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Law of

Patents and filing process


By

Vikram Pratap Singh Thakur

vikram@brainleague.com

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
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
• 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

Kalyan’s
Patent Filter Model

Illustration
• X invents a door knob made of clay and porcelain,
which could be used in very low or high
temperatures without deformation and was cheaper
than 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


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


Mumbai The states of Gujarat, Maharashtra, Madhya Pradesh, Goa,
Chhattisgarh, The Union Territories of Daman and Diu and Dadra
and Nagar Haveli.
Delhi The states of Haryana, Himachal Pradesh, Jammu and Kashmir,
Punjab, Rajasthan, Uttar Pradesh, Uttranchal, National capital
territory of Delhi and the union territory of Chandigarh.

Chennai The states of Andhra Pradesh, Karnataka , Kerala, Tamil Nadu and
the union territories of Pondicherry and Lakshadweep.

Kolkata (head Rest of India


office)

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 at
the 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.
• Form 26 - Authorization of patent agent or any other
person. (if filed through an agent)
• Priority document details have to be filed for a
Convention 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
➢ verifying the propriety and correctness of all
documents
➢ 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
Payment
List of filed applications
View status of application
Generate and print
acknowledgement
Certified and True copy
THANK YOU
vikram
rainleague