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PATENT AND DESIGN PROTECTION
By- Nishant Kewalramani
A Property of BananaIP
AGENDA
Patentability Requirements
Patent Process
Design Requirements
Design Process
PATENTABILITY REQUIREMENTS
INVENTIONS
Subject Matter
Usefulness (Utility)
Novelty
Non-obviousness/Inventive Step
Specification
PATENTS
PATENTABILITY REQUIREMENTS
Patentable Subject matter Product and process
Some Exclusions (Non- Patentable subject matter) Frivolous inventions Inventions prejudicial to life or environment Mere arrangement or rearrangement of devices Mere Combination of two known devices Traditional Knowledge(for more information on non-patentable subject matter, please
refer to section 3 of Indian patent act)
PATENTABILITY REQUIREMENTS
Patentable subject matter?
A pencil box having a sharpener attached
A new method of curing cancer
PATENTABILITY REQUIREMENTS
Usefulness/ Utility
Capable of being made or used in an industry
Credible
Current
PATENTABILITY REQUIREMENTS
Novelty an aspect that does not form a part of the
prior art reference(prior publication, prior public knowledge or use, public display and so on)-
all elements MUST be present in one single reference
PATENTABILITY REQUIREMENTS
+
PATENTABILITY REQUIREMENTS
Non-Obviousness/Inventive step Invention should involve technical advance or
economic significance or both; and The invention should not be obvious to a person
having ordinary skill in the art.
All elements of the invention may be present in one or more references
VEHICLE CONTROL PEDALA- Support mounted to a vehicleB- Adjustable pedal assemblyC- A pivot point for pivotally
supporting the pedal assemblyD- Position Sensor- Electronic
ControlE- Electronic Sensor not to be
placed on a moving point as moving may result in quicker wear and tear of the wiring
Electronic sensor was attached to fixed pivot point.
PATENTABILITY REQUIREMENTS
Specification A techno-legal document Provide complete information (manner of making
and using) about the invention Disclose the best method of performing the
invention Must end with a claim or claims defining the
scope of protection
PATENT PROCESS
Filing Publication Examination Pre-Grant Opposition Grant Post-Grant Opposition
PATENT PROCESS- FILING
Patent Application Form of Application
Provisional Application (Provisional Specification + Filing documents)
Non Provisional/Complete Application (Complete specification + Filing documents)
Priority Date- filing date of the first application in a chain of applications
PATENT PROCESS-FILING
Types of Application
Domestic Application
Convention Application
International Application
National Stage Application
PATENT PROCESS-FILING
• Patent Offices• Mumbai Patent Office- States of Maharashtra,
Gujarat, MadhyaPradesh, Goa, Chattisgarh, Diu Daman, Dadra and Nagar Haveli
• Chennai Patent Office- States of Andhra Pradesh, Karnataka, Tamil Nadu, Pondicherry and Lakshadweep
• Delhi Patent Office- States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi, Chandigarh
• Kolkata Patent Office- Rest of India
PATENT PROCESS-PUBLICATION
Notice to Public (18 months from the priority date)
Rights start from the date of publication
Request for early publication
PATENT PROCESS-EXAMINATION
• Proper request must be filed– By the Applicant– By the interested person (person engaged in or
in promoting, research in the field of the invention)
• Time limit- 48 months from priority date
• Formality check
• Prior Art search and analysis by the Examiner
PATENT PROCESS-EXAMINATION
First Examination report from the Examiner within 6 months from the date of request
Response from the Applicant within 12 months
PATENT PROCESS- GRANT
3-4 years from the date of filing
To be renewed every year after 2 years from the grant date
DESIGN REQUIREMENTS
A design may include Shape Configuration Pattern Artistic Aspect
Must be Original – independently created by the person
claiming the protection; andDistinct- significantly distinguishable from known
designs
DESIGN PROCESS
Filing an application with photographs of the product
Examination
Registration
THANK YOUFor further information contact
[email protected] and/or visitBlog: www.sinapseblog.com
Web: www.bananaip.com