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7/31/2019 Concepts Related to Patents
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GUIDED BYDr. Dheeraj T. Baviskar
CO-GUIDED BYMr Mangesh K. Sapate
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Contents:
Introduction
Types of Patents
Criteria for Securing a Patent Procedure for Securing a Patent
Documents Required to File a Patent
Standard Format for Preparing aSpecifications For Patent
References2
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Introduction
Definition of Patent
It is a monopoly with exclusive rights.
A grant by the Government given for disclosing a new
invention.
For limited period of time (20 Yrs)
A patent is a set ofexclusive rights granted by a state
(National Government) to an inventor or their assignee
for a limited period of time in exchange for a public
disclosure ofan invention
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Objectives of Patent System
To encourage inventions.
To breed inventions.
To update industrial development by working of
patented inventions on commercial scale.
Avoiding reinventing wheel.
To contribute to the development of industries,
promotion of the technological innovation.
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Advantages of Patenting
Avoids duplication of research.
Keeps abreast with latest development in different fields
of technology.
Helps industry to improve existing technology to
produce cheaper & better product.
Serves as an indicator of achievements in R & Dinstitutions and ability of individual researcher.
Helps to frame business strategy according to trend of
technology. 5
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Types of Patent
Mainly there are three types of Patents
viz...
1. Ordinary Patent.
2. A Patent of addition.
3. A Patent granted under convention
agreement.
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1. Ordinary Patent A Patent granted based on the ordinary application
made.
2. A Patent of addition
The application is made for the improvement ormodification described in main invention.
If modification is a kind of new invention, thecontroller may add it as the addition withpermission of the patentee.
The term is same as that main invention
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No any renewal fees shall be payable in respect of
Patent of addition.
If any such Patent becomes an independent Patent,same fees will be payable for that, under the same
date.
3. A Patent Granted underConvention Agreement
An application made in a convention country.
It is filed under section 135.
It has to be made within 12 months from the date of
first application made in convention country, in respect
of that invention. 8
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Criteria for Securing a Patent
Whenever an invention is Patentable, it should be
technical and possess three basic
characteristics
New Product or Process (Novelty).
Involving Inventive Step (Non-obviousness).
Capable of Industrial Application (Utility).
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New Product or Process(Novelty)
The invention must be new one.
Should not be known or published anywhere in theworld on the date of filling of an application.i.e. Novelty is not something which can be proved orestablished, only its absence can be proved.
Should not be in prior public knowledge or priorpublic use with in India or in the World.
Should not be claimed before in any specification in
India or elsewhere. 10
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Non-obviousness
The invention posses sufficient inventive steps.
i.e. invention that involves technical advance as
compared to existing knowledge or having economicsignificance or both.
That makes invention not obvious to a person skilledin the same art.
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Utility (Industrial Applicability)
It is essential that subject matter have some practical
application.
Theorems and algorithms are not included in
patentability.
Industrial applicability means a technical activity on a
certain scale.
It also explained that it can be reproduced. The main characteristics of this industrial applicability
is that, it has its commercial use.
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Prior Art It also known as state of art which has some
background. (Historical background of relatedinvention)
If any invention has been described in prior art, then
that Patent on that invention is not valid.
Information which is kept secrete for instance as a trade
secrete is not a prior art.
It gives information about the sufficient description of
any invention to inform an average worker in the field.
It generally does not include unpublished work or
mere conversations.
Traditional knowledge may constitute a prior art. 13
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Provisional Specification
Secures priority date. May be filed as soon as Patentable idea comes in
mind.
Discloses essential featuresof invention. Patent is granted on complete specification only. Time limit to File C.S. is 12 Months From P.S.
Complete specification discloses the bestmethod of performing the invention andend with claims defining the scope of the
invention. 14
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Procedure for Securing a Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
EXAMINATION U/S 12
GRANT OF PATENT
After 18 months from P.D.
Within 48 months of F.D.
All objections to be completed
within12 months
If P.S. is filed C.S. to be filed
within 12 months
FILING OF APPLICATION ALONG WITH P.S.
Refusal of Representation
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Documents Required to File aPatent
Application form in duplicate. Provision or complete specification in duplicate. Drawing in duplicate (if necessary). Abstract of an invention in duplicate. Information and undertaking listing the number,
filing date. Priority document in conventional application. Power of attorney (if filed through Patent agent) Fees (to be paid in cash/ by cheque/ demand
draft).
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Standard Format for Preparing
a Specification for Patent Field of invention.
Background of the invention.
Description of the prior art.
Draw backs of prior art.
Objective of invention developed.
Summary of the invention with essential new features.
Detailed description of the invention.
Advantages of the invention.
Statement of claims defining the scope protection.
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References
Subbaram,N.R.,What Everyone Should Knowabout Patents, Pharma Book Syndicate,Hyderabad, 17.
Raghvan, S., Patenting in India, module 2nd,NALSAR University of Law, Hyderabad, 14-15.
Raghvan, S., Introduction to IPR and Patents,
module 1st, NALSAR University of Law,Hyderabad, 22-25.
The Patent Act 1970, Professional BookPublishers, Delhi, a3-a7.
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