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BY V.RENGASAMY DEPUTY CONTROLLER OF PATENTS AND DESIGNS PATENT OFFICE, CHENNAI .

BY V.RENGASAMY DEPUTY CONTROLLER OF PATENTS AND DESIGNS PATENT OFFICE, CHENNAI . PATENTING SYSTEM IN INDIA. WHAT IS PATENT ?.

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BY V.RENGASAMY DEPUTY CONTROLLER OF PATENTS AND DESIGNS PATENT OFFICE, CHENNAI .

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  1. BYV.RENGASAMYDEPUTY CONTROLLER OF PATENTS AND DESIGNSPATENT OFFICE, CHENNAI . PATENTING SYSTEM IN INDIA

  2. WHAT IS PATENT? • Patent is an exclusive right granted by the Authority to the applicant of an invention for a limited period of time in lieu of full disclosure of his invention.

  3. WHAT IS AN INVENTION? “Invention” means any (i) new product or process, (ii)involving an inventive step and (iii)capable of industrial application.

  4. Criteria for Patenting • Novelty • Inventive step • Capable of industrial application

  5. Novelty • The invention should not have been published in India or elsewhere. • The invention should not have been in prior public knowledge or public use in India. • Exception: display in public exhibition or paper presented before a learned society but within twelve months, patent application should be filed.

  6. Inventive Step • “Inventive step” means a feature of an invention that involves technical advancement as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. • The question, ‘is there any inventive step?’ arises only if there is novelty. • Example.

  7. Capable of industrial application • Capable of industrial application, in relation to an invention means that the invention is capable of being made or used in an industry.

  8. INVENTIONS NOT PATENTABLE a) an invention which is frivolous or contrary to well established natural laws; b) an invention which is contrary to law or morality or injurious to public health; c) the mere discovery of a scientific principle or the formulation of an abstract theory;

  9. d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or any new property or new use for a known substance;

  10. e) a substance obtained by a mere admixture; f) the mere arrangement or re-arrangement or duplication of known devices

  11. g) a method of agriculture or horticulture; . h) any process of treatment of human beings, animals to render them free of disease; i) 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;

  12. j)a mathematical or business method or Computer program per se; k)topography of integrated circuits; l) an invention which in effect, is traditional or which is an aggregation or duplication of known properties of traditionally known component(s).

  13. Atomic energy • For inventions relating to atomic energy, no patent shall be granted.

  14. DEFENCE • To be referred to Central Government • Secrecy directions to be periodically reviewed

  15. Who can apply for a patent? • Any person who is true and first inventor or his assignee or legal representative of the deceased inventor can make an application either alone or jointly with any other person.

  16. Where to file? • For applicants resident in India, appropriate office is determined according to any of the following: place of residence/business/ origin of invention • For applicants not resident in India or with no place of business in India,appropriate office would be according tothe address for service given in the application form.

  17. Types of Patent Applications • An ordinary application. • An application for patent of addition. • A convention application. • A divisional application. • PCT National phase application.

  18. REQUISITE DOCUMENTS. • Application on Form 1 in duplicate. • A provisional or complete specification in duplicate. • Abstract in duplicate. • Drawings, if necessary, in duplicate • Proof of right to apply in duplicate, if necessary. • Power of attorney, if required • Declaration as to inventorship, if necessary • Certified copy of convention application • Fees Rs.1000*/4000*.

  19. SIZE OF DOCUMENTS • All documents except affidavits shall be on A4 sheets (29.7 by 21 cm) • Margin should be of at least 4cms on the top and left and 3cms at the bottom and right hand part. Further the drawings shall contain- a) in the left hand top corner,name of applicant ; b) in the right hand top corner, number of sheets of the drawings and the sheet numbers ; c) in the right hand bottom corner, the signature of the applicant or his agent.

  20. PROVISIONAL SPECIFICATION • Should contain title and description of the essential features of the invention. • Need not include the manner of performing the invention. • Should not contain claims.

