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Patent aPPlications &

Drafting ProceDure

Presented By:

Dr. Rajeev Kumar (CSE)


DTU, Delhi

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patents
According to WIPO, A patent is an exclusive right
granted for an invention, which is a product or a
process that provides, in general, a new way of doing
something, or offers a new technical solution to a
problem.

Legislation of Patent is Indian Patent act, 1970.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Criteria of Patent
 Novelty: Invention not known to public prior to claim
by inventor
 Inventive Step: Invention should not be obvious to a
person with ordinary skill in the art (POSA) and have
some technical advancement.
 Industrial Application: Invention can be made or
means an invention should have commercial value in
the market.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


What can not be patented?
A frivolous invention or the one contrary to
established natural law: A device for housebreaking or a
gambling machine cannot be granted a patent. An
application that helps one hacking to email accounts of
others can also not be patented. A terminator gene
technology cannot be patented as it poses a severe threat to
the animal and plant life as well as to the environment.
 The mere discovery of a scientific principle or the
formulation of an abstract theory or discovery of any
living thing or non-living substance occurring in
nature is not patentable. This means the discovery of an
existing phenomenon like natural gas, or an element
cannot be patented. It is for the simple reason that the
discovery of the phenomenon or the theory is not an
invention i.e., neither a new process nor a new product but
a mere finding.
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
What … patented? Cont…
 Similarly, the mere discovery of any new form of a known
substance which does not result in the enhancement of the
known efficacy of that substance or mere discovery of any new
property or new use for a known substance or of the mere use of a
known process, machine or apparatus unless such process results
in a new product or employs at least one new reactant cannot be
patented.
 New uses of the plant neem cannot be patented as per this clause.
However, salts, esters, ethers, polymorphs, metabolites, pure forms,
particle size, isomers, complexes, combinations, and derivatives of a
known substance with enhanced efficacy are patentable. Clause (e)
excludes substances obtained by a mere admixture resulting only in the
aggregation of the properties of the components is not patentable nor
is the process by which such substance is obtained. However,
synergistic formulations are patentable. It means an admixture where
one drug increases the other’s effectiveness will be considered an
innovation to be patented under the Act.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


What … patented? Cont…
 Mere arrangement or re-arrangement or duplication of
known devices, each functioning independently of
one another in a known way is excluded under clause (f).
Thus, a torch attached to a bucket or a clock and a radio in
a single closed cabinet cannot be patented as they work
independently of each other. But, if such an arrangement
results in different use of the combined product, then it is
patentable.

 A method of agriculture or horticulture, for example, a


new type of soil or an original process of cultivating wheat,
cannot be patented. But this clause does not exclude filing
for a patent of a new, better working agricultural
equipment.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


What … patented? Cont…
 Any process for the medicinal, surgical, curative,
prophylactic diagnostic, therapeutic or other
treatment of human beings or any process for a
similar treatment of animals to render them free
of disease or to increase their economic value or
that of their products for an example process of
carrying out a surgery or blood transfusion is not
patentable. It is important to note that processes, in
this case, are not considered inventions. However,
systems and apparatuses are still regarded as
patentable subject matter.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


What … patented? Cont…
 A mathematical method or business method or algorithms or computer
programme per se is not patentable under clause (k). This exclusion of
computer programmes per se has raised a variety of questions about software
patentability in India in the growing technological and digital world.
Therefore, a computer program code in itself can be given protection under the
Copyrights Act as a “literary work” but is not patentable. However, a new
calculating machine or combination of hardware and software is patentable.

 A literary, dramatic, musical, or artistic work or any other aesthetic


creation whatsoever, including cinematographic works and television
productions, comes under the Copyrights Act protection and therefore is left
out of the purview of Patents Act. A mere scheme or rule or method of
performing a mental act or method of playing game example method of
learning a language, or solving a crossword puzzle, etc., is excluded from
Patent Law application. However, novel apparatus for playing a game or
carrying out a scheme is patentable. Presentation of information in any
manner or method by spoken words, visual display, diagrams, or symbols is not
be covered under the Patent Act.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


What … patented? Cont…
 Presentation of information in any manner or method by spoken words, visual display,
diagrams, or symbols is not be covered under the Patent Act. The topography of
integrated circuits is also not patentable. They can only seek protection under the
Semiconductor Integrated Circuit Layout-Designs Act. Inventions that are of
traditional knowledge or aggregation or duplication of known properties of the
traditionally known component or components are not patentable. However, any
value-addition using traditional knowledge leading to a new process or product, which is
novel with inventive step and industrial applicability, can be patented, for example, the
extraction of a natural insecticide Azadirachtin from Neem.

 Section 4 excludes inventions relating to atomic energy falling within Section 20(1)
of the Atomic Energy Act, 1962. It says that no patents shall be granted for inventions
which in the opinion of the Central Government are useful for or relating to the
production, control, use or disposal of atomic energy or the prospecting, mining,
extraction, production, physical and chemical treatment, fabrication, enrichment,
canning or usefulness of any prescribed substance or radioactive substance or the
ensuring of safety in atomic energy operations. This exclusion makes it evident that
public interest is of prime importance to our patent lawmakers. This exclusion ensures
that any invention out of atomic energy, if patented, can result in a disastrous effect for
the public at large.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Guidelines for Computer related
inventions
 If system/device/apparatus claims are worded in such a way that they
merely and only comprise of a memory which stores instructions to
execute the previously claimed method and a processor to execute these
instructions, then this set of claims claiming a system/device /apparatus
may be deemed as conventional and may not fulfil the eligibility criteria
of patentability.

 Mere manipulations of abstract idea or solving purely mathematical


problem/equations without specifying a practical application also
attract the exclusion under this category.

