Patent Infomation PDF

Patent A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. The paperclip as we still know today was invented by George Griffiths from America, who had it p...

Patent A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. The paperclip as we still know today was invented by George Griffiths from America, who had it patented in 1927.  Who has most patents in India? Gurtej Singh Sandhu holds the record for the most patents by an Indian. He has over 1340 utility patents and is Senior Fellow and Vice President at Micron Technology. He works in the field of Electrical Engineering. The record for being the youngest patent holder was set by Hridayeshwar Singh Bhati (born on September 3, 2002) of Jaipur, Rajasthan. He invented a six-player circular Chess board, for which he received the patent on July 26, 2011 (Design no. 238319) - 9 years old boy Patents are governed by the following laws in India The patent act, 1970 The patent rules- 2003 The patents(Amendment) Act- 2002 The patents(Amendment) Act- 2005 The patents(Amendment) Act- 2017 Salient features of the patent act, 1970 - Total 163 sections - Provide criteria for patentability - Introduced all fields including food, drugs, medicines and chemicals - Central govt. Has the power to use and acquire the inventions - Term of patent in all fields is twenty years - Compulsory disclosure of information relating to the filing of foreign patent applications - Early publication of patent application before 18 months is allowed upon request Companies owning large number of patents 3M company - USA - more than one lakh patents International Business Machines(IBM), USA Samsung electronics- south Korea Toyota Motor Corporation- Japan Criteria of patentability 1. new/ Novelty 2. Inventive-step/ non-obviousness- Amazon Alexa- new feature that detect a cough or cold and offers medicine- advanced compared to existing 3. Industrial Application/ utility- invention should capable of being made or used in any kind of industry. The Macro-Economic Impact of the Patent System - The patent system is designed to encourage innovation - The patent in the market allows the owner recover the huge expenses invested in the research and development phase - Patent is an exclusive right enjoyed by the inventor to exclude others from commercially exploiting the invention for a limited period - To get Patent rights, inventor shall disclose the invention. - By offering exclusive rights for a limited period, an inventor may recover Research & Development costs and investments. Role of patents in economic development is likely to be case-specific, in the context of both variations from industry to industry and variations among countries. Effects of patents on a given market may vary widely according to the type of market. Even in socialist monopole (kuththaka) economies, the adherence to international patent laws was or becomes strict, and the level of technology development in these economies creates comparable advantage. However, since patents essentially encourage innovation by giving owners the right to monopolize the market for a limited time, the public will suffer from the patents that are not innovative by paying higher cost. Patent and kind of inventions protected by a patent. Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, for example – or a process for producing a specific chemical compound. Many products in fact contain a number of inventions. For example, a laptop computer can involve hundreds of inventions, working together. In India, patents are granted by the India Patent Office. In practice, there are three kinds of patents: Utility patents, Plant patents and Design patents. Utility patent A utility patent consists of the creation of improved product or an entirely new process, product or machine. It is also known as a “patent for invention”. It prohibits other companies from duplicating your creation without consent. These kinds of patents are into effect for about 20 years but the patentee must regularly pay the scheduled maintenance fees. The utility patents can be associated with software products, machines, mechanisms, chemical formulations including pharmaceutical drugs and other medical patents which include software that helps physicians in managing patients using artificial limbs and physical therapy devices. Plant patent A plant patent can be natural, breed or non-reproductive cells of the plant. In order to be granted a plant, the patent must be asexually reproducible and it must be performed through methods such as bulbs, division, root cuttings or grafting and budding to have plant’s stability. Plants that are unique because if soil conditions cannot be patents. A plant patent can have 2 investors, one who discovered the plant and the other who reproduced it. A plant patent expires 20 years from the filing date of the patent application. Design patent A design patent, the third kind of patent applies to the unique look of a manufactured item. In the case of plant patents too, in case the plant has a unique shape, then the inventor can get a design patent too. In the cases of automobiles, a headlight shape or a distinctive hood can also be applied for a design patent. These visual elements are a part of any product and add value to it and they can also be patented. Thus, without getting a patent for them, the competitors can copy them without statutory and legal compliances and thus take away the uniqueness of the product. Design patents last for 14 years from the date on which the patent is granted and do not require any maintenance fees. Kinds of Patents - Product patent - it granted to the product or the end result or an article or the substance itself. - Process patent - here when a substance is invented or produced, a patent is not granted to the substance or product itself but it is only the method or the process of manufacture of a product or substance granted a patent. - Patents of Addiction - here patent is granted for the improvement or modification of patent or an invention. So the person who already obtained a patent, makes an application to the controller in respect of any improvement in or modification of an invention. The controller may grant patent for such improvement or modification. List of Inventions not- patentable 1. Inventions which are contrary to the well established natural laws. Eg: socking white chalks in red ink- red coloured chalk 2. Invention which are against the public order or morality. Eg: machine invented for counterfeiting of currency 3. Mere discoveries. Natural based things are not patentable Eg: Newton’s law 4. Method of agriculture or horticulture. Eg: a method of spraying insecticides on a field to prevent insects from harming the plants The head office of patent is located at Kolkata and other branch offices at New Delhi, Mumbai and Chennai. Patent documents- A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application. Patent drafting is a