its full term and is longer valid
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10. How to calculate expiry of patent?
Utility patents Plant Patents Design Patents
20 years
(filing date)
20 years
(filing date)
14 years
(Issue date)
Filing prior to June 8, 1995
17 years (Issue date) OR 20 years (Filing
date) whichever is longer
NA
• Expiry of patents remains more or less similar in most of the
countries.
• Patent extensions of maximum 5 years is allowed in
countries like US/UKSonia Nagvenkar

11. Kinds of claims
• Independent Claim
- Broader claim
- Stand alone, and do not reference any other claim.
- Subject to patent infringement / Non- infringment.
• Dependent Claim
- Narrower claim
- Refer to Independent claim e.g "The method of claim 1,
wherein . . . "
- Backup in case the independent claim is rejected in
prosecution / found invalid in litigation.
- A dependent claim cannot be infringed
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12. Independent Claims
This claim has a preamble,
transitional phrase and a body.
The preamble : It usually sets out the
name of the product being
claimed, and perhaps a use for the
product.
Transitional Phrase : The connecting
word
Body : It describes the various
features and characteristics of the
invention that distinguish it over
the prior art. Body of the patent is
divided into Elements
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13. Patent Claims
• The extent of the protection conferred by a patent, or
the protection sought in a patent application.
• Heart of the patent application.
• The cause of patent infringements / patent litigations.
• Patent claims define the scope of an invention
• A product that has each and every element of an
issued claim infringes the patent.
• Types:
• Independent claims
• Dependent claims
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14. What is infringement?
• The claim
– An apparatus, comprising: A, B, and C.
• The infringing product contains:
– A, B, and C
• Infringement
– A and B
• No infringement
– A, B, C, D and E
• Infringement
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15. Basic example of infringement
Claim 1: A seating device comprising:
a) a flat area;
b) legs to hold the flat area off the
ground and
c) a back.
Claim 2: A seating device of claim 1 further
comprising of rockers coupled to the legs.
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16. Basic example of infringement
New patent:
Claim 1: A seating device
comprising:
a) a flat area;
b) rockers coupled to the legs to
hold the flat area off the
ground and
c) a back.
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17. Patent Certifications
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18. Patent and Exclusivity search in Orange book
Marketing Exclusivity:
Exclusivity is exclusive marketing rights granted by the FDA upon
approval of a drug and can run concurrently with a patent or not.
Exclusivity enables the drug product to have exclusive or monopoly
status in the market for a certain number of years.
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