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STEP 1: Patent Searches: searches are conducted and worldwide to know the novelty of an
invention. Generally, it is considered safe to do patent searches before patent application filing.
If an invention is found in prior arts or closes to prior arts then the novelty of that invention can
be challenged by the Indian Patent Office. Therefore, it is important to perform prior art searches
in order to save the money and time of an applicant.
STEP 2: Patent Drafting: After conducting thorough searches worldwide, the invention is
written in a techno-legal language known as the specification which can be with or without
claims. Without claims is the provisional specification and with claims is the complete
specification. The specification specifies the field of invention, detailed description of the
invention with working examples and the best method to perform an invention so that a person
skilled in the art can perform the invention. The legal part comes with the claims of the invention
which define the legal protection sought by an inventor.
STEP 3: Patent Application Filing: Patent application filing is the first step towards obtaining
a patent. Procedure Patent Registration in India application filed as a provisional application
is generally filed to claim priority date over other applications. A patent application consists of
series of forms prepared according to the Indian Patent Act, 1970. The drafted provisional or
complete specification is filed in Form-2 of the Indian Patent Act,1970. If a provisional patent
application is filed then within 12 months of its filing complete specification has to be filed.
There are 6 different kinds of filing filed in the Indian Patent Office.
These are:
1. Ordinary application
2. PCT National phase application
3. PCT International application
4. Convention application
5. Divisional application
6. Patent of addition application
Q.2. What can be patented? What cannot? Illustrate with suitable example
Answer:
An invention can be patented if it has a useful purpose, has patentable subject matter, is novel,
and is non-obvious. The patent could cover a composition, production process, machine, tool, or
an upgrade to an existing invention. Inventors must meet certain government guidelines -to get a
patent.
The government has a group of subjects that it names as "patentable subject matter." These items
include:
Business methods
Computer hardware
Computer accessories
Internet advances
Machines
Musical instruments
Sporting Goods
Novelty
Novelty is an important criterion in determining patentability of an invention. novelty or new
invention is defined under Section 2(l) of the Patents Act as "any invention or technology which
has not been anticipated by publication in any document or used in the country or elsewhere in
the world before the date of filing of patent application with complete specification, i.e., the
subject matter has not fallen in public domain or that it does not form part of the state of the art".
Simply put, the novelty requirement basically states that an invention should never have been
published in the public domain. It must be new with no same or similar prior arts.
These are the statutory criterion for the patentability of an invention. Apart from this, another
important criterion for getting a patent is disclosure of an enabling patent. An enabling patent
disclosure means a patent draft specification must disclose the invention sufficiently, so as to
enable a person skilled in the same field as the invention relates to, to carry out the invention
without undue effort. If the patent specification does not disclose an enabling patent then a patent
will most definitely not be granted.
The government won't patent an idea. It doesn't matter how revolutionary and creative that idea
is.
Mathematical formulas.
Laws of nature.
Substances found in nature: If you found a new type of lava, you couldn't patent its
existence.
Scientific principles: Even Einstein, a patent clerk, couldn't get a patent for his scientific
principles.
Processes involving only physical activity: These are things such as dance routines or
band performances.
Surgical methods and procedures.
Drugs that place the user at safety risk.
Inventions whose purpose is criminal: This is a kind of morality clause enforced by the
government.
Inventions whose existence violate existing scientific laws.
An exception exists. For mathematical formulas, you cannot get a patent. You can get one for a
specific usage of the formula, though. This is another example of not patenting an idea.
In India, section 3 provides a list of exclusion, and the list with examples is provided below:
4. 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.(This
exclusion has been at the forefront of most debates in the pharmaceutical sector)
5. A substance obtained by a mere admixture resulting only in the aggregation of the properties
of the components thereof or a process for producing such substance. (Ex: Mixture of sugar
and colorants in water, which only produces aggregation of properties and synergistic
properties)
8.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; (Ex: process of carrying
out a surgery. Note: processes in this case are not considered inventions. However, systems
and apparatuses are still considered as patentable subject matter)
9. Plants and animals in whole or any part thereof other than micro-organisms but including
seeds, varieties and species and essentially biological processes for production or propagation of
plants and animals; (Ex: Cloning of animals)
11. A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever
including cinematographic works and television productions; (Ex: movies, poems etc.)
