The document outlines the key stages in the process of obtaining a patent in India from filing to grant, including:
1) Filing the patent application and paying fees.
2) Formality check and publication of application after 18 months.
3) Request for examination which can be made within 48 months of filing.
4) Examination of the application and issuance of an examination report identifying any objections.
5) Opportunity for the applicant to respond to objections and approval of the patent upon meeting requirements.
6) Possible pre-grant opposition by third parties and consideration of opposition before final patent grant.
The document outlines the key stages in obtaining a patent in India from filing to grant. These include formality check and publication 18 months after filing, examination upon request within 48 months, issuance of an examination report identifying objections, response and compliance from applicant within 12 months, opportunity for pre-grant opposition and hearing, and finally grant of the patent certificate within 7 days if objections are resolved.
Patents by dps parmar [compatibility mode]Delwin Arikatt
The document summarizes the legislative framework for intellectual property administration in India. It outlines the key acts and rules that govern patents, designs, trademarks, geographical indications, and copyrights. It also describes some of the salient features of India's patent law, including eligibility requirements for patents, exclusions from patentability, and provisions regarding compulsory licensing and public health.
The document discusses the legislative framework and process for obtaining patents in India. It outlines the key government bodies that administer patents, as well as the various acts and rules that govern patents. It then describes the stages involved in filing a patent application, including formalities check, publication, examination, opposition proceedings, and renewal fees. The objectives of patent law are also summarized as providing a statutory right to inventors for a period of time to commercially exploit their invention, while also encouraging innovation and ensuring inventions eventually enter the public domain.
Patent Law in India_What,How to get it regisgtered and protectedKrishan Singla
It describes the patent law in India and describes what comes and what does come under patent . In other words it defines what kind of inventions can be patented . In brief it contains the following topics:
-What is intellectual property
-Meaning of Patent
-Legislative Framework Patents
-Patent Law - Salient Features
-Safeguards in the Patent Law
-Definition of patentable invention
-Inventions not patentable
-Documenting invention
-Steps for obtaining a patent in India
-Rights of product patentee
-Rights of process patentee
-Renewal of patent
-Infringement of patent
-Patent Due Diligence
This document provides a final report from the Expert Group on the development and implications of patent law in the field of biotechnology and genetic engineering.
The report consists of three subreports covering the following topics: plant-related inventions, the patentability of human stem cells, and the scope of protection of nucleic acid-related inventions. For each topic, the subreports discuss the relevant legal issues and technological background, and outline the majority and minority views of the expert group. While consensus was reached on some issues, other topics saw disagreement, resulting in dissenting opinions being included in the subreports. Overall, the expert group found reopening the Biotechnology Directive was not advisable.
Hrd 647 components of a lab report (final)JermaineTucker
This document outlines the typical components of a lab report, which include a title, aim, hypothesis, apparatus, method, results, and conclusion. The title provides an overview of the experiment. The aim states the experiment's purpose. The hypothesis predicts the experiment's outcome. The apparatus lists the materials used. The method describes the procedure. The results report what was observed. The conclusion determines if the hypothesis was supported and discusses sources of error.
New century calls for new innovation system. Instead of individualistic closed innovation we require participative open innovation or collective creation. Closed innovation system is not adequate to solve the societal issues. However openness of open knowledge doesn't necessarily mean free access or free ride of technologies rather it aims at non-discriminatory access of technologies that may be used by IP licensing. Unlike open knowledge open innovation demands three types of open innovations like- Out side-in, Inside-out and joint innovation. Almost all big organizations like IBM, Microsoft, Philips have embraced open innovation to make better , improvised and innovative product to solve various social problems.
The document discusses the history and evolution of global trade agreements from GATT to the World Trade Organization (WTO). It explains that GATT was a provisional agreement formed in 1947 to promote international trade but was replaced by the WTO in 1995. The WTO provides a permanent institutional foundation and its rules and commitments are considered more binding than GATT. The WTO aims to liberalize trade through negotiations and provides a dispute settlement mechanism for member countries. It currently has 153 member countries and seeks to reduce barriers to international trade.
The document outlines the key stages in obtaining a patent in India from filing to grant. These include formality check and publication 18 months after filing, examination upon request within 48 months, issuance of an examination report identifying objections, response and compliance from applicant within 12 months, opportunity for pre-grant opposition and hearing, and finally grant of the patent certificate within 7 days if objections are resolved.
Patents by dps parmar [compatibility mode]Delwin Arikatt
The document summarizes the legislative framework for intellectual property administration in India. It outlines the key acts and rules that govern patents, designs, trademarks, geographical indications, and copyrights. It also describes some of the salient features of India's patent law, including eligibility requirements for patents, exclusions from patentability, and provisions regarding compulsory licensing and public health.
The document discusses the legislative framework and process for obtaining patents in India. It outlines the key government bodies that administer patents, as well as the various acts and rules that govern patents. It then describes the stages involved in filing a patent application, including formalities check, publication, examination, opposition proceedings, and renewal fees. The objectives of patent law are also summarized as providing a statutory right to inventors for a period of time to commercially exploit their invention, while also encouraging innovation and ensuring inventions eventually enter the public domain.