  21. COMPLETE SPECIFICATION • Title of the invention • Field of Invention • Uses of the invention • Prior art • Drawbacks of the prior art • Comparison of prior art and the invention • Summary of the invention • Detailed description of the invention • Claims.

  22. CLAIMS • Claims should relate to a single invention. • Claims should be clear and concise. • Claims should be supported by description. • Principal claim should define all essential novel features. • Preferred features may be given in the subordinate claims.

  23. PUBLICATION All applications for Patent shall be published after expiry of eighteen months from the date of filing of application or the date of priority of application which ever is earlier. EXCEPT In which secrecy direction is imposed under section 35 Or Has been abandoned under sub-section (1) of Section 9. Or Has been withdrawn 3 months prior to 18 months.

  24. REQUEST FOR EARLY PUBLICATION • However if an applicant is interested that his application is to be published before 18 months, he can make a request on form 9 with prescribed fee for an early publication. • Fee: • Rs. 2,500/- for Natural Person(s). • Rs.10,000/- for Other than Natural Person(s). • Controller on receipt of the request with fee will publish the application immediately.

  25. Effect of Publication • Upon publication – a) the patent office may make the specification and drawings, if any, available to the public. b) the depository shall make the biological material available to the public; • Provisional right.

  26. REQUEST FOR WITHDRAWAL • request for withdrawal of application can be filed at any time before the grant of a patent with prescribed fee on plain Paper. • Fee: • Rs. 1,000/- For Natural Person(s) • Rs. 4,000/- For Other than Natural Person(s).

  27. REQUEST FOR EXAMINATION • Request for examination shall be filed on form 18 with the prescribed fee. • But has to be filed within 48 months from the date of priority or from the date of filing of application whichever is earlier. • Fee: • Rs. 2,500/- for Natural Person(s) • Rs. 10,000/- for Other than Natural Person(s).

  28. Formal Examination • Number of copies • Size of documents • Name, address and nationality • Proof of right, petition if necessary • Priority document, date etc. • Statement and undertaking etc. • Drawings

  29. Substantive examination • Classification, all possible • Searching Relevant files Internet search Deciding about novelty inventive step and patentability.

  30. FER • FER and its importance • Last date(12months from FER)

  31. Amendments • Voluntary Amendments(Form 13) • Amendments to meet objections • Putting in order for grant.

  32. Unity of invention and divisional application Date of application a) Ante-dating b) Post-dating

  33. TERM OF PATENT • 20 years from the Date of filing the Patent Application.

  34. Post-Grant Opposition • At anytime after the grant of patent but before the expiry of a period of 1year from the date of publication of grant of patent, any person interested may give notice of opposition in the prescribed manner.

  35. GROUNDS OF OPPOSITION • Wrongfully obtained • Prior publication • Prior claiming • Prior public use • Obviousness • Not an invention • Insufficiency of description • Failure to disclose about foreign applications • Convention application not filed within 12 months • C.S does not disclose or wrongly mentions the source or geog.origin of biological material • Anticipated by oral knowledge, or otherwise, available within any community in India or elsewhere

  36. DUTIES OF THE PATENTEE • Payment of Renewal fees • Commercial working of the invention • Periodical report to the Controller of the Commercial working of the invention

  37. RESTORATION OF LAPSED PATENT • The application for restoration of lapsed patent has to be filed within 18 months fromthe date on which the patent ceased to have effectby the patentee or his legal representative.

  38. FEE SCHEDULE

  39. ADDRESS PATENT OFFICE , GOVERNMENT OF INDIA, Intellectual Property Building, GST Road, Guindy, Chennai – 600 032. E-Mail: chennai-patent@nic.in Telephone:2250 2081, 2250 2082, 2250 2083. Telefax: 2250 2066. Website: http://www.ipindia.gov.in

  40. Thank You

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