Patent

Dr. Binaya Bhusan Jena

Assoc. Prof. & CC-FMS NIFT, Bhubaneswar

Patent????

It is a property right for an invention granted by a government to the inventor.

Dr. B. B. Jena

IPR/Patent/NIFT

What is a Patent?
A patent is an exclusive right granted in respect of an invention, which may be a product or a process that provides a new and inventive way of doing something, or offers a new and inventive technical solution to a problem.

Dr. B. B. Jena

IPR/Patent/NIFT

What Kinds of Invention are Protected?

Must be new or novel It must be non-obvious or involve an inventive step It must be useful or capable of industrial application It should be a part of the patentable subject matter under the patentable law.

Dr. B. B. Jena

IPR/Patent/NIFT

What is an Invention?
Invention is generally defined as a new and inventive solution to a technical problem. It may relate to the creation of entirely new device, product, method or process. Merely finding something that already exists in nature generally does not qualify as an invention; An adequate amount of human ingenuity, creativity and inventiveness must be involved.

Dr. B. B. Jena

IPR/Patent/NIFT

What can be patented?

Process Machine Article of manufacture Composition of matter Or an improvement of any of the above items

Dr. B. B. Jena

IPR/Patent/NIFT

Example

If one has invented a new kind of spray bottle patents can be granted for: The bottle itself (a product) A chemical in the plastic (chemical composition) The spraying mechanism (an apparatus)

How you extruded plastic (a process)

the

Dr. B. B. Jena

IPR/Patent/NIFT

Example
An opener for sparkling beverages, conceived by Argentinean inventors Hugo Olivera, Roberto Cardon and Eduardo Fernandez, has been patented in over 20 countries. The product is commercialized worldwide by a company established by the inventors under the trademark Descorjet.
Dr. B. B. Jena IPR/Patent/NIFT

Example

Dr. B. B. Jena

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Korean motorcycle helmet manufacturer FDC holds 42 patents worldwide for its innovative helmets and has enjoyed enormous success in export markets where it sells about 95% of its products. The company reinvests 10% of its sales in R&D and attaches great importance to innovative design as a key factor of success in the helmet industry.

Example

Torben Flanbaums patent on a Pourer for simultaneously pouring liquid from a container and mixing air into the liquid was licensed to Menu A/S, a Danish company, becoming the companys best selling product.
IPR/Patent/NIFT

Dr. B. B. Jena

What is not a Patentable Subject Matter?

Discoveries and scientific theories; Aesthetic creations; Schemes, rules and methods for performing mental acts; Mere discoveries of substances as they naturally occur in the world; Inventions that may affect public order, good morals or public health; Diagnostic, therapeutic and surgical methods of treatment for humans or animals; Plants and animals other than microorganisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes; and Computer programs
Dr. B. B. Jena IPR/Patent/NIFT

What rights does a patent provide?

The owner of a patent may, in principle, exclude others in the territory covered by the patent from making, using, offering for sale, importing or selling the invention without his or her consent. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else.

Dr. B. B. Jena

IPR/Patent/NIFT

Why to Patent?
Exclusive rights Strong Market Position Higher returns on investments Opportunity to license or sell the invention Increase in negotiating power Positive image for your enterprise

Dr. B. B. Jena

IPR/Patent/NIFT

How to Obtain a Patent?

Filing of a patent application (which contains the title of the invention and a brief statement of the technical field in which the invention lies, as well as the background and a description of the invention in a manner sufficiently clear for it to be evaluated and carried out by a person having ordinary skill in the arts. This should be accompanied by visual materials such as drawings, plans, or diagrams to better describe the invention. Patent rights are granted in return for the inventors full disclosure of the technology to the public in the patent application.
Dr. B. B. Jena IPR/Patent/NIFT

Who may apply?

Application may be made by the inventor, either alone or jointly with another, or his/her assignee, legal representative of deceased inventor or assignee are entitled to apply.