Patent Law in India_What,How to get it regisgtered and protectedKrishan Singla
It describes the patent law in India and describes what comes and what does come under patent . In other words it defines what kind of inventions can be patented . In brief it contains the following topics:
-What is intellectual property
-Meaning of Patent
-Legislative Framework Patents
-Patent Law - Salient Features
-Safeguards in the Patent Law
-Definition of patentable invention
-Inventions not patentable
-Documenting invention
-Steps for obtaining a patent in India
-Rights of product patentee
-Rights of process patentee
-Renewal of patent
-Infringement of patent
-Patent Due Diligence
This document provides a final report from the Expert Group on the development and implications of patent law in the field of biotechnology and genetic engineering.
The report consists of three subreports covering the following topics: plant-related inventions, the patentability of human stem cells, and the scope of protection of nucleic acid-related inventions. For each topic, the subreports discuss the relevant legal issues and technological background, and outline the majority and minority views of the expert group. While consensus was reached on some issues, other topics saw disagreement, resulting in dissenting opinions being included in the subreports. Overall, the expert group found reopening the Biotechnology Directive was not advisable.
Hrd 647 components of a lab report (final)JermaineTucker
This document outlines the typical components of a lab report, which include a title, aim, hypothesis, apparatus, method, results, and conclusion. The title provides an overview of the experiment. The aim states the experiment's purpose. The hypothesis predicts the experiment's outcome. The apparatus lists the materials used. The method describes the procedure. The results report what was observed. The conclusion determines if the hypothesis was supported and discusses sources of error.
New century calls for new innovation system. Instead of individualistic closed innovation we require participative open innovation or collective creation. Closed innovation system is not adequate to solve the societal issues. However openness of open knowledge doesn't necessarily mean free access or free ride of technologies rather it aims at non-discriminatory access of technologies that may be used by IP licensing. Unlike open knowledge open innovation demands three types of open innovations like- Out side-in, Inside-out and joint innovation. Almost all big organizations like IBM, Microsoft, Philips have embraced open innovation to make better , improvised and innovative product to solve various social problems.
The document discusses the history and evolution of global trade agreements from GATT to the World Trade Organization (WTO). It explains that GATT was a provisional agreement formed in 1947 to promote international trade but was replaced by the WTO in 1995. The WTO provides a permanent institutional foundation and its rules and commitments are considered more binding than GATT. The WTO aims to liberalize trade through negotiations and provides a dispute settlement mechanism for member countries. It currently has 153 member countries and seeks to reduce barriers to international trade.
The World Trade Organization (WTO) was established in 1995 and is headquartered in Geneva, Switzerland with 164 member countries. It aims to regulate international trade through administering trade agreements, facilitating trade negotiations, and assisting developing countries. Key organizational bodies include the Ministerial Conference, which is the highest decision-making body. Major trade negotiations have occurred through various Ministerial Conferences and rounds, including the Doha Development Round, with disagreements between developed and developing nations over issues like agriculture and intellectual property rights. The WTO oversees agreements on agriculture, intellectual property, trade facilitation, and other areas.
8 steps for writing an effective research paperSets India
A research paper gives a perspective or make an argument that is important to the chosen area of research, and summarizes the answers to your research questions. Research paper all about stating long lists of facts or explaining the topic.
concept of sample and sampling, sampling process and problems, types of samples: probability and non probability sampling, determination and sample size, sampling and non sampling errors
WTO was born on 1st January 1995 with main objective to improve the welfare of people of member countries.
Its main function is to ensure that trade flows as smoothly, predictably & freely as possible.
Invited lecture in 117th Orientation Programme of the Human Resource Development Centre (HRDC) , UGC of the University of Calcutta.
Creativity is the basis of our very existence on earth. It is also the precursor of societal progress. The culture of instilling of creativity, invention and innovation makes a society enriched than another society. Valley of Death is an inevitable step that has to pass through every invention before it becomes innovation that diffused to the society in the course of time. Creativity has two dimensions-one is philosophical another is functional. Creativity is based upon novel idea regardless of types and the reason which initiated the process. Even the most novel can not be protected until it is not manifested tangibly. Presentation has focused on four different basic forms of IPR i.e., Patent, Trademark, Industrial Design and copyright with suitable real life examples.
Sampling is concerned with the selection of a subset of individuals from within a statistical population to estimate characteristics of the whole population
How to write a biomedical research paperAhmed Negida
This was the presentation of (How to write a biomedical research day workshop) given by Ahmed Negida as a part from MRGE continuous research activities in Egypt.
The course was joined by 45 medical students and seniors from different Egyptian Universities and it was more than 6 hours of exciting learning activities.
Major Learning Objectives were:
1- Structure of biomedical Research Paper
2- How to Write a conference Abstract
3- Scientific Writing Rules
4- Research Protocol
5- Referencing Using Mendeley software
6- Scientific Publication
This document outlines the steps for preparing a research report. It discusses including an introduction, objective methodology, summary of findings, main report with conclusions, and end matter with appendices, bibliography and index. The main text should present information in a logical sequence with sections. Charts and illustrations should only be used if they clearly present information. Calculated confidence limits and constraints must be stated. The purpose of the research report is to effectively communicate findings to others, as the research is not fully completed until the report is presented.
