Patent System

Dr. Tapas Kr.Bandyopadhyay

A.Intellectual Property B.Patent C.Patent system in India

A. Intellectual Property

Intellectual Property Creation of Mind

      

Patents Copyrights Design Registration Trademarks Geographical Indications Integrated Circuits Trade Secrets

Role of Intellectual Property

Industrial Development Economic Development of country

B. Patent

What is Patent ?

Intellectual Property Industrial Intellectual Property Ownership Nature of Property Intangible Transferable Grant from the Government y Monopoly of right y to the owner y for invention y on application y for limited period

History of Patents

It was first introduced in the fifteenth century by Italy. First known grant of patent by a STATE to an inventor is by Republic of Florence in 1421. First Patents ordinance was by VENICE in 1474

History of Patents


Granting rights and privileges to inventors was authorised during Queen Elizabeth I in Great Britain. In 1623, Great Britain proposed granting exclusive rights for new inventions with a term of 14 years through an act of Parliament, known as the Statute of Monopolies Act of 1623. It was only towards the end of 18th century and during 19th century this was formalised in USA, France and other countries.

STATUTES ON PATENTS
      

France Netherlands Austria Russia Bavaria Prussia Sweden

 1791  1809  1810   1812  1812  1815  1826 

Spain 1826 Canada (2)1823/1826 Mexico 1832 Texas 1839 Brazil 1840 Chile 1846 Great Britain 1852 India 1856 USA 1970

C. Patent System India

Indian IPR events Calendar

1856

 

 

The Act on Protection of Inventions based on the British Patent Law 1852. Validity 14 Yrs. 1859 The Act was further modified. 1872 The Patents and Designs protection Act. 1883 The protection of Inventions Act. 1888 Consolidation as The Inventions and Designs Act.

Basics of The Patents Act 1970

Reduce Term (7 Years) Drug and Food

Differential Term of Patent

Full Term (14 Years) Other Inventions

Restriction of Product Patent

Product Patent Not Allowable on Drug, Food & Chemical Produced by Chemical Process Process Patent Allowable on Any Kind of Inventions

Compulsory License & License of Right with More Grounds

SKM

Salient Points for Patents (Amendment) Act, 2002

Define Invention as per TRIPS Request for Examination & 18 months publications Broaden scope of non-patentable invention Incorporate Rights of Patentee as per TRIPS Reversion of Burden of Proof for Process Patent Uniform 20 years Term of Patent irrespective of technology Parallel Import of Patented Products before 3 years of Expiry of Patent by others Protection of bio-diversity & Traditional Knowledge Enlargement of Provisions for National Security New Provisions for Compulsory Licence, Deleting Licence of Right Creating Appellate Board for Speedy disposal of Appeals

INVENTION
NEW PRODUCT OR PROCESS INVOLVES INVENTIVE STEP (Non Obvious) & CAPABLE OF INDUSTRIAL APPLICATION

Inventions Not Patentable

Frivolous or contrary to well-established natural laws Contrary to law or morality or injurious to public health Scientific principle or formulation of abstract theory Substance by mere admixing Method of agriculture/horticulture Method of treatment of human beings, animals Invention on traditional knowledge/Aggregation or duplication of known properties of traditionally known components Computer program per se, integrated circuit, mere scheme or rule.

NOVELTY LOST
Prior Publication Prior Claiming Prior Public Use Prior Public Knowledge

Novelty
S +O2= SO2 Control unit Control unit Arrangement for sulphur feeding 2SO2 + O2 =2SO3

sulphur storage tank

Suphur combustion

H Catalytic converter

Arrangement For SO3 injection

A1 Air Blower Divider A2

H- Heat exchanger/arrangement to control temperature A1-Heater/arragement for increse temperature A2-Heater/arrangemnet to increase temperature C-Controller

Generalized Block Diagram

Novelty??
1. 2. 3. Either of the arrangement Process parameter like temperature, catalyst, feeding concentration, control mechanism

Right from Patent : Exclusive Right to Make, Use, Exercise, Sell or Distribute and Authorize others
Technology Man

PATENT
Patent
Make, Use, Exercise Sell or Distribute

Sell or Distribute

Capital

Jurisdiction for Filing Patent Applications

Head Office (Kolkata)

Branch Office (Delhi)