process in which a patent application is prepared describing various features of the invention and detailing the technical effects and advantages of the invention. The main parts of a patent application generally include specifications and drawings. Procedure of Registration 1. Filing of application 2. Filing of complete specification within 12 months(in case provisional application is filed) 3. Publication of application in patent journal(after 18 months from the date of filing application or priority date) 4. Request for examination (within 48 months of filing date) 5. Examination 6. Report of examination 1. Filing of application Application can be filed by - First inventor of the invention - The assignee of the inventor - Legal representative of the deceased person who are entitled to make such an application Procedure of making application - For each invention separate application has to be filed - Form 1- covering letter - Form 2- provisional/ complete specification - Form 3- statement of foreign filing particulars if any - Form 4- proof of right, if applicable - Form 5 - declaration of inventorship - Certified copies of priority documents - Power of attorney, if applicable - Documents has to send appropriate patent office in Hindi or English - Can filed in electronic form with one copy on white paper Abstract of invention - Title disclosing the specific features of invention in 50- 150 words - Concise summary of th specification containing the following particulars ❏ Technical problem to which invention relates solution to the problem ❏ Principal uses of the invention ❏ Chemical formula ❏ reference Types of patent application - Ordinary application - Convention application - Patent of addiction application - Divisional application - PCT international phase application - PCT national phase application The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions, helps patent offices with their patent granting decisions, and facilitates public access to a wealth of technical information relating to those inventions. 2. Provisional and complete specification - Specification is the description of the invention - Provisional specification provides the initial description of an invention - Complete specification lists out the complete details of an invention Contents of specification(both provi and speci) Clearly stating title Drawings and sketches Samples and models Declaration as to the inventorship 3. Publication of Application in patent journal Patent Journal - A monthly publication produced by the Patent and Trademark Office Society that provides a forum for addressing legal and technical subjects relating to the useful arts and knowledge of the functional attributes of intellectual property law. There are different types of journals- patent, copyright, trademark - According to section 11A and rules 24 and 24A applications for patents will be published after 18 months calculated from the date of filing of application. 4. Request for examination within 48 months of filing date Applicant must make a request for examination of his application for patent within 48 months from the date of filing the application. If the date exceeds the application will be treated as withdrawn. 5. Examination The application shall be referred by the controller to an examiner for making a report to him in respect of the following matters - Application should follow requirements of patent act and rules - Any lawful ground of objection to grant the patent - Check weather the applied invention has already been published or claimed by any other person - Inspect other matters which may be prescribed as per the patent act 6. Report of Examination The examiner make examination report within 1 month but not exceeding 3 months from the date of reference of application to him by the controller. Granting a patent- power of the controller is high Pre-grant opposition- opposition can be filed by any person at any time after the date of publication of patent application till the time of granting of patent. Post-grant opposition- opposition can be filed by any person one year after the grant of patent. Granting of patent Chapter VIII sections 43 to 47 of the patent act, 1970 read with chapter rules 74 to 80 of patent rules, 2003 amended till 2017 deals with granting of patent. 1. The application has not been refused by the controller by virtue of any power vested in him by this act 2. The application has not been found to be in conversation of any of the provisions of this act. - If the controller is agree with the patent application, the document shall be open for the public inspection - Every patent shall be dated and the date will be entered in the register. - Every patent shall be in the prescribed form and shall have effect throughout India.  Search for patents A patent search typically deals with search/ research/ data mining which involve patents in one way or the other, either directly or indirectly. Patent searching is a key tool for organizations across the globe, which is now increasingly sensitive to innovation as a parameter to success and growth. Some patent searching resources Patent Public Search The Patent Public Search tool is a new web-based patent search application that will replace internal legacy search tools PubEast and PubWest and external legacy search tools PatFT and AppFT. Patent Public Search has two user selectable modern interfaces that provide enhanced access to prior art. The new, powerful, and flexible capabilities of the application will improve the overall patent searching process. Global Dossier Global Dossier is a set of business services aimed at modernizing the global patent system and delivering benefits to all stakeholders through a single portal/user interface. Through this secure service, users have access to the file histories of related applications from participating IP Offices, which currently include the IP5 Offices. By using this service, users can see the patent family for a specific application, containing all related applications filed at participating IP Offices, along with the dossier, classification, and citation data for these applications. This service also provides Office Action Indicators to help users identify applications that contain office actions, a Collections View for saving documents and applications for review later on in the session, and the ability to download the documents in an application. Patent Application Information Retrieval (PAIR) The Patent Application Information Retrieval (PAIR) system provides IP customers a safe, simple, and secure way to retrieve and download information regarding patent application status. Public Search Facility The United States Patent and Trademark Office (USPTO) Public Search Facility located in Alexandria, VA provides the public access to patent and trademark information in a variety of formats including on-line, microfilm, and print. Trained staff are available to assist public users.