Dr. B. B. Jena

IPR/Patent/NIFT

Patents in India
The Patent System in India is governed by the Patents Act, 1970 as amended by the Patents (Amendment) Act, 2002 and the Patents Rules, 2003 effective from 20-05-2003 in India. The Patent Office, under the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, grants the patents for new inventions and registration of industrial designs.
Dr. B. B. Jena IPR/Patent/NIFT

Legislative Framework of IP Administration Department of IP &P covers

The Patents Act, 1970 (as amended in 2005)
The Patents Rules, 2003 (as amended in 2006)

The Designs Act, 2000

The Designs Rules, 2001 (as amended in 2008)

The Trade Marks Act 1999

The Trade Marks Rules 2002

The Geographical Indications of Goods (Registration & Protection) Act, 1999

The Geographical Indications of Goods (Registration & Protection) Rules, 2002,

Department of Education covers The Copyrights Act 1957 (amended in 1999)

Patent Law - Salient Features

Both product and process patent provided Term of patent 20 years Examination on request Both pre-grant and post-grant opposition Fast track mechanism for disposal of appeals Provision for protection of bio-diversity and traditional knowledge Publication of applications after 18 months with facility for early publication Substantially reduced time-lines
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International treaties
WTO Convention establishing WIPO Paris Convention for the protection of Industrial Property with effect from Dec. 7, 1998 Patent Cooperation Treaty (PCT) with effect from Dec. 7, 1998 Budapest Treaty with effect from 17th Dec. 2001.

Dr. B. B. Jena

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Regional Patent Offices

European Patent Office (EPO) African Regional Intellectual Property Organization (ARIPO) Patent Cooperation Treaty (PCT)

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Patents in the Fashion Industry

A portfolio of patents may, for example, reflect technical superiority in inventing new fabrics that do not crease, or are softer, or more weather-resistant, etc. Such a patent portfolio could help attract business partners or investors.

Dr. B. B. Jena

IPR/Patent/NIFT

Sherry Haar, assistant professor of apparel and textiles at Kansas State University, and Joann Boles, retired professor of clothing and textiles at Virginia Tech, have received a patent for "Therapy Apparel for Children Diagnosed with Sensory Integration Dysfunction" (Patent No. 6,401,249, June 11, 2002). This is a functional, yet fun garment that has been developed to help meet the therapeutic and play needs of preschool children with sensory integration dysfunction.

Dr. B. B. Jena

IPR/Patent/NIFT

Article footwear with removable heel An article of footwear includes a sole assembly, an upper secured to the sole assembly, a heel counter secured to the upper, and a heel pad removably attached to an inner surface of the heel counter.

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IPR/Patent/NIFT

The disclosure is of an elastomer coated textile garment characterized by a textured or "wrinkle" finish. The disclosure is also of a method of manufacturing an elastomer coated textile garment with a "wrinkle" finish. In a preferred embodiment process, the method comprises forming a glove from a base fabric of a woven or knitted fabric having a fibrous, non-woven bat attached thereto and coating the glove with an elastomer in conventional manner.

Wearing apparel and method of manufacture United States Patent 4089069

Dr. B. B. Jena IPR/Patent/NIFT

Novozymes

Novozymes, a Danish, biotech company specializing in enzymes and microorganisms, pioneered the use of enzymes in the treatment of fabrics. In 1987 the company developed and patented a technology for the treatment of stone washed denim jeans. This technology is based on an enzyme called cellulase, which removes some of the indigo dye from denim so as to give the fabric a worn look. Within three years, most of the denim finishing industry was using cellulase under license from Novozymes. Today, Novozymes technology for improving production methods and fabric finishing has been licensed worldwide. The company holds more than 4,200 active patents and patent applications, and pursues a pro-active licensing strategy to maximize royalty revenue from these IP assets.
IPR/Patent/NIFT

Dr. B. B. Jena

Grindi Srl.

The Italian company Grindi Srl. invented Suberis, an innovative fabric made of cork, said to be as smooth as velvet, light as silk, washable, unscratchable, stainresistant, waterproof and fireproof. After testing and codifying the treatment, Grindi filed an international patent application under the Patent Cooperation Treaty (PCT) in 1998 to protect its unique product in a large number of countries. The Suberis fabric is used in the manufacture of clothing, footwear and sportswear, as well as in many other applications.