 Also, such exclusions may not apply to inventions that include


mathematical formulae and resulting in systems for encoding, reducing
noise in communications/ electrical/electronic systems or encrypting/
decrypting electronic communications.
 The computer programme per se is excluded from patentability under
section 3 (k) apart from mathematical or business method and
algorithm.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Briefly..
 An idea that is frivolous or which claims anything contrary to the
established natural laws. An invention, the primary or intended use of
which would be contrary to law or injurious to public health.
 A substance obtained by merely mixing, resulting in aggregation of
properties of the components thereof or a process for producing such
substance. The mere arrangement or re-arrangement or duplication of
known devices cannot be patented.
 Any process for the medicinal, surgical, curative or other treatment of
human being or any process for similar treatment of any animal or
plant to render them free from disease.
 Any process relating to agriculture and horticulture.
 Grants are not given for patents relating to Atomic energy. e.g.
inventions relating to uranium, beryllium, thorium, radium, graphite,
lithium and more as specified by Central Government.
 The topography of integrated circuits cannot be patented in India.
 Gambling machine cannot be patented.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Tips to claim protection for algorithms:

•Filling description of the hardware along with the AI algorithms

•Use claim for the working method of the device which uses an algorithm

•Withhold yourself from focussing completely upon the codes and the
algorithms.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
WHO Can File PATENT Application In
INDIA

Either alone or jointly:

✔ By any person claiming to be true and first


inventor(s)
✔ By any person being the assignee of person claiming
to be true and first inventor(s)
✔ By the legal representative

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Procedure For Obtaining A PATENT

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PROCEDURE FOR REGISTRATION OF
PATENT IN INDIA
1. APPROPRIATE OFFICE FOR FILING AN APPLICATION & FOR
OTHER PROCEEDINGS
✔ Application is required to be filed according to the territorial limits
where the applicant or the first mentioned applicant in case of joint
applicants, for a patent normally resides or has domicile or has a place
of business or the place from where the invention actually originated.
✔ If the applicant for the patent or party in a proceeding having no
business place or domicile in India, the appropriate office will be
according to the address for service in India given by the applicant or
party in a proceeding .
✔ The appropriate office once decided in respect of any proceedings
under the Act shall not ordinarily be changed. The four patent offices
are located at Kolkatta, Mumbai, Delhi & Chennai.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PROCEDURE FOR REGISTRATION OF
PATENT IN INDIA (Cont.)
2. PUBLICATION & EXAMINATION OF PATENT APPLICATIONS
✔ All the applications for patent, except the applications prejudicial to
the defence of India or abandoned due to non-filing of complete
specification within12 months after filing the provisional or withdrawn
within 15 months of filing the application, are published in the Patent
Office Journal just after 18 months from the date of filing of the
application or the date of priority whichever is earlier.
✔ The publication includes the particulars of the date of the application,
application number, name and address of the applicant along with the
abstract. The applications for patent are not open for public inspection
before publication.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PROCEDURE FOR REGISTRATION OF
PATENT IN INDIA (Cont.)
2.1 Early Request for Publication :
✔ The applicant may also file a request for early publication
in Form-9 with a prescribed fee of Rs 2500/- or Rs 10,000/-
for natural person and other than natural person
respectively.
✔ The above application is published ordinarily within one
month from the date of the request on Form-9. The
applicant shall have provisional Rights from the date of
publication.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PROCEDURE FOR REGISTRATION OF
PATENT IN INDIA (Cont.)
2.2 Request for examination:
✔ No application for patent will be examined if no request is made by
the applicant or by any other interested person in Form-18 with
prescribed fee of Rs.2,500/- or Rs.10,000/- for natural person and other
than natural person respectively, within a period of 48 months from the
date of priority of the application or from the date of filing of the
application ,whichever is earlier.
✔ Where no request for examination of the application for patent has
been filed within the prescribed period, the aforesaid application will be
treated as withdrawn and, thereafter, application cannot be revived.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PROCEDURE FOR REGISTRATION OF
PATENT IN INDIA (Cont.)
2.3 Examination:

✔ Application for patent, where request has been made by the applicant or by
any other interested person, will be taken up for examination, according to the
serial number of the requests received on Form 18.
✔ A First Examination Report (FER) stating the objections/requirements is
communicated to the applicant or his agent according to the address for service
ordinarily within six (06) months from the date of request for examination or
date of publication whichever is later.

✔ Application or complete specification should be amended in order to meet the


objections/requirements within a period of 12 months from the date of First
Examination Report (FER). No further extension of time is available in this
regard.
✔ If all the objections are not complied with within the period of 12 months, the
application shall be deemed to have been abandoned. When all the
requirements are met the patent is granted, after 6 months from the date of
publication, the letter patent is issued, entry is made in the register of patents
and it is notified in the Patent Office, Journal .
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
PROCEDURE FOR REGISTRATION OF
PATENT IN INDIA (Cont.)
2.4 WITHDRAWAL OF PATENT APPLICATION

✔ The application for patent can be withdrawn at least 3(Three)


months before the first publication which will be 18(Eighteen)
months from the date of filing or date of priority whichever is
earlier.
✔ The application can also be withdrawn at any time before the
grant of the patent.

✔ The application withdrawn after the date of publication, cannot


be refiled as it is already laid open for public inspection. However,
application withdrawn before the publication can be refiled
provided it is not opened to public otherwise.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PROCEDURE FOR REGISTRATION OF
PATENT IN INDIA (Cont.)
3 OPPOSITION PROCEEDINGS TO GRANT OF PATENTS
3.1. PREGRANT OPPOSITION

Where an application for a patent has been published but a patent has not been granted, any person may, in writing represent by way of
opposition to the Controller against the grant of any Patent. The representation shall be filed at the appropriate office and shall include a
statement and evidence, if any, in support of the representation and a request for hearing if so desired. The above representation may be
made on the following grounds –

✔ (a) that the applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention
or any part thereof from him or from a person under or through whom he claims;

✔ (b) that the invention so far as claimed in any claim of the complete specification has been published before the priority
date of the claim.

✔ (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete
specification published on or after the priority date of the applicant’s claim and filed in pursuance of an application for a
patent in India, being a claim of which the priority date is earlier than that of the applicant’s claim;

✔ (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used
in India before the priority date of that claim.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PROCEDURE FOR REGISTRATION OF
PATENT IN INDIA (Cont.)
Explanation —For the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deemed to
have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had
already been imported into India before that date except where such importation has been for the purpose of reasonable trial or
experiment only;

✔ (e) that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any
inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before
the priority date of the applicant’s claim;

✔ (f) that the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable
under this Act;

✔ (g) that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be
performed;

✔ (h) that the applicant has failed to disclose to the Controller the information required by section 8 or has furnished the information
which in any material particular was false to his knowledge;

✔ (i) that in the case of convention application, the application was not made within twelve months from the date of the first
application for protection for the invention made in a convention country by the applicant or a person from whom he derives title;

✔ (j) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material
used for the invention;

✔ (k) that the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge,
oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground.

