patentable subject matter and patent rights
TRANSCRIPT
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Law of
Patents and filing processByVikram Pratap Singh Thakur
Agenda Patentability requirements (overview) Patent Process in India Online patent filing process in India
Patent What is a patent? Rights
Make Use Sell Offer for sale Import
Patentability requirements Patentable subject matter Utility Novelty Non-obviousness Specification
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Patentable Subject Matter Inclusion list
Product or Process Exclusion list
Section 3 and 4
Exclusion list Frivolous inventions and Inventions against Natural
Laws Inventions contrary to Public Order or Morality or
prejudicial to Life or Environment Scientific Principle or Abstract Theory or Discovery
New Form or New Property or New Use Mere Admixture Mere Arrangement or Re-arrangement of devices or
duplication
Exclusion list cont Method of Agriculture or Horticulture Medical Methods Plants and Animals Mathematical Algorithm and Computer Program Copyrightable works and Presentations Mental Act and Method of playing a Game Integrated Circuits Traditional Knowledge Atomic Energy (sec 4)
Utility (Industrial applicability) Capable to be used in the industry At least used for one purpose
Novelty New Not part of prior art
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Single reference
Non-obviousness (Inventive
Step) Inventive step Technical advance; and/or Economic significance
Person skilled in the art Multiple references combined
Specification Description of the invention
Enablement Best mode
KalyansPatent Filter Model
Illustration X invents a door knob made of clay and porcelain,
which could be used in very low or hightemperatures without deformation and was cheaperthan existing knobs. The prior art relating to the knob
includes: Door knobs made of metal, which were being
sold and used extensively; and Kitchen utensils made of clay and porcelain.
Indian Patent Procedure
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Filing
Contents of application (provisional or complete) Persons entitled to apply Place of application Types of application Priority date Documents
Contents of specifications Title (P) Abstract (P) Written Description (P) Drawings (where necessary) Sample or Model (if required by the examiner) Enablement and Best Mode Claims Deposit (Microorganisms)
Persons entitled to apply True and first inventor of the invention Assignee Legal representative
Place of application
Patent offices Territorial jurisdiction
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Mumbai The states of Gujarat, Maharashtra, Madhya Pradesh, Goa,Chhattisgarh, The Union Territories of Daman and Diu and Daand Nagar Haveli.
Delhi The states of Haryana, Himachal Pradesh, Jammu and Kashm
Punjab, Rajasthan, Uttar Pradesh, Uttranchal, National capitaterritory of Delhi and the union territory of Chandigarh.
Chennai The states of Andhra Pradesh, Karnataka , Kerala, Tamil Nadthe union territories of Pondicherry and Lakshadweep.
Kolkata (headoffice)
Rest of India
Various types of applications in
India Ordinary application Convention application PCT international application PCT National phase application
Application for Patent of addition Divisional Application
Priority Date Date of first filing Date of foreign filing if foreign application filed earlier Date of PCT international application
Documents to be submitted atthe time of filing
Form 1 - Application for the grant of patent.
Form 2 - Provisional or Complete Specification. Form 3 - Statement and undertaking by the applicant. Form 5 - Declaration as to inventorship.
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Form 26 - Authorization of patent agent or any otherperson. (if filed through an agent)
Priority document details have to be filed for aConvention application.
Proof of right if the application is made by the assignee. Death Certificate of deceased - Legal Representative
Publication Date of publication Open for public inspection Rights of patentee starts Early publication Circumstances when publication not done
Publication after 18 months
Examination Request for examination Formal examination
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verifying the propriety and correctness of alldocuments
verifying the patentability First Examination Report (FER)
Amendments
Grant Order for grant Fees Grant Publication Rights of patentees can be enforced
Publication of granted patents
E filing in India
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Payment
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List of filed applications
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View status of application
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Generate and printacknowledgement
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Certified and True copy
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THANK YOU
rainle
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