Research tools & data collection method_vipinVIPIN PATIDAR
data collection method-
it include following sub points-
1) definition of research tool
2) data
3) primary and secondary data
4) observation method
5) interview
6) questionnaire
7) physiological measure
The document discusses various methods of measurement and scaling, including assigning numbers or symbols to characteristics according to rules, and placing objects on a continuum to indicate their relative positions. It describes different types of scales such as nominal, ordinal, interval, and ratio scales, and compares comparative scaling techniques like paired comparisons that involve direct object comparisons to noncomparative techniques like continuous and itemized rating scales that evaluate objects individually.
This document provides a 10 step guide for writing a research paper with ease. The steps include: thinking of a topic and questions, finding sources, reading sources and taking notes, brainstorming the structure, writing a thesis statement, drafting an introduction, writing the body in paragraphs with cited sources, drafting a conclusion, compiling a works cited page, and proofreading for spelling and grammar. Following these steps will help the writer organize their ideas and research into a well-written paper.
The document discusses the legislative framework for intellectual property administration in India. It covers the main Acts and rules governing patents, designs, trademarks, geographical indications, and copyright. It describes the agencies responsible for administering these areas. It also provides details on the patent law framework, including eligibility criteria, exclusions from patentability, and safeguards in the law.
This document outlines the legislative framework for intellectual property (IP) administration in India. It notes that the Department of IP &P covers acts and rules related to patents, designs, trademarks, and geographical indications, while the Department of Education covers the Copyrights Act. It then provides more details on the various acts and rules governing patents in India, including the Patents Act of 1970 (as amended), the process for obtaining a patent from filing to grant, opportunities for opposition, and requirements for renewal.
The document discusses the legislative framework for intellectual property (IP) administration in India. It covers the key acts and rules governing patents, designs, trademarks, geographical indications, and copyright. It also describes the various departments and offices responsible for IP administration in India, including the Controller General of Patents, Designs and Trademarks. The stages of obtaining a patent from initial filing to potential grant or opposition are summarized.
This document provides an overview of intellectual property and patent law in India. It defines a patent as an intellectual property right granted by the government for an invention that is novel, involves an inventive step, and is capable of industrial application. It outlines the key features and provisions of the Patents Act of 1970, including what is patentable subject matter, rights of patent holders, and exceptions. It also describes the steps for obtaining a patent in India, which involves filing an application with supporting documentation and paying fees.
The document provides an overview of patent law in India, including:
1) A patent grants an inventor exclusive rights to an invention that is novel, useful, and non-obvious.
2) India's patent law has evolved since the 1850s through several Acts, with the current Patents Act coming into force in 1970.
3) The Act provides for patents on both products and processes, with a term of 20 years, and includes pre- and post-grant opposition provisions.
The document discusses patentable subject matter under Indian and international law. It provides definitions of invention and outlines what can and cannot be patented according to the Indian Patents Act of 1970 and TRIPS agreement. It discusses exclusions from patentability including those that are frivolous, contrary to public order or morality, or mere discoveries with examples of each.
The document discusses patentable subject matter under Indian and international law. It provides definitions of invention and outlines what can and cannot be patented according to the Indian Patents Act of 1970 and TRIPS agreement. It discusses exclusions from patentability including those that are frivolous, contrary to public order or morality, or mere discoveries with examples of each.
This document discusses what can and cannot be patented. It begins by defining a patent as an intellectual property right granted for an invention that is novel and industrially applicable. [It then lists exclusions such as inventions contrary to public order or morality.] Criteria for patentability include novelty, inventive step, and industrial applicability. The document discusses patentability in various countries over time, with some initially prohibiting pharmaceutical patents. [It examines sections of the patent law specifying inventions that cannot be patented, such as methods of treatment, plants, animals, and business methods.] The conclusion advocates that the patent system should not be the sole way to address ethical issues, and only inventions with clear social consensus of being unethical should
This document outlines various categories of inventions that are not patentable under Indian patent law. These include frivolous inventions, inventions contrary to natural laws, inventions whose commercial exploitation would be contrary to public order or morality such as gambling devices. Also not patentable are mere discoveries, new forms of known substances, new uses of known substances, admixtures, arrangements of known devices, methods of agriculture/horticulture, medical treatments, plants/animals, mathematical/business methods, computer programs, artistic works, schemes/rules, presentation of information, integrated circuit topographies, traditional knowledge, and inventions related to atomic energy.
BIOTECHNOLOGY PATENTS – STATUS OF PROTECTIONChiragZala6
The document discusses biotechnology patents in India. It provides background on intellectual property rights in biotechnology and how India's patent law was amended in 2002 to explicitly include biotechnology. Key points covered include what is and isn't patentable under Indian law for biotechnology, such as discoveries in nature not being patentable but purified biological materials produced through technical means can be. The legislative framework and policies governing biotechnology in India are also outlined.
The World Trade Organization (WTO) was established in 1995 and is headquartered in Geneva, Switzerland with 164 member countries. It aims to regulate international trade through administering trade agreements, facilitating trade negotiations, and assisting developing countries. Key organizational bodies include the Ministerial Conference, which is the highest decision-making body. Major trade negotiations have occurred through various Ministerial Conferences and rounds, including the Doha Development Round, with disagreements between developed and developing nations over issues like agriculture and intellectual property rights. The WTO oversees agreements on agriculture, intellectual property, trade facilitation, and other areas.