The Controller shall, if requested by such person for being heard, hear him and dispose of such representation. If the opposition is
decided in favour of the applicant, the patent
Dr. Rajeev is granted
Kumar andofthe
(Dept. grant
CSE, DRUof Patent
Delhi)is published in the Patent Office Journal thereby
opening the application, specification and other related documents for public inspection on payment of prescribed fee.
PROCEDURE FOR REGISTRATION OF
PATENT IN INDIA
4. GRANT OF PATENT
✔ When all the requirements of the FER are met or in case of opposition under section
25(1),if the opposition is decided in favour of the applicant ,the patent is granted, after 6
months from the date of publication under section 11 A, the letter patent is issued, entry
is made in the register of patents and it is notified in the Patent Office, Journal, thereafter
opening the application ,specification and other related documents for public inspection
on payment of prescribed fee.
4.1. TERM AND DATE OF PATENT
✔ Term of every patent will be 20 years from the date of filing of patent application,
irrespective of whether it is filed with provisional or complete specification. Date of
patent is the date on which the application for patent is filed.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PROCEDURE FOR REGISTRATION OF
PATENT IN INDIA
4.2 POST_GRANT OPPOSITION:
✔ Any interested person can file notice of opposition (along with written
statement and evidence, if any) anytime after the grant of Patent but
before the expiry of a period of one year from the date of publication of
grant of a Patent in the Patent Office Journal .
✔ The above notice under Section 25(2) shall be filed on Form-7 along
with a fee of Rs. 1500/ or Rs. 6000/- for natural person and other than
natural person respectively, in duplicate at the appropriate office.
✔ The grounds of opposition under section 25 (2) are the same as given
before in case of pre grant opposition. The post grant opposition is
decided by an Opposition Board followed by a hearing and the
reasoned decision by the Controller.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Types Of PATENT Application

Types of Patent Applications in India

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PROVISIONAL Application
A provisional application is a type of temporary application that is filed when
the invention is not yet finalized and still is under experimentation.
 The applicant gets 12 months’ time period to develop the invention and
determine its market potential fully;
 Helps to establish certain priority rights over the invention;
 The application enables the applicant to use the term ‘patent pending’ on
their products;
 It is less expensive to prepare and file the Provisional Application;
 The applicant is enabled to file International applications and also claim
priority within the time period of 12 months.
 However, for the grant of Patent, a provisional application should be
followed by a complete specification within the time period of 12 months.
Furthermore, the provisional application should be appropriately detailed
and should be drafted very carefully to ensure that the priority rights for
the invention are secured.
 No need to file claims.
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
Ordinary Application or Non-Provisional
Application
 An application for the grant of Patent filed in the
Patent Office without claiming any priority date of
application made in a convention country or without
any reference to any other under process application
in the Patent Office is called an Ordinary Application.
 An ordinary application should be accompanied by a
complete specification and claims associated with the
invention.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


COMPLETE SPECIFICATION
 Should begin with title of invention(15 words);
 Prior Art in relation to the present invention;
 Object of the invention
 Full & particular description of the invention, its
operation or use and method of performing;
 Claim/claims
 Abstract(150 words)
 Drawings if necessary

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


CONVENTION APPLICATION

An application for patent filed in the Patent Office,


claiming a priority date based on the same or
substantially similar application filed in one or more of
the convention countries, is called a convention
application. In order to get convention status, an
applicant should file the application in the Indian Patent
Office within 12 months from the date of first filing of a
similar application in the convention country.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PCT INTERNATIONAL APPLICATION
A PCT Application is an international application
governed by the Patent Cooperation Treaty, and can be
validated in upto 142 countries.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Advantages of filing a PCT Application
• A single international patent application can be filed in order to seek
protection for an invention in up to 142 countries throughout the
world.
• The priority date obtained by filing a PCT application is
internationally recognized, and has an effect in each of the countries
designated.
• It gives the application 30/31 months to enter into various countries
from the international filing date or the priority date, and therefore
gives the applicant more time to assess the viability of the invention.
• Delays the expenses associated with applying for a patent in various
countries
• Provides an International Search Report citing prior art, which gives
an indication to the applicant whether the invention is novel and
innovative.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Advantages …
• Provides an option for requesting an International
Preliminary Examination Report, the report containing
an opinion on the patentability of the invention.
• The International Search Report and International
Preliminary Examination Report, allows the applicant to
make more informed choices early in the patent process,
and to amend the application to deal with any conflicting
material, before the major expenses of the national phase
of the patent process begin. It also gives the applicant a
fair idea on the patentability of the invention before
incurring charges for filing and prosecuting the
application in each country.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


