Patentable subject matter and patent rights

8/14/2019 Patentable subject matter and patent rights

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Law of

Patents and filing processByVikram Pratap Singh Thakur

[email protected]

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
mailto:[email protected]:[email protected]


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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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