Lecture by Preethi Narayanan, Patent Consultant, Chennai Contact no: 9445661902 Mail id: preethinarayanan86@gmail.com 1
What is patent? Is my idea or project patentable? How to apply for patent in India? What are the requirements for filing patent? How much it cost to get patent in India? 2 How can I make money from my patent?
What is Patent? 3
Patent is an exclusive right that gives an inventor the right to stop other people making or using their invention. It is a monopoly right granted to the inventor. Patent protection means that the invention cannot be commercially made, used or sold without the patent owner’s concern. The patent specification is a techno-legal document. The term of patent is for 20 years. Filing of patent application should be given priority to obtain appropriate protection for your research work. 4
Is my idea or project patentable??? 5
First step towards patenting your invention is checking for patentability.. Gathering the details about your invention such as: Field of invention, Background study, Materials used, Method or process involved, working of the invention, examples, experimental procedure and data, comparative study, advantages of the invention, industrial utilization, drawings, flow chart, process. 6
Second Step: Check for patentability: Novelty or new: the subject matter of the invention should not be published or know to or available to public in India or elsewhere before the date of filing of the patent. Inventiveness: patent description should have an inventive step means ie., an aspect of the invention that involves a Technical advance or economic significance or both with respect to existing knowledge, thus making invention non obvious to a person skilled in the art. 7
Industrial applicability: invention to be patented should have a utility that is it is capable of being made and used in an industry. Non-patentable subject matter: Invention should not fall under the non- patentable subject matter such as: 8
harmful to human, animal or plant life or to environment. Eg. The genetically modified onco mouse to develop cancer for the purpose of medical research is not patentable because cancer can be transmitted to public. Discovery of living things or non living substances in nature. Eg. Newton’s law. discovery of microorganism. 9
New use or new property of known substance . Eg. New use of neem, turmeric. new use of aspirin for heart ailments. Mere admixture resulting only in the aggregation of the properties of the components. Eg. Solution of sugar and color additives of water to form a soft drink. 10
mere arrangement or arrangement of or duplication of known devices Eg: an umbrella with fan bucket fitted with torch Methods of agriculture or horticulture. Eg. Cultivation of algae, producing new form of known plant. 11
Method of medical treatment. Eg. application of medical composition for removal of warts or moles. Plants & animals in whole; Parts of plants & animals; Seeds; Varieties & species; Essentially biological processes for propagation or production of the animals & plants. 12
Mathematical method, computer program, algorithms, business method. Eg. Online chatting method. method of performing mental act or method of playing game. Eg: scheme for learning a language, method of solving a cross word puzzle. 13
Presentation of information. Traditional knowledge. Eg. Wound healing property of turmeric. inventions falling under atomic energy. 14
Third step is to go for prior art search to find whether there is any similar or relevant patent available in public domain. Results of prior art search gives you: • An idea about which part or feature or embodiment of your invention is already covered and what could be novelty feature... • it helps to focus on further research or development work to get maximum level of protection for your invention.. • Further it gives a clear picture about whether it is appropriate to proceed with patent filing process. 15
How to apply for patent in India? 16
Who can file patent application??? The patent application may be filed by any of the following persons either alone or jointly with any other person: True and first inventor, True and first inventor’s assignee, Legal representative of deceased true and first inventor or his/her assignee. 17
Where to file Patent your application? Indian patent offices are located at Kolkata, Delhi, Chennai, Mumbai. The patent application has to be filed in the appropriate office based on Place of residence or business of applicant, Place from where the invention actually originated. 18
How to file patent application Application can be filed in patent office : - Sending the completed documents through post - Submitting the documents in person to Patent office - through Online – Indian patent office portal https://ipindiaonline.gov.in/epatentfiling/ 19
Types of Patent Application 1. Ordinary Application : An application filed in patent office without claiming priority from any application or without reference to any other application under process in the patent office. 2. Divisional Application: a application divided from main application in case of plurality of inventions disclosed in the main application 3. Patent of Addition: An application which may be filed subsequent to filing of an application for patent, for an improvement or modification. 20
4. Convention Application: Filing a patent application in a Paris Convention country, then file separate patent applications in other Paris Convention countries within 12 months from the filing date of that first patent application, giving you the benefit in all those countries of claiming the filing date of the first application. 21
5. PCT application: PCT (Patent Cooperative treaty) is an international application which has two phases such as international phase and national phase. It is route for filing patent application in all the designating states by claiming the priority of first filed patent application in the regional patent office. 22
PCT procedure • Filing of international application in regional or WIPO, • International search report, • International publication, • Supplementary international search opinion (optional), • International preliminary examination report (optional), • Entering into national phase (time limit- 30/31 months). 23
What are the Requirements for filing patent? 24
1. Covering letter - addressing to the Controller of patents, patent office, Chennai (appropriate jurisdiction) with mentioning the list of enclosed documents, 2. Application for Grant of Patent in Form 1, Hard copy should 3. Statement and Undertaking in Form 3, be submitted to patent office in 4. Declaration of Inventor-ship in Form 5, case of e-filing 5. Power of Attorney in Form 26 (in original) (if filed through attorney), 25
6. Complete/Provisional specification in Form 2, 7. Prescribed fees (in DD – if filed in physical mode or the CBR if filled through e-filing mode), 8. Request for early publication in Form 9 (optional), 9. Request for Examination in Form 18, and 10. If filing under small entity or startup category then Form 28 should be submitted. 26
The details that should be provided in the respective forms in Patent techno-legal document are given below: Legal Information and Forms: Form 1 – Application for grant of patent - name and address of the inventor(s), - name and address of the applicant(s), - Communication address or address of service, - Information corresponding to prior patent applications, Form 3 – Statement and undertaking under section 8 Details of foreign filing. 27
Form 18 - Request for examination - Should be filed within 48 months from the date of filing. - The patent office will not consider the patent application for examination unless this form is filed. Form 26 – Power of attorney - Should be submitted in non-judicial stamp paper. Form 28 – startup and small entity - To be filed to claim either small entity status or start up status (along with proof). 28
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Technical Information : Technical details of the information should be furnished along with Form 2. Types of patent specification: 1. Provisional Specification 2. Complete specification 35
Contents of Provisional Specification 1. Title of the invention 2. Description of the invention starts with preamble ‘The following Specification describes the invention. ’ 3. The description contains a. The field of invention, b. background of the invention, c. Object of the invention, d. Brief description of the invention, e. Diagrams (if any). 36
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The contents of complete specification are: Title of Invention Field of Invention Background Objects of the invention Summary of Invention Brief description of drawings Description of invention Examples if any, working of the invention Abstract Claims 38 Drawing / diagram / flow-chat
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How much it costs for patent filing? 40
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