PCT NATIONAL PHASE
APPLICATION
When an international application is framed and made
according to PCT designating India, an applicant is
required to file the national phase application in India
within the time period of 31 months from the priority
date or the international filing date, whichever is earlier.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patent of Addition
 When any applicant of the application feels that he/she has
come across an invention which is a slight modification or
improvement in the earlier invention for which he/she has
already applied for or has obtained Patent, in such a case the
applicant can go for Patent of Addition, if the new Improved
and modified invention does not include a substantial inventive
step.
 There is no requirement to pay a separate renewal fee for the
Patent of Addition during the tenure of the main Patent.
 The Patent of Addition also expires along with the main
Patent.
 The date of filing should be the date on which the application
for Patent of Addition is filed with the Patent Office.
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
Criteria for filing Patent of Addition
 Application for patent of addition would not be examined
unless the Controller of Patents is requested to examine the
parent application. Application for patent of addition would not
be accepted unless and until parent or main patent application
is accepted.
 The applicant for the patent of addition should be same as that
of the earlier application or the patentee, as the case may be.
The inventor(s) may not necessarily be the same. That is patent
of addition can neither be an innovation patent nor can have
innovation as parent patent.
 If the patent of addition is in respect of a patent application
then the parent application should be pending before the
Controller.
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
Criteria for filing Patent of Addition (Cont.)
 If the patent of addition is in respect of a patent, the patent
should be in force.
 If parent patent is ceased then patent in addition would not be
accepted or granted. Patent of addition would cease if one fails
to renew the parent patent (Non payment of annuity).
 Patent in addition would run concurrently and terminate with
the main invention.
 In case of patent of addition, Rule 13(3) of the Patents Rules
states that each such patent of addition shall include a reference
to the main patent or the application for the main patent and
also include a definitive statement that the invention is an
improvement or modification of the invention claimed in the
complete specification of the main application.
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
Criteria for filing Patent of Addition (Cont.)
 Each Patent of Addition is clearly an independent patent in
view of Section 54 and 55 of the Indian Patents Act, and
therefore
• rendered a new Application Number,
• requires a separate request for examination to be filed,
• is published after 18 months, and
• undergoes separate examination.
 In addition to the above conditions, the date of filing
of the application in respect of the patent of addition
has to be the same or later than the date of filing of
the main /parent patent application.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Criteria for filing Patent of Addition (Cont.)
Further, the following points also need consideration in this
regard:
 The yard stick to determine whether an invention is a subject matter of a
patent of addition is that the claims should not relate to distinct invention
and should constitute a single invention.
 The novelty should be clearly specified in the main invention of patent of
addition or the main invention could be cited by the Examiner as a reason
for rejection of the Patent of Addition for lack of novelty.
 However, the examiner cannot reject the Patent of Addition for lack of an
inventive step in the view of the, main invention.
 A patent of application has the same priority date as that of the main
invention and also it expires with the main patent. An economic benefit of
patent of additions is that that one does not have to pay/ submit a separate
renewal fees but if the parent patent is revoked and the patent of addition is
an independent patent then there would be a requirement for the payment of
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
annuity.
CONTINUATION & CONTINUATION-IN-
PART (under US patent system)
 A Continuation allows an inventor to modify the claims, so long as the specification
remain unchanged.
 With a Continuation Application, an inventor may increase the scope of his
application without having to file an entirely new application (and consequently
losing the original filing date). An important point for Continuation applications is
that they may edit the claims ONLY.
 According to Manual of Patent Examining Procedure (MPEP), "the continuation
should not include anything which would constitute new matter if inserted in the
original application."
 The specifications as they were written in the parent application must be able to
support the new claims, or the Continuation may not be filed. If new material is
required in order to support the new claims, a Continuation-In-Part will have to be
filed instead.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


CONTINUATION & CONTINUATION-IN-
PART (under US patent system) Cont.
 A Continuation allows an inventor to modify the claims, so long as the
specification remain unchanged.
 MPEP describes a CIP as "an application… repeating some substantial
portion or all of the earlier nonprovisional application and adding matter not
disclosed in the said earlier nonprovisional application."
 This allows inventors to include "enhancements" to the original design that
were developed after the parent application was filed.
 The majority of the specifications will repeat the description provided by
the parent application, as the invention in the CIP is mostly the same as the
invention in the parent, but new material may also be added to
describe/depict the improvements.
 It is important to note that claims in the CIP that concern subject matter
disclosed in the parent application are entitled to the filing date of the parent
application. However, claims that are related to subject matter that is
introduced in the CIP are only entitled to the filing date of the CIP.
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
CIP Vs Patent of Addition
 In many ways, the provision of Patent of Addition under the Indian Patent System is
more beneficial to the applicant than the Continuation-in-Part (hereinafter "CIP")
under the US patent system. For example: a CIP is only filed when the main
application is pending whereas Patent of Addition can be filed any time during the
term of the patent. A separate annuity is to be paid for maintenance of a CIP
application whereas there is no maintenance for a Patent of Addition separately. The
maintenance of Patent of Addition is required only when the parent patent is revoked
and the Patent of Addition is a separate and independent patent.

 In CIP application, claims must have varying priority dates based on the priority
date of the first application in which the specification of the subject matter was
disclosed. Despite the varying date, the patent would expire in 20 years; the tenure is
same as the Patent of Addition.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Divisional Application
 When the applicant’s application claims for more than one
invention, the applicant on his own desire or to meet the
official objection can divide the Patent application and file two
or more Patent Applications, as applicable for each of the
different inventions. These types of applications, that divided
out of the main or parent applications, are called as Divisional
Applications.
 For all the divisional applications, the priority date will be the
same as claimed by the Parent Application.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Priority Date
 The priority date is when you can protect a patent from. After
this date, an invention can be made public.
 The priority date of a patent relates to the earliest filing date
from within a family of patent applications (i.e., a collection of
patent applications covering the same or similar technical
content).
 When the matter involves just one patent application, the
priority date would be the filing date of the single application.
 If there are more than one related patent applications involved,
the patent’s priority date would then be the filing date of the
first patent filing that initially revealed the invention.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Examples
 If the earliest-filed application was filed out of the US/abroad,
the priority date would be the filing date of the non-US
application.
 If the initial filing was a non-provisional application, the non-
provisional filing date would then be the priority date.
 If the earliest-filed patent application for an invention was a
provisional application, the priority date would be the filing
date of the provisional application.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Can a Patent Priority Date Be Maintained
or Lost?
Keeping the earliest priority date is favored because the USPTO works under a
first-to-file rule. A priority date can be both maintained and lost, especially
when a patent family is concerned.

 Most commonly, a priority date can be lost due to not changing a


provisional to a non-provisional within 12 months from the provisional
filing date. Having to then re-file the provisional consequently means a later
priority date, which then opens up the possibility of more prior art being
used against the filer.

