Patent

Patent and its types, rights and responsibilities of patentee, filing patent applications, patent application forms and guidelines, types of patent applications.

1. PATENT BY DURGADEVI.G 1 st M.pharm

2. DEFINITION : A patent is a set of exclusive rights granted by government of India to an inventor for a limited period of time, excluding others from making, using, selling, importing the patented product or process producing that product for these purposes. PATENTEE : A person to whom the patent is granted. PATENT

3. To provide protection of creativity of creators. To promote the creativity of new creators. To accelerate the technological and industrial development of the countries. To provide the exclusive right to invention and affords protection against unauthorized use of invention by third parties. Understand the meaning of specifications. To encourage inventions by promoting their protection and utilization OBJECTIVES OF PATENT

4. Any artistic creation. Mathematical methods. Business schemes. Anything against universal law. Inventions injurious to public health. Discovery of scientific principles or the formulation of an abstract theory. Substance obtained by a mere admisture of properties of the components. A method of agriculture or horticulture. Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings and animals and plants to render them free of diseases. INVENTIONS WHICH ARE NOT PATENTABLE

5. Novelty : The matter disclosed in the specification is not published in India or elsewhere before the date of filling of the patent application in India. Industrially applicable : Invention should possess utility so that it can be made or used in the industry. Incentive step : Invention is not clear to a person skilled in the light of the prior publication / knowledge / document. Novel New product or process PATENTABLE INVENTIONS

6. Ordinary patent Patent of addition : An addition for improvement in or modification for a invention for which already patent has been applied or granted. Convention patent : A patent granted in respect of convention application field under section 135 of act. National phase applications TYPES OF PATENT

7. To encourage and secure working of invention to fullest extent without undue delay. Not to use monopoly to unfairly prejudice (NEGATIVE OPINION) interest of public. Failure to discharge duties reasonably , would lead to revocation of patent. To furnish periodical statements to Controller , as to extend to which invention has been worked. Failure to provide statement to Controller is a punishable offence. RESPONSIBILITIES OF PATENTEE

8. DURATION OF PATENT INVENTION TERM (or) DURATION Patent of addition Substances which are capable of being used as a food or medicine or drug. Any other invention. Term equal to that of the patent for the main invention. 5 years from the date of sealing or 7 years from the date of patent. 14 years from the date of patent.

9. Right to grant the license Right to surrender Right to sue the infringement Rights to exploit the patent RIGHTS OF PATENTEE

10. Patent application : A patent application is a request pending at a patent office for the grant of a patent for invention described and claimed by that application. Direct filing : wherein complete specification is initially filed with the Indian patent office without filing any corresponding provisional specification. Subsequent filing : wherein complete specification is filed subsequent to the filing of the corresponding provisional specification and claiming priority from the filed provisional specification. FILING A PATENT APPLICATIONS :

11. Filing a patent application in the Indian patent office is the first step towards securing a patent to your invention in India. To file a patent application, a set of forms (form 1, 2, 3 & 5) has to be submitted to the patent office and it should be filed for innovative R&D work only. Subsequent to filing these forms with the appropriate fees, you will receive a patent application number from the patent office. Patent office provides facility to file a patent application online from the native place of the applicant through e-filing. Alternatively, one can file patent application in hard copies to the patent office located at Delhi, Kolkata, Mumbai & Chennai. The patent office charges 10% additional fee.

12. Incase if our invention is maturing stage, we have the option to file the provisional patent application and after that we can file the complete patent specifications within 12 months from the date of filing of provisional application. After filing the patent application it is published after 18 months from the date of first filling. If we want to expedite our patent protection, place a request for early publication in form-9. Next step would be filing a request for examination in form-18 to verify that the invention matter is patentable or not. During the patent prosecution, the examiner submits the examination report. The inventor has to analyze the report to respond the examination report along with providing proper reasoning about his invention. After meeting the objection raised by the examiner, the application would be placed order for grant and the grant will be notified in patent journal .

13. Application Form in duplicate (Form 1) Provisional or Complete Specification (Form 2) In case of provisional specification the complete specification must be filed within 12 months. Drawing in duplicate if necessary Abstract of invention in duplicate Information of Undertaking listing the no., filing date & current status of each foreign patent application. (form 3) in duplicate Priority Document Declaration of Inventorship (form 5) Power of Attorney if filed through patent agent (form 26) Fees to be paid in Cash/ Cheque / DD. DOCUMENTS TO BE SUBMITTED ALONG WITH PATENT APPLICATION

14. The list of forms that have to be submitted are Form 1 : Application for grant of patent Form 2 : Provisional / complete specification Form 3 : Statement & undertaking under section 8 Form 5 : Declaration as to inventorship Form 9 : Request for publication Form 18 : Request for examination of application for patent PATENT APPLICATION FORMS AND GUIDELINES

15. FORM 1 : Application for grant of patent in India. In this form, one has to furnish information such as name and address of the inventors, name and address of the applicant, information corresponding to prior patent application which any authorized entity has filled & some declarations among other information. FORM 2 : The patent specification can be provisional or a complete patent specification depending on the type of patent application one is filling. The number of sheets and claims is to be counted and the appropriate fee is calculated. While counting the sheets, even the drawing sheets will have to be taken into account.