8 steps for writing an effective research paperSets India
A research paper gives a perspective or make an argument that is important to the chosen area of research, and summarizes the answers to your research questions. Research paper all about stating long lists of facts or explaining the topic.
concept of sample and sampling, sampling process and problems, types of samples: probability and non probability sampling, determination and sample size, sampling and non sampling errors
WTO was born on 1st January 1995 with main objective to improve the welfare of people of member countries.
Its main function is to ensure that trade flows as smoothly, predictably & freely as possible.
Invited lecture in 117th Orientation Programme of the Human Resource Development Centre (HRDC) , UGC of the University of Calcutta.
Creativity is the basis of our very existence on earth. It is also the precursor of societal progress. The culture of instilling of creativity, invention and innovation makes a society enriched than another society. Valley of Death is an inevitable step that has to pass through every invention before it becomes innovation that diffused to the society in the course of time. Creativity has two dimensions-one is philosophical another is functional. Creativity is based upon novel idea regardless of types and the reason which initiated the process. Even the most novel can not be protected until it is not manifested tangibly. Presentation has focused on four different basic forms of IPR i.e., Patent, Trademark, Industrial Design and copyright with suitable real life examples.
Sampling is concerned with the selection of a subset of individuals from within a statistical population to estimate characteristics of the whole population
How to write a biomedical research paperAhmed Negida
This was the presentation of (How to write a biomedical research day workshop) given by Ahmed Negida as a part from MRGE continuous research activities in Egypt.
The course was joined by 45 medical students and seniors from different Egyptian Universities and it was more than 6 hours of exciting learning activities.
Major Learning Objectives were:
1- Structure of biomedical Research Paper
2- How to Write a conference Abstract
3- Scientific Writing Rules
4- Research Protocol
5- Referencing Using Mendeley software
6- Scientific Publication
This document outlines the steps for preparing a research report. It discusses including an introduction, objective methodology, summary of findings, main report with conclusions, and end matter with appendices, bibliography and index. The main text should present information in a logical sequence with sections. Charts and illustrations should only be used if they clearly present information. Calculated confidence limits and constraints must be stated. The purpose of the research report is to effectively communicate findings to others, as the research is not fully completed until the report is presented.
Research tools & data collection method_vipinVIPIN PATIDAR
data collection method-
it include following sub points-
1) definition of research tool
2) data
3) primary and secondary data
4) observation method
5) interview
6) questionnaire
7) physiological measure
The document discusses various methods of measurement and scaling, including assigning numbers or symbols to characteristics according to rules, and placing objects on a continuum to indicate their relative positions. It describes different types of scales such as nominal, ordinal, interval, and ratio scales, and compares comparative scaling techniques like paired comparisons that involve direct object comparisons to noncomparative techniques like continuous and itemized rating scales that evaluate objects individually.
This document provides a 10 step guide for writing a research paper with ease. The steps include: thinking of a topic and questions, finding sources, reading sources and taking notes, brainstorming the structure, writing a thesis statement, drafting an introduction, writing the body in paragraphs with cited sources, drafting a conclusion, compiling a works cited page, and proofreading for spelling and grammar. Following these steps will help the writer organize their ideas and research into a well-written paper.
The document discusses the legislative framework for intellectual property administration in India. It covers the main Acts and rules governing patents, designs, trademarks, geographical indications, and copyright. It describes the agencies responsible for administering these areas. It also provides details on the patent law framework, including eligibility criteria, exclusions from patentability, and safeguards in the law.
This document outlines the legislative framework for intellectual property (IP) administration in India. It notes that the Department of IP &P covers acts and rules related to patents, designs, trademarks, and geographical indications, while the Department of Education covers the Copyrights Act. It then provides more details on the various acts and rules governing patents in India, including the Patents Act of 1970 (as amended), the process for obtaining a patent from filing to grant, opportunities for opposition, and requirements for renewal.
The document discusses the legislative framework for intellectual property (IP) administration in India. It covers the key acts and rules governing patents, designs, trademarks, geographical indications, and copyright. It also describes the various departments and offices responsible for IP administration in India, including the Controller General of Patents, Designs and Trademarks. The stages of obtaining a patent from initial filing to potential grant or opposition are summarized.
This document provides an overview of intellectual property and patent law in India. It defines a patent as an intellectual property right granted by the government for an invention that is novel, involves an inventive step, and is capable of industrial application. It outlines the key features and provisions of the Patents Act of 1970, including what is patentable subject matter, rights of patent holders, and exceptions. It also describes the steps for obtaining a patent in India, which involves filing an application with supporting documentation and paying fees.
The document provides an overview of patent law in India, including:
1) A patent grants an inventor exclusive rights to an invention that is novel, useful, and non-obvious.
2) India's patent law has evolved since the 1850s through several Acts, with the current Patents Act coming into force in 1970.
3) The Act provides for patents on both products and processes, with a term of 20 years, and includes pre- and post-grant opposition provisions.
The document discusses patentable subject matter under Indian and international law. It provides definitions of invention and outlines what can and cannot be patented according to the Indian Patents Act of 1970 and TRIPS agreement. It discusses exclusions from patentability including those that are frivolous, contrary to public order or morality, or mere discoveries with examples of each.