 International or foreign filings should take place within 12 months of the


US priority date except when a PCT application is filed to extend the
deadline for US applications to be filed in each specific foreign country.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patent Transfer
 Patent owners enjoy the right to exclude others from making, selling, using
or importing the claimed invention, and to claim damages from anyone who
infringes their patent.
 In today’s scenario, to run successful business and lead in the race, one
needs to have patented technology.
 However, a business entity can own a patent only if the inventors have
assigned the patent rights to the business entity. So if your employees are
creating valuable IP on behalf of your company, it’s important to get the
patent assignment right, to ensure that your business is the patent owner.
 A patent assignment is an agreement where one entity (the “assignor”)
transfers all or part of their right, title and interest in a patent or application
to another entity (the “assignee”).
 In simpler terms, the assignee receives the original owner’s interest and
gains the exclusive rights to pursue patent protection (through filing and
prosecuting patent applications), and also to license and enforce the patent.
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
Patent Transfer (Cont.)
 As far as India is concerned, The IP ownership varies under different IP
laws.
 For instance, in case of an employee developed copyright, the employer will
be the first owner of the copyright. Therefore, the Indian Vendor will own
its employee developed copyright. However, this will not apply in case of
an independent contractor developed copyright.
 As regards patents, the inventor will be the first owner, irrespective of
whether it is an employee or a contractor.
 In most cases, the standard templates of Development Agreements normally
provide that (i) all the IP developed by the Indian Vendor’s employees and
contractors under the agreement will be assigned to and owned by the
Client; or (ii) the Vendor “hereby assigns” (and in some cases, agrees to
assign), to the Client, the IP developed under the Development Agreement.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Types of Transfer Cont. [1]
A patent can either be transferred permanently via assignment or partly or
temporarily via license. However, it can also be transferred by operation of
law.
 An assignment can be done by way of legal assignment, wherein the
assignee enters his name as the patent owner after which he becomes the
proprietor of the patent and is henceforth entitled to all the rights concerning
the patent.
 An assignment can also be done by way of equitable assignments, where
the patentee agrees to share the ownership of the patent with another person
via an agreement. In such a scenario, he therefore cannot register his name
as the proprietor, but the assignee may have notice of his interest in the
patent entered in the register.
 Moreover, a patent can be transferred by means of mortgages, wherein the
patent owner assigns his entire/ part of his rights to the assignor in return for
a financial consideration. Once the owner repays the same consideration
back to the assignee, the Kumar
Dr. Rajeev rights(Dept.
areofrestored to the owner.
CSE, DRU Delhi)
Types of Transfer [1]
 License refers as temporary transfer of your intellectual property rights and
allows you to maintain a certain chain of command over the transferred
intellectual property.
 When licensing, you can decide the duration of the exploitation, the
jurisdiction as to where the IP can be exploited as well as whether the
licensee can further sub-license the patent/invention.
 License upholds the principle of reversion of property, that is, your rights
return to you after a certain condition like disputes.
 A license ends when i) the time period of license is over ii) the licensee fails
to fulfill the conditions like it’s commercialization or iii) licensee breaches
any terms of the license agreement

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Types of Transfer [1]
BY OPERATION OF LAW
 This mostly happens on the death of the patent holder/owner. When the
owner of an IP dies, his rights pass on to his/her legal heir. The provisions of
law also come into play in case of winding up or dissolution of a company.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
Revocation of patents
(1) Subject to the provisions contained in this Act, a patent, whether granted
before or after the commencement of this Act, may, be revoked on a petition of
any person interested or of the Central Government by the Appellate Board or
on a counter-claim in a suit for infringement of the patent by the High Court on
any of the following grounds, that is to say—
(a) that the invention, so far as claimed in any claim of the complete specification, was
claimed in a valid claim of earlier priority date contained in the complete specification
of another patent granted in India;
(b) that the patent was granted on the application of a person not entitled under the
provisions of this Act to apply therefor:
(c) that the patent was obtained wrongfully in contravention of the rights of the
petitioner or any person under or through whom he claims;
(d) that the subject of any claim of the complete specification is not an invention within
the meaning of this Act;
(e) that the invention so far as claimed in any claim of the complete specification is not
new, having regard to what was publicly known or publicly used in India before the
priority date of the claim or to what was published in India or elsewhere in any of the
documents referred to in section 13;
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
Revocation of patents (Cont.)
(f) that the invention so far as claimed in any claim of the complete
specification is obvious or does not involve any inventive step, having regard
to what was publicly known or publicly used in India or what was published in
India or elsewhere before the priority date of the claim;
(g) that the invention, so far as claimed in any claim of the complete
specification, is not useful;
(h) that the complete specification does not sufficiently and fairly describe the
invention and the method by which it is to be performed, that is to say, that the
description of the method or the instructions for the working of the invention
as contained in the complete specification are not by themselves sufficient to
enable a person in India possessing average skill in, and average knowledge of,
the art to which the invention relates, to work the invention, or that it does not
disclose the best method of performing it which was known to the applicant
for the patent and for which he was entitled to claim protection;

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Revocation of patents (Cont.)
(i) that the scope of any claim of the complete specification is not sufficiently
and clearly defined or that any claim of the complete specification is not fairly
based on the matter disclosed in the specification;
(j) that the patent was obtained on a false suggestion or representation;
(k) that the subject of any claim of the complete specification is not patentable
under this Act;
(l) that the invention so far as claimed in any claim of the complete
specification was secretly used in India, otherwise than as mentioned in sub-
section (3), before the priority date of the claim;
(m) that the applicant for the patent has failed to disclose to the Controller the
information required by section 8 or has furnished information which in any
material particular was false to his knowledge;
(n) that the applicant contravened any direction for secrecy passed under
section 35 or made or caused to be made an application for the grant of a
patent outside India in contravention of section 39;

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Revocation of patents (Cont.)
(p) that the complete specification does not disclose or wrongly mentions the
source or geographical origin of biological material used for the invention;
(q) that the invention so far as claimed in any claim of the complete
specification was anticipated having regard to the knowledge, oral or
otherwise, available within any local or indigenous community in India or
elsewhere.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Revocation of patents (Cont.)
Revocation of patent or amendment of complete specification on directions
from Government in cases relating to atomic energy
(1) Where at any time after grant of a patent, the Central Government is
satisfied that a patent is for an invention relating to atomic energy for which no
patent can be granted under sub-section (1) of section 20 of the Atomic Energy
Act, 1962 (33 of 1962), it may direct the Controller to revoke the patent, and
thereupon the Controller, after giving notice, to the patentee and every other
person whose name has been entered in the register as having an interest in the
patent, and after giving them an opportunity of being heard, may revoke the
patent.