16. FORM 3 : It is used to furnush information and action relating to patent applications filed in other countries for the current invention. FORM 5 : Application used to declare the inventors of the subject matter sought to be protected using the current patent application. FORM 9 : By filling this form, one can generally have the patent specification published within 1 month from filling this form.

17. FORM 18 : This form can be filled within 48 months from priority date. The patent office will not consider a patent application for examination unless this form is filled. Hence, if one wishes to expedite the patenting process filing of form 9 & 18 at an early stage is advised.

18. The list of forms that have to be submitted and their respective fees is provided . FORMS APPLICANT-NATURAL APPLICANT-OTHER THAN NATURAL PERSON SMALL ENTITY OTHERS EXCEPT SMALL ENTITY FORM 1 1600 4000 8000 FORM 2 NO FEES NO FEES NO FEES FORM 3 NO FEES NO FEES NO FEES FORM 5 NO FEES NO FEES NO FEES FORM 9 2500 6250 12500 FORM 18 4000 10000 20000

19. A fee of 160/400/800 sheet, based on the type of applicant, is applicable for each sheet exceeding 30 sheets in a patent specification. Further a fee of INR 320/800/1600/claim, based on the type of the applicant, is applicable for each claim exceeding 10 claims in the patent specification.

20. Provisional application Ordinary or Non-provisional application Convention application PCT international application PCT national phase application Patent of addition Divisional application TYPES OF PATENT APPLICATIONS

21. Provisional Application A provisional application, also known as a temporary application , is filed when an invention is under experimentation and isn’t finalized. Moreover, it is a preliminary application which is filed before the patent office for claiming priority, as the Indian Patent Office follows the ‘First to File’ system. Ordinary or Non-Provisional Application This type of application is filed if the applicant doesn’t have any priority to claim or if the application is not filed in pursuance of any preceding convention application.

22. A complete specification contains the following: Title The technical field of the invention Background of the invention Objects of the invention Statement of the invention A brief description of the drawings A detailed description of the invention Claims Abstract A preamble to the invention

23. Convention Application A convention application is filed for claiming a priority date based on the same or substantially similar application filed in any of the convention countries. To avail a status of convention, an applicant is required to file an application in the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country. To re-iterate in simpler terms, a convention application entitles the applicant to claim priority in all the convention countries.

24. PCT International Application As can be deciphered from its name, a PCT Application is an international application. Though the application does not provide for the grant of an international patent, it paves the way for a streamlined patent application process in many countries at one go. It is governed by the Patent Corporation Treaty and can be validated in up to 142 countries. Filing this application would protect an invention from being replicated in these designated countries. .

25. Apart from this, it renders the following other benefits : The application provides an International Search Report citing prior art, which discloses whether or not the invention is novel . It provides an option for requesting an International Preliminary Examination Report, which is a report that contains an option on the patentability of the invention. The aforementioned reports facilitate the applicant to make more informed choices early in the patent process, as he/she can amend the application to deal with any conflicting material. An applicant from India can file this application at: The Indian Patent Office (IPO), which acts as the receiving office. The International Bureau of WIPO(World Intellectual Property Organization) either after availing a foreign filing permit from IPO or after six weeks and 12 months of filing an application in India.

26. PCT National Phase Application It is considered essential for an applicant to file a national phase application in each of the country wherein protection is sought for. The time-frame for filing the same is scheduled within 31 months from the priority date or the international filing date , whichever is earlier. The time-limit could be enhanced through National Laws by each member country. Patent of Addition This application must be filed if the applicant discovers that he has come across an invention which is a slight modification of the invention which has already been applied for or patented by the applicant. It can only be filed if the invention doesn’t involve a substantial inventive step. A patent of addition is only granted after the grant of the parent patent , and hence no separate renewal fee should be remitted during the term of the main patent .

27. Divisional Application An applicant may choose to divide an application and furnish two or more applications if a particular application claims for more than one invention . The priority date for these applications is similar to that of the parent application.

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