Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,

India
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
 INTELLECTUAL PROPERTY

INDUSTRIAL
COPYRIGHT
PROPERTY

PATENTS,INDUSTRIAL
DESIGN,GRAPHICAL
INDICATION,TRADEMARK

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
 S

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
The patent owner may give permission to, or license, other
parties to use the invention on mutually agreed terms. The
owner may also sell the right to the invention to someone else,
who will then become the new owner of the patent.

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
An invention must, in general, fulfill the following conditions for
grant of patent.

It must be of practical use

It must show an element of novelty, that is, some new

characteristic which is not known in the body of existing
knowledge in its technical field. This body of existing knowledge is
called "prior art".

The invention must show an inventive step which could not be

deduced by a person with average knowledge of the technical
field.

Finally, its subject matter must be accepted as "patentable" under

law.

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
A contract with the government
You give the public an invention they have never seen before.
The government gives you a limited monopoly(The PATENT)

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
 Who grants patents?
National patent office
Regional office that does the work for a number of countries,
such as the
– European Patent Office
– African Regional Industrial Property Organization.
– Under such regional systems, an applicant requests
protection for the invention in one or more countries, and
each country decides as to whether to offer patent
protection within its borders.
The WIPO-administered Patent Cooperation Treaty (PCT)
provides for the filing of a single international patent
application which has the same effect as national applications
filed in the designated countries.
Through WIPO, an applicant seeking protection may file one
application and request protection in as many signatory states
as needed.
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Patentable Subject Matter

Anything man-made.

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
Patentable Subject Matter

Articles of manufacture.

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
Patentable Subject Matter

Process or methods.

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
Patentable Subject Matter

Designs

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
 Patentable Subject Matter

And also:--

Composition Of matter

Business Methods

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
 Non patentable subject matter.

Mathematical formulae; algorithms

Naturally occuring organisms

Laws of nature

Abstract ideas

Natural phenomenon
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
PATENTING PROCEDURE

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
 AN OVERVIEW OF THE INDIAN
PATENT PROCEDURE
1. Filing of Patent Application.
2. Publication of the Application.
3. Examination of the Application.
4. Objections.
5. Response to office actions by the Applicant.
6. Pre Grant Opposition (if any).
7. Hearing (if required).
8. Grant/Rejection of a Patent.
9. Post Grant Opposition (if any).
10. Renewal of Patents.
11. Abandonment of Patents.
Designed and Developed by IP Laboratory,
12. Restoration of Patents.
MNNIT Allahabad 211004, Uttar Pradesh,
India
 Patent Grant Procedure
Filing of patent application

Early Publication Publication after 18 months

Pre Grant Opposition /

Representation by any person.

Request for examination

Examination: Grant or Refusal

Publication of Grant of patent

Post Grant Opposition to grant of patent

(Constitution of Opposition Board)
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
Decision By Controller
India
 Types of Patent Applications

1. Ordinary application.
(i) application with provisional specification
(ii) application with complete specification

2. Convention application .

3. PCT National Phase Application .

4. PCT international Application .

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
 FILING OF PATENT APPLICATIONS

There are two types of Patent Applications:

1. Provisional.
2. Complete.
A provisional application for Patent can be filed
at the Patent Office to claim priority.
A Complete specification has to be filed within 12
months from the date of filing of the
Provisional Application. The filing fee of a
Provisional/Complete Application is Rs.1000/- for
individuals and Rs.4000/- for non-individuals.

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
 Indian Patent Applications Fees
Sr. On what payable From Natural Fees for
No. No. Person(s) other than
natural
Person(s)

1 Application for Patent 1 Rs. 1000/- Rs. 4000/-

Sheets/Claims Rs.100/200 Rs.400/800/-
2 Examination Request 18 Rs. 2500/- Rs. 10000/-

3 Early Publication 9 Rs. 2500/- Rs. 10000/-

Request u/s 11(A)(2)

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
 PUBLICATION OF THE APPLICATION

• A Patent Application is published in the Patent

Office Journal just after 18 months from the
priority date which is the date of filing of the
application.

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India
 Filing a Patent Application in INDIA
FEES:Natural Person/s Rs.1000/-
Otherwise Rs.4000/-
Filing of patent application
on Form-1
With Complete Specification

With Pro. Specification Early publication Request

18 M

Filing Complete Within FEES: Natural Person/s Rs.2500/-

12Months after Provisional Otherwise Rs.10000/-
Published

NO
F.E.R. Issued.
REQUEST for EXAMINATION
Application on Form-18 Within 36 mths of filing
ABANDONED application. EXAMINATION
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
THANK YOU

Designed and Developed by IP Laboratory,

MNNIT Allahabad 211004, Uttar Pradesh,
India