(2) In any proceedings under sub-section (1), the Controller may allow the
patentee to amend the complete specification in such manner as he considers
necessary instead of revoking the patent.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Revocation of patents (Cont.)
Revocation of patent in public interest

Where the Central Government is of opinion that a patent or the mode in


which it is exercised is mischievous to the State or generally prejudicial to the
public, it may, after giving the patentee an opportunity to be heard, make a
declaration to that effect in the Official Gazette and thereupon the patent shall
be deemed to be revoked.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patent Infringement
 Patent granted under the Indian Patents Act 1970, confers exclusive rights to
the patentee to prevent third parties from making, using, offering for sale,
selling or importing the patented invention for the purpose of using, selling
and offering for sale in India without the consent of the patentee until the
expiry of the said patent.
 This prevents third parties from commercially exploiting the patented
invention till the time the said patent is in force.
 Any use of the patented invention without the appropriate consent of
patentee shall be considered as an act of infringement.
 The act of infringement can lead the infringer to trouble as the infringer can
be sued by the patentee for infringement with demands for monetary
compensation.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patent Infringement (Cont.)
 The Indian Patent Act does not specifically define activities that constitute
infringement of patent rights
 One can presume that any act of a third party which violates the rights
conferred upon the patentee, shall be considered an act of infringement.
 However, third parties can use patented inventions for commercial gains
either by getting a license from the patentee or getting his/her appropriate
consent for a specific use.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patent Infringement (Cont.)
Activities considered non-infringing activities
 Government Use: Government can use an invention any time after filing
of the patent application or after the grant of the patent rights to the
patentee2. Government can also authorize any person in writing, for using
an invention, for the purpose of government's own use of the invention.
Government can also make or import a patented invention for its own use.
 Exemptions for Research and Development: The scientific
researchers can use the patented invention for carrying out researches for
the development of science and greater good of the society. The provision
also enables educational use of the patented invention for enlightening the
students about the particular state of the art.
However, selling of the patented products for experimental purpose shall
not fall under the ambit of this statutory exemption and shall be
considered an act of infringement and the person selling the product for
the monetary gain shall be considered an infringer.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patent Infringement (Cont.)
 Supply of Medicinal Drug to Medical institutions by Government:
IPA permits the government to import the patented medicine or drug for the
purpose merely of its own use or distribute the patented medicine or drug in
dispensaries, hospitals or other medical institutions notified in the official
gazette of the government. This provision enables the government to
establish the balance between the public interest of access to healthcare and
the exclusive rights granted to the patentee. However, use of patented
medicines for monetary gains without the consent of the patentee shall
amount to an act of infringement.
 Patented Invention used on Foreign Vessels: IPA lays down
provisions that it shall not be considered as an act of infringement if a
foreign vessel which is using a patented invention comes to India,
temporarily or accidentally. This prevents the condition of accidental
infringement of patent rights by the foreign vessel having a patented
invention on-board. However, there shall be no commercial intentions for
the use of patented invention in India.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patent Infringement (Cont.)
 Bolar Exemptions and Parallel Imports: Section 107A of the Indian
Patent Act is known as India's Bolar Exemption. The fundamental objective
of Section 107A is to delineate certain acts which are not to be considered
as infringement.

 The relevant section has been reiterated below- "For the purposes of this
Act- (a) any act of making, constructing, using, selling or importing a
patented invention solely for uses reasonably related to the development and
submission of information required under any law for the time being in
force, in India, or in a country other than India, that regulates the
manufacture, construction, use, sale or import of any product;

 (b) Importation of patented products by any person from a person, who is


duly authorized under the law to produce and sell or distribute the product,
Shall not be considered as an infringement of patent rights"

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patent Infringement (Cont.)
 Bolar Provision is a defense used against patent infringement.
When an invention is made, it is either used or sold by a third
party for certain purposes for further research and
development. Thus, this provision assumes extreme importance
because the generic drug manufacturers, who seek to boost
their business in the market soon after the expiry of the
innovator company's patents, through the application of Bolar
provision have the necessary time and opportunity for
conducting research on the product while the patent being still
valid.
 In simple words, we can say that the exemption that enables
generic manufacturers to experiment with patented drugs and
produce them in limited quantities for research, is known as the
Bolar exemption. The exemption enables generic drug
manufacturers to use an inventor's pharmaceutical drug before
the patent expires, which not only aids in the early launch of
generic versions of the drug once the innovator drug's patent
term ends, but also promotes further R&D.
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
Patent Infringement (Cont.)
Administrative Remedy

When infringing goods are imported into Indian territory, the IP owner can
approach the collector of customs and prevent the entry of these goods into the
Indian market. The IP owner must provide the name of the exporter, consignee,
port of entry, name of the ship, etc., to avail their remedy

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patent Infringement (Cont.)
Civil Remedy

1. Interim Injunctions - During the pendency of the case before


a full-fledged trial
2. Permanent Injunctions - Full-fledged trial

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Patent Infringement (Cont.)
Penalties

 The penalty that a court may grant in any suit for infringement includes an
injunction and at the option of Plantiff, either damages or an account of
profits Penalties
 Damages or accounts of profits shall not be granted against the defendant
who proves that at the date of infringement they were not aware and had no
reasonable grounds for believing that that the patent existed

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Drafting
 Objectives of specification.
 Kinds of specification.
 Elements of specification.
 Claims.
 Case study .

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Objectives

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Types Of Drafting

 Provisional drafting

 Complete drafting

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Provisional specification

 Should be filed as soon as the idea comes in mind.


 An applicant may file a provisional specification containing
incomplete & general description of the invention.
 Filing of claims not required.
 Helps to secure priority date.
 Discloses essential features of invention.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


 Deemed to be abandoned if no complete specification is filed
within twelve months from the date of filing of the
provisional specification.

 An applicant has an option to post-date the provisional


specification under Section 17, before the expiry of twelve
months from the date of filing.

 Such abandoned applications are not published.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Contents of Provisional Specification

 A Provisional Specification shall essentially contain the title and


description of the invention and shall start with a preamble.

 The following specification describe the invention.

 Claim does not include the provisional specification

 The description starts from the second page starting with the field
of invention and containing the background of the invention,
object of the invention and statement of the invention.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


 It is advisable to include in the Provisional Specification as
much information as the applicant has at the time of filing.