12. A mere scheme or rule or method of performing mental act or method of playing game; (Ex:
Method of playing chess)
Answer:
Technology transfer refers to the transfer of technology developed or initially discovered in the
public sector (e.g. universities, government agencies) to private industry for further development
and commercialization. Jobs in technology transfer may be found on either end of this transfer,
i.e. in the institutions seeking to bring their technology to market or in the companies that will
develop the technology. In addition, jobs are also found in go-between organizations such as
non-profit technology transfer centers that facilitate the transfer of technology from public sector
to private. To learn more about technology transfer and the sorts of careers in this area, visit the
web sites of some organizations involved in tech transfer given below.
Technology transfer in academic property refers to the exchange of knowledge either internal –
between students and teachers, or between teachers in the form of publications, presentations in
seminars and conferences – or as an expert opinion given to industrial associates. In general,
such initiatives help to originate and develop the initial phases of intellectual property (IP) and
provide a platform for researchers developing products for the public. The cooperation between
researchers and industry can advance knowledge to develop a technology, while IP in the form of
patents ensure that rights are protected in the interests of both parties.
Technology transfer helps in promoting academic institutes and the corresponding licensees,
both in their capabilities and visibility. While the researchers and their organizations get
recognition and motivation for research and innovation, the industry obtains the benefit of
customized technology. The public also benefits from such collaboration in the form of jobs.
Transfer of technology takes place through formal and informal channels. Some of the formals
channels include trade, licensing, joint ventures, franchising, foreign patenting, and foreign direct
investment (FDI) while the informal channel include imitation and technology spillover. The
technology transfer relates to voluntary or non-market transactions by which a firm gains access
to technology developed in another country. Therefore, policies made to develop a strong IPR
regime can help developing countries gain access to foreign technology.
The basic obligation in the area of patents is that, invention in all branches of technology
whether products or processes shall be patentable if they meet the three tests of being new
involving an inventive step and being capable of industrial application. In addition to the general
security exemption which applied to the entire TRIPS Agreement, specific exclusions are
permissible from the scope of patentability of inventions, the prevention of whose commercial
exploitation is necessary to protect public order or morality, human, animal, plant life or health
or to avoid serious prejudice to the environment.
Key Features of Companies Act, 2013
The TRIPS Agreement provides for a minimum term of protection of 20 years counted from
the date of filing. India had already implemented its obligations under Articles 70.8 and 70.9 of
TRIP Agreement.
Trade Marks
Trade Marks have been defined as any sign, or any combination of signs capable of
distinguishing the goods or services of one undertaking from those of other undertakings. Such
distinguishing marks constitute protectable subject matter under the provisions of the TRIPS
Agreement. The Agreement provides that initial registration and each renewal of registration
shall be for a term of not less than 7 years and the registration shall be renewable indefinitely.
Compulsory licensing of trade Marks is not permitted.
Act related to Trade Marks
• Trade Marks Acts
• Trade Marks Act, 1999
• New Elements in the Trade Marks Act, 1999
Copyrights
India’s copyright law, laid down in the Indian Copyright Act, 1957 as amended by
Copyright (Amendment) Act, 1999, fully reflects the Berne Convention on Copyrights, to which
India is a party. Additionally, India is party to the Geneva Convention for the Protection of rights
of Producers of Phonograms and to the Universal Copyright Convention. India is also an active
member of the World Intellectual Property Organisation (WIPO), Geneva and UNESCO.
The copyright law has been amended periodically to keep pace with changing requirements. The
recent amendment to the copyright law, which came into force in May 1995, has ushered in
comprehensive changes and brought the copyright law in line with the developments in satellite
broadcasting, computer software and digital technology. The amended law has made provisions
for the first time, to protect performer’s rights as envisaged in the Rome Convention Several
measures have been adopted to strengthen and streamline the enforcement of copyrights. These
include the setting up of a Copyright Enforcement Advisory Council, training programs for
enforcement officers and setting up special policy cells to deal with cases relating to
infringement of copyrights.
Geographical Indications
The agreement contains a general obligation that parties shall provide the legal means
for interested parties to prevent the use of any means in the designation or presentation of a
good that indicates or suggests that the good in question originates in a geographical area other
than the true place of origin in a manner which misleads the public as to the geographical origin
of the good. There is no obligation under the Agreement to protect geographical indications
which are not protected in their country or origin or which have fallen into disuse in that country.
A new law for the protection of geographical indications, viz. the Geographical Indications of
Goods (Registration and the Protection) Act, 1999 has also been passed by the Parliament and
notified on 30.12.1999 and the rules made there under notified on 8-3-2002.
