PATENTSWhat is a patent?Patent is a grant for an invention by the government to theInventor in exchange for full disclosure of the invention to debarothers to exploit the invention for commercial success for alimited period within the geographical boundaries.Advantages: Scientific & technological knowledge not kept secret. Publication of details stimulates other inventive minds. Rewards the inventive mind by giving the patentee alegal monopoly to make use of his invention to hiseconomic benefit.Each country has its own patent laws and one must fileapplication in each country where the patent protection issought.
Patents Act, 1970Amended in 1999 2002 2005Laws and Regulations in IndiaPatents Rules,2003Amended in 2005 2006
An invention must relate to a PROCESS or PRODUCT or both and satisfy thefollowing conditions:What is an INVENTION?• Must not be published previously.• Must not be in prior public knowledge orprior public use.NOVELTY• It must involve an inventive step notobvious to a person skilled in the art.INVENTIVENESS/NON OBVIOUSNESS• Must be capable of being made or used inany industry.• Patent not granted for an invention devoidof utility.INDUSTRIALAPPLICATION
Frivolous inventions & inventions contrary to well established natural laws.• Machines that give more than 100% performance.Intended use of invention is contrary to law/morality or injurious to public health.• Gambling machine• Device for house breaking• Biological warfare material, weapons of mass destruction.Laws of nature/Mere discovery of scientific principles/Formulation of abstract theory.• Wind, gravity, Newton’s laws, Raman effectDiscovery of any living or non living substance occurring in nature.• Discovery of microorganisms.• Discovery of natural gas or a mineral.What CAN’T be patented?
What CAN’T be patented?Substance obtained by mere admixture (Only aggregation of properties)• Combiflam [Paracetamol (Antipyretic) + Brufen (analgesic)]• However, synergistic formulations are patentable.Mere arrangement or rearrangement of known devices .• A clock and radio in single cabinet.Mere discovery of any new property or new use for a known substance or of the mereuse of a known process, machine or apparatus, unless such known process results in anew product or employs at least one new reactant.• New use of Asprin for heart ailments• Mere new uses of Neem.Inventions relating to atomic energy
Stages : From Filing To Grant Of PatentFile an application for patentWith one of the patent offices based on territorial jurisdiction of the place ofoffice or residence of the applicant /agent.Pay the required fee.Information concerning application form and details of fee available atwww.ipindia.nic.in
PUBLICATION OF APPLICATIONREQUEST FOR EXAMINATIONGRANT OF PATENT3rd Party RepresentationRevocation/AmendmentPOST GRANTOPPOSITIONPROMPTLY AFTER 18 MONTHSWITHIN 48 MONTHSALL OBJECTIONS TO BE COMPLIED WITHIN 12MONTHSIF P.S. IS FILED C.S. TO BE FILED WITHIN 12MONTHSWITHIN 12 MONTHSFILING OF APPLICATION(Provisional / Complete Specification)Decision of ControllerEXAMINATION-ISSUE OF FERAppealAppellate Board
Patent SpecificationsThere are two types of patent documents usually known as PATENT SPECIFICATIONS:Provisional Specification Complete Specification Usually filed to establish priority ofinvention. When invention is at conceptual stageand delay is expected in submitting fulldescription. Has to be followed by completespecification. Improvements effected during courseof development of details of theinvention can be incorporated in thecomplete specification. The inventor can test commercialpossibilities, can abandon theapplication if not found to becommercially viable.Has to be filed within 12 months from dateof filing of provisional specification. CS should satisfy the following conditions:1.Full description of invention, its operationor use & the method by which it is to beperformed.2. Disclose the best method of performingthe invention for which the applicant isentitled to claim protection.3. End with a claim or claims defining thescope of the invention for which protection isClaimed.
PublicationApplication iskept secret fora period of 18months fromthe date offilingIn 19th month,the applicationis published inthe officialjournal– this ismade availableon the websiteweeklyApplicant hasan option toget hisapplicationpublishedbefore 18months.In that case,application ispublishedwithin onemonth of therequest
Request For Examination• Application is examined on request.• Request for examination can be made either bythe applicant or by a third party.• A period of 48 months, from the date of filing,is available for making request for examination.