 It may be noted that a Provisional Specification cannot be


filed in case of a Divisional, Convention or a PCT National
Phase Application.

 In such cases, filing a Complete Specification is a mandatory


requirement.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Complete Specification
 It is techno legal document and has to be filed within 12 month
from the date of filing provisional specification

 It has claims.

 It is a complete description of the invention.

 It covers maximum 30 pages and 10 claims (beyond this each


page and claim is chargeable).

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Elements of complete specification
 Begins with the title of invention;
 It then discloses of prior art in relation to the present
invention;
 This is followed by full & particular description of the
invention, its operation or use and method of performing it.
 Summary of the invention is given after this.
 This is followed by a detail description of the invention with
specific examples and drawings.
 The complete specification ends with claim/claims.
 The abstract is given right at the end.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


FORM - 2
THE PATENTS ACT, 1970
(39 of 1970)
COMPLETE SPECIFICATION
[SECTION 10; RULE 13]

1. Title of Invention.
2. (a) Name of Applicant
(b) Address of Applicant
(c) Nationality:

The following specification particularly describes the nature of this


invention and the manner in which it is to be performed.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Complete Specification
Title
 The title should be sufficiently indicative of the
subject matter of the invention and shall disclose
the specific features of the invention.
 It shall be brief, free from fancy expressions or
ambiguity and as precise and definite as possible,
but it need not go into the details of the invention
itself and should not ordinarily exceed fifteen
words.
 Word limit is not more than 15 words.
 Rule 13(7)(a)

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Complete Specification
Field of the Invention and use of Invention

 The description should preferably begin with a


general statement of the invention so as to indicate
briefly the subject matter to which the invention
relates, e.g.
 “This invention relates to …………………”.
 Thereafter, the advantages of the invention may be
mentioned to bring out clearly the areas of
application and preferable use of the invention.
 The applicant may substantiate industrial
applicability of the invention in this part.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Complete Specification
Background and Prior Art and problem to be solved

 This part should indicate the status of the technology


in the field of invention with reference to
developments in the field, patents and pending patent
applications in the specific art.
 When the invention relates to an improvement on an
existing product or process, a short statement of the
closest prior art known to the applicant shall also be
given.
 However, the description should fully and particularly
describe the invention, by clearly distinguishing it from
such a closest prior art, known to the applicant.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Complete Specification
Objects of the Invention

 The purpose of this part is to clearly bring out the


necessity of the invention.
 It shall clearly mention the technical problems
associated with the existing technology and the
solution for that, bringing out the differences
between the claimed invention and the prior art.
 The solution sought by the invention should be
clearly brought out as object(s) of inventions with
statements like
 e.g. ―The principal object of this invention is
 ……………‖, ―Another object of this invention is ……

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Complete specification
Summary of the Invention
 The description should include a summary of
invention before giving the details of the
invention and the method of performing it.
 The statement should clearly set forth the
distinguishing novel features of the invention for
which protection is desired.
 This part is intended to declare different aspects
of the invention.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Complete specification
Detailed Description of the Invention
 Description of an invention is required to be furnished in
sufficient detail so as to give a complete picture of the
invention and follows the Summary of invention.
 The nature of improvements or modifications effected
with respect to the prior art should be clearly and
sufficiently described.
 The details of invention described should be sufficient for
a person skilled in the art to perform the invention.
 It may include examples / drawings or both for clearly
describing and ascertaining the nature of invention.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Complete specification
 Examples must be included in the description,
especially in the case of chemical related inventions.
 Reference to the drawings should be specific and
preferably in the following form: ―This invention is
illustrated in the accompanying drawings,
throughout which, like reference numerals indicate
corresponding parts in the various figures.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Complete specification
 Drawings Rule 15
 Drawings or sketches, which require a special illustration of the
invention, shall not appear in the description itself. Such drawings
shall be on separate sheet(s).
 b) Drawings shall be prepared neatly and clearly on durable
 paper sheet.
 c) Drawings shall be on standard A4 size sheets with a clear
 margin of at least 4 cm on the top and left hand and 3 cm at
the bottom and right hand of every sheet.
 d) Drawings shall be on a scale sufficiently large to show the
inventions clearly and dimensions shall not be marked on
the drawings

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Complete specification
e) Drawings shall be sequentially or systematically
numbered and shall bear—
i. in the left hand top corner, the name of the
applicant;
ii. in the right hand top corner, the number of the
sheets of drawings, and the consecutive number of
each sheet; and
iii. in the right hand bottom corner, the signature of
the
applicant or his agent.
f ) No descriptive matter shall appear on the drawings
except in the flow diagrams.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Contents of Abstract
 An abstract should be included after claim/claims to
provide brief technical information of the invention.

 It should give concise summary of the invention


preferably within 150 words and should start from the
first page.

 It is to be prepared in such a manner that one can


understand the technical problem and solution with its
usefulness.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Claim- A Statutory Requirement

 Every complete specification should end with a claim


or claims.

 Claim or claims must define the scope of the


invention for which protection is claimed.

(Section –10 (5)

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Claim or Claims
 Should relate to a single invention

 Should be clear and succinct

 Should be based on the matter disclosed in the specification

 Principal claim should define all essential novel features with their
interconnection.

 Optional feature may be given in subordinate claims

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Types Of Claim or Claims
 Independent Claim
A wearable ring device comprising: an annular surface….

 Dependent or Multiple dependent Claim


1.A process as claimed in claim 1, wherein…
2.A process according to claim 1, wherein…
3.A process as claimed in claim 1 and 4, wherein…
4.A process according to claim 1 or 4 , wherein…

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Claim or Claims-Forms & Formats
 I or We claim

 Single sentence
Apparatus for shaking articles which comprises a container
for articles, a base and a plurality of parallel legs. Each leg is
connected pivotally at one end to the container and at the
other end to the base to support the container for
oscillating movement with respect to the base and means
for oscillating the container on the legs to shake the
articles.
 Comprises or comprising
 Consisting of
 Means for

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Case Study: 1
Title
A PROCESS OF PREPARING PLANT BASED
AYARVEDIC FORMULATION FOR THE
'TREATMENT OF PARKINSONS DISEASE.