Haryana, Punjub, Delhi, Himachal Pradesh (HP) Jammu & Kashmir (J&K) Rajasthan, Chandigarh (UT) Uttar Pradesh (UP), Uttarakhand

Branch Office (Mumbai) Branch Office (Chennai)

Maharashtra, Gujarat, Madhya Pradesh (MP) Goa, Daman & Diu (UT) Dadar & Nagar Haveli (UT), Chattisgarh, Andhra Pradesh (AP), Kerala, Tamil Nadu, Karnataka, Pondicherry (UT), Laccadive, Minicoy & Amindivi Island (UT)

Rest of States and Union Territories (UT)

Kolkata

When to File a Patent Application ?

Filing should be made immediate after the invention is developed for commercial working Delay in filing may involve certain risks Other invention of substantially same nature may take the advantage of priority, depriving the true and first inventor An inadvertent publication of invention by inventor or others may damage the novelty of invention Patent should be filed before any kind of publication or commercial using or communication to others

Filing Procedure & Formalities

 True & first inventor or assignee or legal representative separately or jointly Application  One application in prescribed form (duplicate) for one invention in appropriate jurisdiction with prescribed fee Information &  Abroad filing & status of filing in Undertaking prescribed form (triplicate) Declaration of  Filing complete specification after Inventorship provisional specification or filing convention application Priority  Certified copy of basic application in Document convention country Provisional / Complete Specification (duplicate) Power of Attorney (Where applicable) Applicant

Contents of Specification

Provisional Specification y Description of essential features of invention y Need not include claims & manner of performing invention Advantage y Provisional protection from early stage of invention y Cognating of two or more provisional specifications & constitute one final complete specification during different stages of invention Complete Specification Field of invention Prior art/state of art Setting for invention Object of invention Statement of invention Statement of Drawings (if any) Description with examples Set of claims Abstract

Patent Application filed at appropriate Patent Office

Request for Publication ( within 18 months of date of filing) Opposition (within 3 months of date of publications) No Opposion or opposition in favour of applicant Request for Examination ( within 36 months of date of filing or priority)

PROCEDURE

Substantive Examination FER first examinat ion report

6 month from the date of FER to meet objections

Refused
Appeal to Apple ate Board

Accepted
Notified in Official Gadget Opposition No Opposition or opposition in favour of applicant

Accepted

Rejected

Granted

Opposition to Grant of Patent

Acceptance Notification Opponent enters within four months, extendable not exceeding one month Grounds of Opposition
X Wrongful obtaining Y Prior publication Z Prior claiming [ Prior public knowledge and use in India \ Obviousness ] Not an invention or not patentable invention ^ Insufficiency _ Information regarding foreign filing not filed or false `Convention application not made within 12 months `Non disclosure of Geographical Origin of the biological material used. `Anticipation in respect of oral or other local knowledge.

Term of Patent (Sec 53)

The term of every patent is uniformly 20 years from the date of application of any patent.

Right of Patentee (Sec 48)

Product : To prevent third parties from the act of making, using, offering for sale, Selling or importing without the consent of Patentee. To prevent third parties from the act of using the process, offering for sale, Selling or importing the product obtained by the said process without the consent of Patentee.

Process

PCT Systems
(months) 0 File application locally

Traditional Patent Systems

12 File applications abroad

Local patent application followed within 12 months by multiple foreign applications claiming priority under Paris Convention: multiple formality requirements Multiple searches Multiple examinations and prosecutions of applications Translations and national fees required at 12 months

PCT Systems (for India)

(months) 0 12 16 18 19 21
File File International application International search locally application International publication Or ever 31

Entry into national phase

International preliminary examination

Local patent application followed within 12 months by international application under the PCT, claiming Paris Convention priority, with national phase commencing at 21 or 31 months (at the applicants option): one set of formality requirements international search international publication international preliminary examination international application can be put in order before national phase translation and national fees required at 21 or 31 months,and only if applicant wishes to proceed

Patent Cooperation Treaty (PCT)

Benefit of Filing International Application

BRAZIL CANADA

FRANCE

DENMARK

Seeking Protection Simultaneously More Decision Time to Enter National Phase Strength of Invention through Search and Examination Opportunity to have Foreign Counterparts 75% Rebate in Fees for Natural Persons of India

THANK YOU