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Patent Applications and Drafting Procedure
Patent Applications and Drafting Procedure
Drafting ProceDure
Presented By:
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.
•Use claim for the working method of the device which uses an algorithm
•Withhold yourself from focussing completely upon the codes and the
algorithms.
✔ 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.
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.
✔ (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.
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.
(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.
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;
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
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
Provisional drafting
Complete drafting
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.
It has claims.
1. Title of Invention.
2. (a) Name of Applicant
(b) Address of Applicant
(c) Nationality:
Principal claim should define all essential novel features with their
interconnection.
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
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.
We claim,
Control circuit module, control turn on and turn off the other modules of
the main circuit;
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.