The document discusses patentable subject matter under Indian and international law. It provides definitions of invention and outlines what can and cannot be patented according to the Indian Patents Act of 1970 and TRIPS agreement. It discusses exclusions from patentability including those that are frivolous, contrary to public order or morality, or mere discoveries with examples of each.
This document discusses what can and cannot be patented. It begins by defining a patent as an intellectual property right granted for an invention that is novel and industrially applicable. [It then lists exclusions such as inventions contrary to public order or morality.] Criteria for patentability include novelty, inventive step, and industrial applicability. The document discusses patentability in various countries over time, with some initially prohibiting pharmaceutical patents. [It examines sections of the patent law specifying inventions that cannot be patented, such as methods of treatment, plants, animals, and business methods.] The conclusion advocates that the patent system should not be the sole way to address ethical issues, and only inventions with clear social consensus of being unethical should
This document outlines various categories of inventions that are not patentable under Indian patent law. These include frivolous inventions, inventions contrary to natural laws, inventions whose commercial exploitation would be contrary to public order or morality such as gambling devices. Also not patentable are mere discoveries, new forms of known substances, new uses of known substances, admixtures, arrangements of known devices, methods of agriculture/horticulture, medical treatments, plants/animals, mathematical/business methods, computer programs, artistic works, schemes/rules, presentation of information, integrated circuit topographies, traditional knowledge, and inventions related to atomic energy.
BIOTECHNOLOGY PATENTS – STATUS OF PROTECTIONChiragZala6
The document discusses biotechnology patents in India. It provides background on intellectual property rights in biotechnology and how India's patent law was amended in 2002 to explicitly include biotechnology. Key points covered include what is and isn't patentable under Indian law for biotechnology, such as discoveries in nature not being patentable but purified biological materials produced through technical means can be. The legislative framework and policies governing biotechnology in India are also outlined.
The document provides an overview of pharmaceutical patenting in India. It discusses key topics such as the role of intellectual property rights (IPRs) like patents, trademarks, and trade secrets in the pharmaceutical industry. It also examines India's pharmaceutical industry evolution from pre-independence to present. Specific issues covered include requirements for patentability, types of pharmaceutical patents, Section 3(d) of the Indian Patents Act, evergreening practices, compulsory licensing provisions, and mail box applications. The document uses examples like the Novartis case related to Gleevec and Natco Pharma's compulsory license for Bayer's anti-cancer drug Nexavar to illustrate relevant legal concepts and issues in Indian pharmaceutical patenting.
Patent & other IPR concerns in Pharma, Chemical, Biotech etcPankaj Kumar
This document discusses intellectual property rights (IPR) concerns regarding pharmaceutical and biotechnological research. It provides an overview of the development of biotechnology and areas of patenting. Key points include: pharmaceuticals, chemicals and biotechnology are major areas where Indian organizations have obtained patents. The criteria for an invention to be patentable in India are that it must be novel, involve an inventive step, and be capable of industrial application. Some subjects are not patentable, including methods of treatment, plants, and essentially biological processes. The document also discusses issues like evergreening, compulsory licensing, and the Indian patent office's examination of biotechnological patents.
Patent awareness particularly in Bio-science related inventionsPankaj Kumar
The document discusses various topics related to life science patents and intellectual property rights (IPR) issues. It provides an overview of what constitutes a patent, patentable subject matter, and things that are not patentable. It also discusses various types of intellectual property, international bodies related to IPR, patent databases for prior art searches, components of a patent specification including claims, the patenting procedure, and considerations for drafting patent applications for biotechnological inventions and chemical patents.
An invention must satisfy novelty, inventive step, and industrial applicability to be patentable. However, certain types of inventions are considered non-patentable under Sections 3 and 4 of the act, even if they satisfy the above criteria. These include inventions that are frivolous, contrary to natural laws, harmful to humans/animals, mere discoveries of scientific principles, known substances or processes, plants/animals, mathematical/business methods, artistic works, schemes, presentations of information, or topography of integrated circuits. Inventions relating to atomic energy are also non-patentable.
This document provides information about patenting processes and requirements in India. It begins with an introduction to patents and what can be patented, including that inventions must be new, inventive, and useful. It then discusses the scope of patent protection and conditions of patentability under Indian law. Several categories of non-patentable inventions are outlined. The document concludes by describing the application process for patents in India, including required forms and fees, where to apply, and the process for granting a patent.
This document discusses patenting of biotech inventions in India. It outlines what types of biotech inventions are patentable, including nucleic acid sequences, protein sequences, antibodies, small molecules, methods of treatment, diagnosis and screening, machines, devices, and methods of making. It notes that mere discoveries of new forms or properties of known compounds are not patentable unless they differ significantly in efficacy. The document reviews requirements for patentability including novelty, inventive step, and industrial application. It also discusses specific considerations for patenting biotech inventions in India including deposit of biological material and exclusion of animal patenting.
The document discusses patents on plant varieties and plant breeding methods. It covers topics like UPOV conventions which allow protection of new plant varieties, characteristics of protectable plant varieties, provisions regarding plant patents in India, and examples of usual biotechnological patent applications. The document emphasizes that plants, animals, and essentially biological processes are not patentable as per Section 3(j) of the Indian Patents Act.