Industrial Designs
Industrial designs refer to creative activity which result in the ornamental or formal appearance
of a product and design right refers to a novel or original design that is accorded to the proprietor
of a validly registered design. Industrial designs are an element of intellectual property. Under
the TRIPS Agreement, minimum standards of protection of industrial designs have been
provided for. As a developing country, India has already amended its national legislation to
provide for these minimal standards.
The essential purpose of design law it to promote and protect the design element of industrial
production. It is also intended to promote innovative activity in the field of industries. The
existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and
this Act will serve its purpose well in the rapid changes in technology and international
developments.
India has also achieved a mature status in the field of industrial designs and in view of
globalization of the economy, the present legislation is aligned with the changed technical and
commercial scenario and made to conform to international trends in design administration.
Q.5. What do you mean by plagiarism? What are the tools to check plagiarism?
Answer:
”Plagiarism, the act of taking the writings of another person and passing them off as
one’s own.”
Plagiarism can be considered as one of the electronic crimes, like (computer hacking,
computer viruses, spamming, phishing, copyrights violation and others crimes).
Plagiarism defined as the act of taking or attempting to take or to use (whole or parts) of
another person’s works, without referencing or citation him as the owner of this work. It
may include direct copy and paste, modification or changing some words of the original
information from the internet books, magazine, newspaper, research, journal, personal
information or ideas.
While the IPR system in India comprises of strong Intellectual Property laws but it has many
loopholes as it lacks effective implementation, for which “least priority given to adjudication of
IP matters” is often quoted as a reason. Major challenge is to inform the enforcement officials
and the Judiciary to take up issues of Intellectual Property rights, at par with other economic
offences, by bringing them under their policy locator. There are also many issues in having an
Intellectual Property fund, which can be utilized for further developing the IP culture in the
country. It is necessary to devise a National IP Policy for India, which will help in working
towards realizing the vision of India in the area of Intellectual Property rights. This will enable
the establishment of a strong socio-economic foundation and deep international trust.
In recent years, the issue of intellectual property rights protections is debatable among public
approaches to issues in developing countries. Plagiarism is a major issue. It is the act of theft of
another person's intellectual property which comprises of ideas, inventions, and original works of
authorship, words, slogans, designs, proprietary information, and using them as own without
giving credit to main author or inventor.
Today, digital technologies are major tools for creating and storing information for its speed
and easy access. Intellectual property rights apply on the Internet but the main issue is to make
them enforceable. Intellectual Property Rights Law has presented problems for advanced
technologies such as computer programmers. The law adopts that something is either in writing
protectable through copyright or a machine protectable by a patent but not by both concurrently.
Q.7. What are the major sections of a technical paper? Explain how you will prepare a
technical paper?
Answer: In the technical report the main emphasis is on (i) the methods employed, (it)
assumptions made in the course of the study, (iii) the detailed presentation of the findings
including their limitations and supporting data. A general outline of a technical report can be as
follows:
1. Summary of results: A brief review of the main findings just in two or three pages.
2. Nature of the study: Description of the general objectives of study, formulation of the problem
in operational terms, the working hypothesis, the type of analysis and data required, etc.
3. Methods employed: Specific methods used in the study and their limitations. For instance, in
sampling studies we should give details of sample design viz., sample size, sample selection, etc.
4. Data: Discussion of data collected, their sources, characteristics and limitations. If secondary
data are used, their suitability to the problem at hand be fully assessed. In case of a survey, the
manner in which data were collected should be fully described.
5. Analysis of data and presentation of findings: The analysis of data and presentation of the
findings of the study with supporting data in the form of tables and charts be fully narrated. This,
in fact, happens to be the main body of the report usually extending over several chapters.
6. Conclusions: A detailed summary of the findings and the policy implications drawn from the
results be explained.
7. Bibliography: Bibliography of various sources consulted be prepared and attached.
8. Technical appendices: Appendices be given for all technical matters relating to questionnaire,
mathematical derivations, elaboration on particular technique of analysis and the like ones.
9. Index: Index must be prepared and be given invariably in the report at the end.
The order presented above only gives a general idea of the nature of a technical report; the
order of presentation may not necessarily be the same in all the technical reports. This, in other
words, means that the presentation may vary in different reports; even the different sections
outlined above will not always be the same, nor will all these sections appear in any particular
report.
It should, however, be remembered that even in a technical report, simple presentation and
ready availability of the findings remain an important consideration and as such the liberal use of
charts and diagrams is considered desirable.