Dr. B. B. Jena

IPR/Patent/NIFT

Blue Jeans
Levi Strauss (1829-1902) was an entrepreneur who invented and marketed blue jeans. In 1873, Strauss and Jacob Davis, a Nevada tailor, patented the idea (devised by Davis) of using copper rivets at the stress points of sturdy work pants. Early levis, called "waist overalls," came in a brown canvas duck fabric and a heavy blue denim fabric. The duck fabric pants were not very successful, so were dropped early on. His business became extremely successful (and still is), revolutionizing the apparel industry.
Dr. B. B. Jena IPR/Patent/NIFT

COTTON GIN
The cotton gin is a machine that cleans cotton, removing its many seeds. This device revolutionized the cotton industry. Previously, this tedious job had been done by hand, using two combs. Eli Whitney (1765-1825) was an American inventor and engineer who invented the cotton gin; he patented the cotton gin on March 14, 1794. The cotton gin made much of the southern United States very rich, but cotton plantation owners rarely paid Whitney for the use of his invention, and Whitney went out of business.

Dr. B. B. Jena

IPR/Patent/NIFT

HOWE, ELIAS Elias Howe (1819-1867) was American inventor who patented an improved sewing machine in 1846. His revolutionary machine used two separate threads, one threaded through the needle, and one in a shuttle; it was powered by a hand crank. A sideways-moving needle with its eye at one end would pierce the fabric, creating a loop of thread on the other side; a shuttle would then push thread through the loop, creating a tight lock stitch. Earlier sewing machines used only one thread and a chain stitch that could unravel. Howe's business did not thrive. Others, like Isaac Singer made slight modifications in the machine and built successful businesses. Howe sued those who had infringed on his patent and won royalties on all machines sold (he was paid $5.00 for each sewing machine sold). Howe died the year his patent expired.
Dr. B. B. Jena IPR/Patent/NIFT

VELCRO
George de Mestral was a Swiss engineer who invented Velcro in 1948. While hiking, he had noticed that burrs (burdock seeds) stuck to his clothing extraordinarily well. The burrs had hook-like protrusions that attached themselves firmly to clothing. Mestral used this same model to develop Velcro, which consists of one strip of nylon with loops, and another with hooks. Mestral patented Velcro in 1957. It was originally used mostly for fastening clothes, but is now used to fasten many other things.

Dr. B. B. Jena

IPR/Patent/NIFT

SAFETY PIN
The safety pin was invented by Walter Hunt in 1849. Hunt 1795-1859) patented the safety pin on April 10, 1849 (patent No. 6,281). Hunt's pin was made by twisting a length of wire. Hunt invented the safety pin in order to pay a debt of $15; he eventually sold the rights to his patent for $400.

Dr. B. B. Jena

IPR/Patent/NIFT

RAYON
Rayon is a cellulose-based fiber that is made from wood pulp or cotton waste. Rayon is used as a substitute for silk. It was invented around 1855 by the Swiss chemist Georges Audemars; the process was refined in 1864 by the French chemist and industrialist Comte (Count) Hilaire Bernigaud de Chardonnet (1839-1924). Rayon was first commercially produced in 1910 by Avtex Fibers Inc. in the United States - it was called "artificial silk" at first, but the name was changed to rayon in 1924.

Dr. B. B. Jena

IPR/Patent/NIFT

Some Patented Product

Patent NumberTitleIssue date6021527Anatomically designed sockFeb 8, 20006108820Double layer sock with low friction layer to layer interfaceAug 29, 20006143368Low coefficient of friction fibersNov 7, 20006287689Low surface energy fibersSep 11, 20016308337Blister protection mohair sockOct 30, 20016449771Method and apparatus for facilitating the application and removal of gloves, such as dive glovesSep 17, 20026510560Roller-suit and apparelJan 28, 20036596207Process of making a fiberJul 22, 20036630087Process of making low surface energy fibersOct 7, 20036675392Grip-enhancing gloveJan 13, 20046708348Anatomic dry athletic toe sockMar 23, 20046757915Hand-protection accessoryJul 6, 20047016867Method of conducting business including making and selling a custom article of footwearMar 21, 20067069600Toe sockJul 4, 20067210172Fingertip flexor gloveMay 1, 20077213420SockMay 8, 2007

Thanks Questions