This document provides information on intellectual property rights and the patenting process in India. It defines what a patent is, outlines criteria for patentability including requirements that an invention be new, involve inventive step, and be capable of industrial application. It also lists exceptions under Indian law for inventions that cannot be patented, such as discoveries, theories, methods of agriculture, and more. The document discusses requirements for filing a patent application in India and the process from filing to grant of a patent.
11 years old presentation submitted as Project work: Golden Mantra to Perform Worldwide Patent Searches
Patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, usually 20 years from the filing date. A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned.
In order to obtain a patent, an applicant must provide a written description of his or her invention in sufficient detail for a person skilled in the art (i.e., the relevant area of technology) to make and use the invention.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
1. Legislative Framework ofLegislative Framework of
IP AdministrationIP Administration
DPS PARMARDPS PARMAR
Deputy Controller of Patents andDeputy Controller of Patents and
DesignsDesigns
2. Legislative Framework of IP AdministrationLegislative Framework of IP Administration
Department of IP &P covers
The Patents Act, 1970 (as amended in 2005)The Patents Act, 1970 (as amended in 2005)
The Patents Rules, 2003 (as amended in 2006)The Patents Rules, 2003 (as amended in 2006)
The Designs Act, 2000
The Designs Rules, 2001 (as amended in 2008)
The Trade Marks Act 1999
The Trade Marks Rules 2002
The Geographical Indications of Goods
(Registration & Protection) Act, 1999
The Geographical Indications of Goods (Registration &
Protection) Rules, 2002,
Department of Education covers
The Copyrights Act 1957 (amended in 1999)
3. CONTROLLER GENERAL OF PATENTS, DESIGNS
AND TRADEMARKS
(CGPDTM)
T M REGISTRY
DESIGN OFFICE
G.I. REGISTRY
Head Office
KOLKATA
Branch
DELHI
Branch
CHENNAI
Branch
MUMBAI
Head Office
MUMBAI
DELHI
KOLKATA
CHENNAI
A’BAD
IPTI ,NIIPM,
P.I.S. Nagpur
KOLKATA
PATENT OFFICE
CHENNAI
4. Law and Regulations
• Patents Act, 1970
– Amended in
• 1999
• 2002
• 2005
• Patents Rules, 2003
– Amended in
• 2005
• 2006
5. Legislative Measures -PatentsLegislative Measures -Patents
• From 1.1.1995
– Mail-Box for pharmaceutical and agrochemicals products
– Exclusive Marketing Rights
• From 1.1.2000
– Patent term increased to 20 years
– Definition of invention – inclusion of inventive step
– Reversal of burden of proof – on the infringer
– Mandatory compulsory licence provision for food, drugs
and chemicals removed
– Right of patentee (importation also included)
• From 1.1.2005
– Product patents for food, chemical and pharmaceutical
We have met our international commitments
6. 6
Patent Law - Salient Features
• Both product and process patent provided
• Term of patent – 20 years
• Examination on request
• Both pre-grant and post-grant opposition
• Fast track mechanism for disposal of appeals
• Provision for protection of bio-diversity and
traditional knowledge
• Publication of applications after 18 months
with facility for early publication
• Substantially reduced time-lines
7. 7
Safeguards in the Patent Law
• Compulsory license to ensure availability
of drugs at reasonable prices
• Provision to deal with public health
emergency
• Revocation of patent in public interest and
also on security considerations
9. What is an Invention?What is an Invention?
Sec.2(1)(J)Sec.2(1)(J)
“Invention” means a new product or
process involving an inventive
step and capable of industrial
application
10. Patentable subject matter
Invention mustInvention must
relates to a ProcessProcess or ProductProduct or
both
be new (Novel)
involves an inventive stepinventive step
be Capable of industrial applicationindustrial application
not fall under Section 3 and 4Section 3 and 4
11. “NEW”
MEANS
Invention must not beInvention must not be
Published in India or elsewhere
In prior public knowledge or prior public
use with in India
Claimed before in any specification in
India
12. Inventive step
A feature of an inventionfeature of an invention that
involves technical advance as
compared to the existing knowledge
or
have economic significance or both
and
makes the invention not obvious to
a person skilled in the art
14. Section 3 exclusions
Section 3(a)Section 3(a)
• Frivolous inventions
• Inventions contrary to well
established natural laws
ExamplesExamples
Machine that gives more than 100%
performance
Perpetual machine
15. Section 3 exclusions
Section 3(b)Section 3(b)
Commercial exploitation or primary useCommercial exploitation or primary use
of inventions, which isof inventions, which is
Contrary to
public order or
Morality
ExamplesExamples
– Gambling machine,
– Device for house-breaking ,
16. Section 3 exclusions
Section 3(b)Section 3(b)
Commercial exploitation or primary useCommercial exploitation or primary use
of inventions , whichof inventions , which
Causes serious Prejudice to
health or
human, animal, plant life or
to the environment
ExamplesExamples
Biological warfare material or device,
weapons of mass destruction
Terminator gene technology,
Embryonic stem cell
17. Checks and Balances
Section 3(b)Section 3(b)
Excludes patents on
• GMOs – exploitation of which could be
contrary public order or morality or
prejudicial to human, animal or plant life or
health or to the environment
Effect : Only genetically modified micro-
organisms (GMOs) which do not fall under
section 3 (b) are patentable.