Keep a record of how you came up with the idea and your step by step progress
Once you have your idea, it is important that you keep a record (such as a journal or notebook) of
how you came up with the idea and your progress on that idea every step of the way. A well-kept
record will provide you with proof that the work you put into the idea is all yours and may
potentially help your creative process. Carefully detail everything you have done including
corrections, improvements, and mistakes that happened before you started the process of filing
for a patent. You should also consider signing and dating each entry and having two reliable
witnesses sign as well.
However, it is important to also keep careful records of exactly who has been given
access to your idea. Be sure to obtain non-disclosure agreements (NDAs) from all employees,
contractors, and anyone else provided access. Your NDAs should always include an
acknowledgment that all rights to your idea and any work done on your idea (by employees,
contractors, etc.) remain owned solely by you. It is highly advised that you consult with
your patent lawyer when drafting any and all NDAs associated with your inventions and
potentially patentable ideas.
Research your idea to make sure it is eligible for patenting under established patent law
Research your idea and make sure that it is one that is eligible for patenting under established
patent law. As discussed above, you can patent inventions, designs, and even some plants as long
as your invention is:
New: Have you heard of this idea or something similar before?
Non-obvious: Is it something others can easily think of?
Useful: Can the idea be put to practical use?
It is important to note here that abstract ideas and natural phenomena cannot be patented. Your
research should include a USPTO patent search to make sure that a patent has not already been
issued, or is pending, for your invention, design, or idea. You may additionally want to take a
look at foreign international patents and review related scientific and technical journals. You can
read more specific details in this beginner's guide to patent searching
You should also consider some market research to determine if your idea, when developed, will
make enough money to justify the time and cost of developing it into a patentable invention or
design. Your market research will include an analysis of products on the market that accomplish
similar tasks to your invention as well as an evaluation of your potential competitors.
Prepare your patent application and understand cost, patent type, and possible provisional
patent
If you’ve successfully completed the above steps, it’s time to prepare and file your patent
application. Here are the main issues you will need to resolve during the patent filing process:
Cost: The actual patent application process can be expensive. In some cases, filing for a patent
can cost anywhere from $5,000 to $7,000 for a simple application and well over $16,000 to file a
patent for something more complicated like a software patent. Startups may need to find
investors or take out loans to fund their patent filing.
Patent Type: As discussed above, there are three main types of patents: utility, design, and plant
patents. You will need to determine the right patent type for your idea, but in most cases, your
choice will be a utility patent.
Provisional Patent Application: Before filing an actual (non-provisional) application for your
patent, you may want to consider filing a provisional patent application. Not to be confused with
the application for the patent itself, a provisional patent application is a document filed with the
USPTO that establishes an early filing date for the subsequent filing for a non-provisional utility
patent. It also gives the applicant “patent pending” status and the right to use the term “Patent
Pending” in documents describing the invention.
A provisional patent application requires the inclusion of a specification, but is filed without a
formal patent claim, oath or declaration, or information disclosure statement. It must be followed
up with the filing of the non-provisional patent application within 12 months. The application fee
for a provisional patent application is $65 for micro-entities, $130 for small entities, and $260 for
large companies.
Filing your patent application to obtain the actual patent that protects your invention or
design
Your patent application will include a number of statements and attachments including:
A specification attachment called the “narrative” section of the application. It should include:
A description of the invention.
Prior art.
The reason or purpose for the invention.
An explanation of the invention detailing: how it is constructed, what it is made of, and how it
works.
A written claim that follows these strict requirements:
The claim should be written in sentence fragments starting with a capital letter and
ending in one period with no quotation marks or parentheses.
A statement of the independent claim that is a broader description of the item.
Dependent claims after the independent claim that are descriptive remarks and drawings
of the invention broken down into single parts of the item.
You must also prepare drawings that show every feature in the claims. You can typically hire
someone to prepare the drawings for around $75 to $150 per drawing sheet by searching
online. Patent drawings have strict requirements for the materials, size, form, symbols that can be
used, sharing, size of paper, margins, color, font, etc.
You will also need to include a signed and notarized oath from the inventor declaring that the
inventor believes himself or herself to be the originator of the invention. The oaths can be found
here:
Utility Patent Oath
Design Patent Oath
Plant Patent Oath
Once you have received your authorization code and reference number through mail or phone
after your certificate action form has been processed, here are detailed instructions on how to fill
out your patent application using the USPTO's Electronic Filing System (EFS):