PATENTS

Give a Thought ..
Can I get a patent for every invention that I make? Slog for years together , come up with a brilliant Gene

Terminator Technology?
Claim for patenting my own made gambling

machine?

Know the secrets of a fresh invention made, give it for

patenting before the inventor does?

Claim patent for the discovery of a new scientific principle

called Naveens theorem?

WHAT IS A PATENT?
A Patent is a grant For an invention By the government To the inventor In exchange for full disclosure of information

What Can Be Patented

Any invention concerning with

Composition ,construction or manufacture Of a substance, Of an article Of an apparatus An industrial type of process

Prerequisites for a patent

Any invention which is

1. New*
2. Involves technical advance as compared to the existing

knowledge 3. Makes the invention non obvious to a person skilled in that art

NEW
MEANS
Invention must not be
Published in India or elsewhere In prior public knowledge or prior public use with in India Claimed before in any specification in India

Product and Process patents

The difference is in the name. A product patent allows

rights (including exclusive manufacturing and marketing rights) relating to the object, while a process patent relates to a means. A product patent grants more benefits to the owner.

STAGES FROM FILING TO GRANT OF A PATENT

CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS

(CGPDTM)
PATENT OFFICE IPTI ,NIIPM, P.I.S. Nagpur T M REGISTRY G.I. REGISTRY

Head Office KOLKATA

DESIGN OFFICE

Head Office MUMBAI

CHENNAI

Branch DELHI
Branch CHENNAI Branch MUMBAI

KOLKATA

DELHI

KOLKATA

CHENNAI

ABAD

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

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

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

Pre-grant Opposition
After publication, an opposition can be filed within a

period of 6 months
Opportunity of hearing the opponent is also available

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

Grant of a Patent
A certificate of patent is issued within 7 days Grant of patent is published in the official journal

STAGES - FILING TO GRANT OF PATENT

FILING OF APPLICATION PROVNL. / COMPLETE
IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS

PUBLICATION OF APPLICATION

PROMPTLY AFTER 18 MONTHS FROM P.D.

REQUEST FOR EXAMINATION

WITHIN 48 MONTHS FROM F.D.

EXAMINATION-ISSUE OF FER

3rd Party Representation

ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS

GRANT OF PATENT
WITHIN 12 MONTHS

OPPOSITION

Decision of Controller Appeal

Appellate Board

Revocation/Amendment

Are patents global or national?

Technically national, given that the designated authority in

each country grants patents in that country. Globalization of organizations- TRIPs, Patent Cooperation Treaty (PCT) and Substantive Patent Law Treaty patenting systems- making multilateral agreements, like are increasingly being globalised. World Intellectual Property Organisation(WIPO) may even bring a confluence of the decision-making processes in many countries.

TRIPs: Trade Related aspect of IPR

 For how many years does a patent remain valid?

TRIPS mandates a 20-year patent protection. India, too,

allows the same duration.

Patent Infringing
Who is responsible for ensuring that the patent has

not been infringed? sole responsibility of the patentee to see that his patents are not being infringed upon by someone else. It is the patentee's duty to file a suit of infringement against the infringer.

Does a Patentee get money once a patent has been granted to him?
No. Patentee has to sell it to a third party The inventor has to spend lot of money to get the patent

rights over his invention and also to spend lot of money to maintain his patent.

Prevent patent misuse

What other options are there to prevent patent

misuse? The government can revoke a patent where it is found to be mischievous to the state or prejudicial to the public.

Legislative Framework of IP Administration

Department of IP &P covers

The Patents Act, 1970 (as amended in 2005)
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)

Law and Regulations

Patents Act, 1970 Amended in
1999 2002 2005

Patents Rules, 2003 Amended in

2005 2006

Legislative Measures -Patents

From 1.1.1995 From 1.1.2000
Mail-Box for pharmaceutical and agrochemicals products Exclusive Marketing Rights

From 1.1.2005

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)
Product patents for food, chemical and pharmaceutical

We have met our international commitments

25

Safeguards in the Patent Law

Compulsory license to ensure availability of drugs at

reasonable prices Provision to deal with public health emergency

What Cannot be patented

Any artistic creation

Mathematical methods
Business scheme Anything prohibited by the national patent laws as listed in

sections 3 and 4 of the Patent Act

Hope you got the answers to the questions in the first slide