18. Section 3 exclusions
Section 3 ( c )Section 3 ( c )
• Mere Discovery of a Scientific Principle or
• formulation of an Abstract Theory or
• discovery of any living thing or
• discovery of non–living substance occurring in
nature
ExamplesExamples
Newton’s Laws
Superconducting Phenomenon as such
Property of certain material to withstand
mechanical shock
Discovery of micro-organism
Discovery of natural gas or a mineral
19. Checks and Balances
Section 3(c)Section 3(c)
Excludes patents on
•Naturally occurring Micro-organisms
Effect
Genetically modified microorganisms (GMOs)
are however, patentable.
20. Section 3 exclusions
Section3 (d)Section3 (d)
The mere discovery of a new form of aThe mere discovery of a new form of a
known substance which does not resultknown substance which does not result
in the enhancement of the knownin the enhancement of the known
efficacy of that substanceefficacy of that substance
21. Section 3 exclusions
Section3 (d)Section3 (d) Explanation
For the purposes of this clause,
• salts, esters, ethers, polymorphs,
• metabolites, pure form, particle size,
• isomers, mixture of isomers,
• complexes, combinations and other derivatives of known substances
shall be considered to be the same substance, unless they
differ significantly in properties with regard to efficacyefficacy.
ExamplesExamples
– Crystalline forms of known substance
22. Checks and Balances
Section 3 (d) ExplanationSection 3 (d) Explanation
Effect
Salts, esters, ethers, polymorphs, metabolite, pure
forms, particle size, isomers, complexes,
combinations and derivatives of a known substance
with enhanced efficacy are patentable
23. Section 3 exclusions
Section3 (d)Section3 (d)
Mere discovery of any new propertyof any new property
or new use for a known substance oror new use for a known substance or
of the mere use of a known process,of the mere use of a known process,
machine or apparatus,machine or apparatus, unless suchunless such
known process results in a newknown process results in a new
product or employs at least one newproduct or employs at least one new
reactantreactant..
ExamplesExamples
– New use of Aspirin for heart ailments,
– Mere new uses of Neem
24. Section 3 exclusions
Section 3(e)Section 3(e)
Substance obtained by mere admixturemere admixture resulting only in
the aggregation of the properties of the components thereof or
a process for producing such substance
ExamplesExamples
Combiflam [Paracetamol (Antipyretic) + Brufen (analgesic)]
Solution of sugar and color additives in water to form a soft
drink
However,However,
A mixture resulting into synergistic properties of
mixture of ingredients however, may be patentable
- Soap, Detergents, lubricants etc
25. Checks and Balances
Section 3 ( e )Section 3 ( e )
EffectEffect
Substance obtained by mere admixture
resulting only in the aggregation of the
properties of the components thereof or
a process for producing such substance
are not patentable
HoweverHowever
Synergistic formulations are patentable
26. Section 3 exclusions
Section 3 ( f )Section 3 ( f )
Mere arrangement or re-arrangement
or duplication of known devices, each
functioning independently of one
another in a known way
ExamplesExamples
A Bucket fitted with torch,
An Umbrella with fan
A Clock and radio in a single cabinet
A flour-mill provided with sieving
27. Section 3(h)Section 3(h)
Method of Agriculture or Horticulture
ExamplesExamples
Cultivation of algae ,
Producing new form of a known plant,
Preparation of an improved soil
However,However,
Agricultural Equipments are patentable
Section 3 exclusionsSection 3 exclusions
28. Section 3(i)Section 3(i)
Any process for medicinal, surgical, curative, prophylactic,
diagnostic, therapeutic or other treatment of human beings
or a similar treatment of animals to render them free of
disease or to increase their economic value or that of
their products
ExamplesExamples
Removal of cancer tumor
Removal of dental plaque and carries
Surgical processes
Processes relating to therapy
Method of vaccination,
Blood transfusion
Section 3 exclusionsSection 3 exclusions
However ,
Treatment performed on tissues or fluids permanently removed from the body
Surgical,therapeutic or diagnostic Apparatus or instruments
are patentable
29. Section3 exclusions
Section 3(j)Section 3(j)
Plants & animals in whole or any part
thereof other than micro- organisms,
but including seeds, varieties an d
species and essentially biological
process for production or propagation
of plants & animals
30. Section 3 exclusions
Section 3(j)Section 3(j)
• Plants & animals in whole
• Parts of plants & animals
• Seeds
• Varieties & species
• Essentially biological processes
for propagation or production of
the animals & plants
31. Checks and Balances
Section 3(j)Section 3(j)
Excludes patents on
• Plants and animals in whole or any parts
thereof, …… including seeds, varieties and
species and essentially biological processes
for production or propagation of plants and
animals
ExamplesExamples
– Clones and new varieties of plants
– A process for production of plants or animals
if it consists entirely of natural phenomena
such as crossing or selection
– Essentially biological Process
32. Section 3(k)Section 3(k)
* mathematical method or
* business method or
* algorithms or
* computer programme per se
ExamplesExamples
– Computer program by itself or as a record on a
carrier
HoweverHowever
– New calculating machine
– combination of hardware and software
is patentable
Section 3 exclusions
33. Section 3(l)Section 3(l)
A literary,dramatic, musical or artistic work or any
other aesthetic creation including cinematographic
work and television productions
These subject-matters fall under the
copyright protection
Section 3 exclusions
34. Section 3(m)Section 3(m)
A mere scheme or rule or method of performing mental
act or method of playing game
ExamplesExamples
•Scheme for learning a language
•Method for solving a crossword puzzle,
•Method of learning a language
•Method of teaching /learning
However,
•Novel apparatus for playing game or carrying
out a scheme is patentable
Section 3 exclusions
35. Section 3 (n)Section 3 (n)
Presentation of information
ExamplesExamples
Any manner or method of expressing
information whether by
spoken words
Visual display
symbols
diagrams
Information recorded on a carrier
SectionSection 3 exclusions3 exclusions
36. Section 3 (o)Section 3 (o)
Topography of integrated
circuits.