ExaminationApplication is sentto an examinerwithin 1 monthfrom the date ofrequest forexaminationExaminerundertakesexamination withrespect to :Whether the claimed invention isnot prohibited for grant of patentWhether the invention meets thecriteria of patentability
Issue Of FER & Applicant’s response• A period of 1 to 3 months is available to examiner to submit the reportto the Controller• 1 month’s time available to Controller to vet the examiner’s report• First Examination Report (FER) containing gist of the objections isissued within 6 months from the date of filing of request• 12 months’ time, from the date of issue of FER, is available to theapplicant to meet the objections• If objections are met, grant of patent is approved by the Controller –within a period of 1 month
Grant of Patent In IndiaRevocation Of PatentPatent TermOnce approved, a certificate of patent is issued within 7 days.Grant of patent is published in the official journal.Any patent which is granted will be valid for a maximum term of 20 yearsfrom the date of filing or priority, whichever is earlier.However, to keep the patent active for the said 20 years, the patent should berenewed every year.Revocation of patent is cancellation of the patent grant.Once the patent is granted by the controller, if any person desires to cancelthe patent then he has to file a revocation petition before the High Court.The grounds for such a petition have been mentions under Section 64 ofPatents Act
Renewal FeeTo be paid within 3+6 months from date of recording in theregister [sec 142 (4) ].No fee for 1st and 2nd year.Renewal fee, on yearly basis, is required to be paid for 3rd to20th for keeping the patent in force.Delay upto six months from due date permissible on payment offee for extension of time . Patent lapses and becomes public property if renewal fee isnot paid within the prescribed period. Thereafter, it cannot be re-patented as novelty of invention is lost.
InfringementAn infringement mayoccur where theaccused infringer hasmade, used, sold,offered to sell, orimported a patentedinvention without theconsent of the owner.A patent is infringedeven if it infringes asingle independentclaim in a patent.
TYPESOFINFRINGEMENTINDIRECTDIRECTTo make, use, or sell thepatented invention withoutpermission from thepatentee.To actively encourageanother to make, use, or sell apatented invention withoutpermission.CONTRIBUTORYINDUCEDKnowingly sell or supply a partorcomponent of the patentedinvention to another.Act of actively inducinganother to infringe a patent.
Is It Possible To Get a World Wide Patent?In the current state of the international patent system, no.There is no one patent that covers every country in the world, or even alarge number of the countries of the world. The patent system is still aterritorial system; in order to be protected in a particular country, youhave to be granted a patent in that country.However, there is an international agreement administered by WIPOcalled the Patent Cooperation Treaty (PCT), for the filing, searching,publication and examination of international applications. The PCTmakes it easier to obtain patents in the Contracting States by providingfor the filing of one international application, which may besubsequently prosecuted in the different designated national orregional Offices of States party to the PCT. However, even under thePCT, the granting of patents is left to those designated Offices.
COPYRIGHTCopyright may be applied toLiterature –•Fiction and non-fiction, books and journalsArtistic worksMusicBroadcastsInternet contentIt gives the author or artist control over the useand publication of their material.It confers both economic and moral rights.
Cannot CopyrightTitles, names, short phrases, and slogans; familiarsymbols or designs; mere listings of ingredients orcontentsIdeas, procedures, methods, systems, processes,concepts, principles, discoveries, or devicesStandard calendars, height and weight charts, tapemeasures and rulers, and lists or tables taken frompublic documents
Copyright Criteria•ORIGINAL WORK IN TANGIBLE MANNER.•NOTHING TO DO WITH QUALITY.•AUTHORS UNIQUE EXPRESSION.•NO COPYRIGHT OF IDEA ONLY EXPRESSION.
Fair UseFair use is one of the exceptions in copyright which allows use ofcopyrighted materials without obtaining permission as long as the use can beconsidered fair.There is a four-factor analysis which must be applied to each use todetermine whether the use is fair.• Addresses the character and purpose of the use ofthe work.First Factor: Purpose andCharacter• Looks at the creativity of the work. Creative workshave more protection than factual ones.Second Factor: Nature ofWork• Looks at the amount of the work that is being usedThird Factor: Amount• Takes into account how the intended use wouldimpact the market for the work.Fourth Factor: MarketEffect
InfringementCopyright infringement (or copyright violation) isthe unauthorized or prohibited use of workscovered by Copyrights Act, 1957 (Amended in1999)Three elements that must be in place in order forthe infringement to occur.1.The copyright holder must have a validcopyright.2.The person who is allegedly infringing musthave access to the copyrighted work.3.The duplication of the copyrighted work mustbe outside the exceptions.
TRADEMARKSA trademark is a type ofintellectual property.Typically a name, phraseword, logo, symbol, design,image and a combination ofthese elements thatdistinguish & identify goodfrom others.
Laws and Regulations in IndiaTRADE MARKSACT1999TRADE MARKSRULES2000
Symbols For TrademarkBEFOREREGISTRATIONAFTERREGISTRATION