Filed of invention -This invention relates to a process


of preparing plant based Ayurvedic formulation for
the treatment of Parkinson’s disease.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


 Prior art problem

Currently, for the treatment of Parkinson's disease, synthetic drugs are


being used. Though the synthetic formulations are effective in relieving the
symptoms of disease, there are very expensive and have inherent side
effects, such as gastro intestinal side effects like nausea, anorexia, cardiac
irregularities, orthostatic hypotension, weight gain, hot flushes numerous
dyskinesias & psychiatric symptoms such as agitations, hallucinations,
delusions, nightmares.

 The us patent 754586 discloses the method …………….

 The above described methods are both cumbersome ,costly and shows
various side effects. Hence there is a need to develop a facile, novel method
which overcome the present problem.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


OBJECTS OF INVENTION
 We generally covers the advantages ,difference b/w the claimed invention
compare to prior art, and clarify the technical problem associated with the
exiting tech and solutions.

 The main object of this invention is to provide a plant based ayurvedic


formulation for the treatment of Parkinson’s disease .

 Another object of this invention is to provide a plant based Ayurvedic


formulation which can also be effectively used as geriatric tonic.

 Another object of this invention is to provide a plant based Ayurvedic


formulation which is readily soluble in water, delicious and flovourous.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


CLAIMS

We claim,

1) A process of preparing/ plant based Ayurvedic formulation for the treatment


of Parkinson's disease comprising the following steps :
a) Selecting the active ingredient from mucuna pruriens bark
(Atmaqupta) plant.
b) Pulverizing the said active ingredient of mucuna pruriens bark
into fine powder.
c) Mixing antioxidant stabilizer with the said powder of step (b).

2) Process of preparing plant base Ayurvedic formulation for the


treatment of Parkinson's disease as claimed in Claim (1) wherein the said
active ingredients of mucuna pruriens bark plants are ripened seeds.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Case Study: 2
Smart Watch

FIELD OF THE INVENTION

This present invention belongs to the field of


wearable electronics.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


BACKGROUND OF THE INVENTION

First, a key technical problem of Smart Watch, is how to achieve


feasible function in a small volume size. At present, put all
functions of smart phone or some functions of smart phone, into
the size of a watch volume; the technical difficulty is very high.
Google glasses also face big technical problems, because of
volume size limitations. Now also no one knows the legendary
Apple Watch, may has what killer function and applications.

Secondly, for adults, normal person, wearable computing devices,


there is no killer function, can let wearable computing devices
spread among the people..
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
SUMMARY OF THE INVENTION

A Smart Watch, comprising wristwatch strap, wristwatch body, dial-up


button on wristwatch body; the wristwatch body comprising top cover,
main circuit, battery, bottom cover; the main circuit comprising
telephone function module, microphone module, speaker module, CPU
module, control circuit module, GPS module, storage module, short-
distance wireless communication module, accelerometer sensor
module, motor module, headphone jack module, joint mode,
temperature sensor module;

Control circuit module, control turn on and turn off the other modules of
the main circuit;

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


BRIEF DESCRIPTION OF DRAWINGS

 FIG. 1: Schematic view of the present invention Smart Watch

 FIG. 2: Schematic structure of the present invention Smart Watch

 FIG. 3: Schematic structure of wristwatch body

 FIG. 4: Schematic structure diagram of the main circuit

 FIG. 5: Schematic diagram of bottom cover

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


DETAILED DESCRIPTION OF THE EMBODIMENTS

FIG. 1 is a schematic view of Smart Watch. Smart Watch's


schematic structure shown in FIG. 2, comprising wristwatch strap 1,
wristwatch body 2, dial-up button 3 and dial-up button 4 on
wristwatch body. FIG. 3 show schematic structure of wristwatch
body 2, wristwatch body 2 comprising top cover 21, main circuit
22, battery 23, bottom cover 24. Dial-up button can set on the side
of wristwatch body 2, as shown in FIG. 2; also can set on top cover
21; or can set on wristwatch strap 1. Battery 23 can be below the
main circuit 22 as shown in FIG. 3, or can at the top of the main
circuit 23, or can beside the main circuit 22.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


CLAIMS
1. A Smart Watch, having wristwatch strap, a wristwatch body
comprising a top cover, a main circuit, a battery, and a bottom
cover;
wherein the main circuit comprises a telephone function module, a
microphone module, a recording module, a speaker module, a CPU
module, a control circuit module, a GPS module, a storage module,
a short-distance wireless communication module, an accelerometer
sensor module, a motor module, a headphone jack module, a joint
mode, and a temperature sensor module;
wherein the Smart Watch connects to one or a plurality of mobile
phones;

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


wherein the wristwatch body also comprises one or a plurality of
dial-up buttons, each dial-up button being adapted to dial a
correspond telephone number; wherein:
when short-distance wireless communication is turned off, or a
short-distance wireless communication signal value is less than a set
value, the Smart Watch tweets an alarm;
when the Smart Watch's geographical location is out of a set area,
the Smart Watch tweets an alarm;
when the Smart Watch's accelerometer senses a value exceeding a
set value, the Smart Watch tweets an alarm; and
when the Smart Watch's temperature sensor senses a value
exceeding a set value range, the Smart Watch tweets an alarm.
Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)
2. The Smart Watch as claimed in claim 1, wherein the Smart Watch
further comprises a WiFi module having wireless hotspot function,
which transforms the Smart Watch telephone function module
signal to a WiFi signal.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)


Abstract

Provided is smart watch with a telephone function module and dial keys.
Each dial key corresponds to an unchanged telephone number. After a
Bluetooth connection between the smart watch and a primary mobile
phone is established, both the smart watch and the primary mobile
phone give a buzzing warning when the smart watch and the primary
mobile phone detect that the Bluetooth connection is interrupted or a
Bluetooth signal value is smaller than a set value. The smart watch is
further provided with a temperature sensor, an acceleration sensor and a
GPS module, and both the smart watch and the primary mobile phone
give a buzzing warning if the sensors detect when change values of
temperature and acceleration exceed preset values or if the geographical
location of the smart watch is not within a set range.

Dr. Rajeev Kumar (Dept. of CSE, DRU Delhi)

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