ExamplesExamples
Mask works - circuits layout
SectionSection 3 exclusions3 exclusions
37. Section 3 (p)Section 3 (p)
Inventions which are
Traditional Knowledge or an aggregation or duplication of known
properties of traditionally known component or components
ExamplesExamples
Traditional Knowledge already in public domain
- Wound healing property of Haldi
However,
Any value-addition using Traditional Knowledge leading to
a new process or product ,which is novel with inventive
step and industrial applicability,
Extraction of Azadirachtin from Neem
can be patented
SectionSection 3 exclusions3 exclusions
38. Section 4Section 4
Inventions falling within Section 20(1)
of the Atomic Energy Act, 1962 are not
patentable
Effect
Inventions relating to compounds of Uranium, Beryllium, Thorium,
Plutonium, Radium, Graphite, Lithium and more as notified by Central
Govt. from time to time.
Non Patentable inventionsNon Patentable inventions
39. Stages from filing to grantStages from filing to grant
of a patentof a patent
40. Obtaining a patent
• File an application for patent
– With one of the patent offices based on territorial
jurisdiction of the place of office or residence of the
applicant /agent
– Pay the required fee
• Information concerning application form and
details of fee available at www.ipindia.nic.in
• Guidelines for applicants also available on this
website
41. Formality Check
• An Examiner checks the formal
requirements before accepting the
application and the fee – this is done
immediately
• Issue of application number and the cash
receipt – this is done the same day
• In case of receipt of application by post,
cash receipt, application number is sent
by post within 2-3 days
42. Publication
• Application is kept secret for a period of 18
months from the date of filing
• In 19th
month, the application is published in the
official journal – this journal is made available on
the website weekly
• Applicant has an option to get his application
published before 18 months also
• In that case, application is published within one
month of the request
43. Request for Examination
• Application is examined on request
• Request for examination can be made
either by the applicant or by a third party
• A period of 48 months, from the date of
filing, is available for making request for
examination
44. Examination
• Application is sent to an Examiner within
1 month from the date of request for
examination
• Examiner undertakes examination w.r.t.
– whether the claimed invention is not
prohibited for grant of patent
– whether the invention meets the criteria of
patentability
45. Issue of FER
• A period of 1 to 3 months is available to
Examiner to submit the report to the
Controller
• 1 month’s time available to Controller to
vet the Examiner’s report
• First Examination Report (FER) containing
gist of the objections is issued within 6
months from the date of filing of request
46. Response from the Applicant
• 12 months’ time, from the date of issue of
FER, is available to the applicant to meet
the objections
• If objections are met, grant of patent is
approved by the Controller – within a
period of 1 month
47. Pre-grant Opposition
• After publication, an opposition can be
filed within a period of 6 months
• Opportunity of hearing the opponent is
also available
49. Consideration of
Pre-grant Opposition
• After examining the opposition and the
submissions made during the hearing,
Controller may
– Either reject the opposition and grant the
patent
– Or accept the opposition and modify/reject
the patent application
• This is to be done within a period of 1
month from the date of completion of
opposition proceedings
50. Grant of a Patent
• A certificate of patent is issued within 7
days
• Grant of patent is published in the official
journal
51. STAGES - FILING TO GRANT OFSTAGES - FILING TO GRANT OF
PATENTPATENT
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
Revocation/Amendment
OPPOSITION
• PROMPTLY AFTER 18 MONTHS FROM P.D.
• WITHIN 48 MONTHS FROM F.D.
• ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
• IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS
• WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL. / COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
AppellateAppellate BoardBoard
52. Renewal Fee
• To be paid within 3+6 months from date of
recording in the register [sec 142 (4) ]
• No fee for 1st
and 2nd
year
• Renewal fee, on yearly basis, is required to be
paid for 3rd
to 20th
for keeping the patent in force
• Delay upto six months from due date
permissible on payment of fee for extension of
time
• Patent lapses if renewal fee is not paid within the
prescribed period
53. D.P.S. PARMARD.P.S. PARMAR
Deputy Controller of Patents and DesignsDeputy Controller of Patents and Designs
Tele-Fax 091-11-23062307
Tele 091-11-28084310
Website: www.ipindia.nic.in
E-mail- dps.parmar@nic.in