Transcript INTELLECTUAL PROPERTY The property developed by brain

WELCOME
TO
ALL DELEGATES
By
N.Ramchander,
EXAMINER OF PATENTS AND DESIGNS
Patent Office, Mumbai
Govt. of India
Organizational Chart
CONTROLLER GENERAL
OF PATENTS,DESIGNS , TRADE MARKS
AND GI,
M/O.INDUSTRY AND COMMERCE
PATENT OFFICE
GRANT OF PATENTS
AND
REGISTRATION OF
DESIGNS
CALCUTTA
PATENT INFORMATION
SYSTEM
TRADE MARKS REGISTRY
DOCUMENTATION
INCLUDING RERIEVAL AND
TDISSEMINATION OF
INFORMATION CONTAINED
IN PATENT DOCUMENTS
REGISTRATION OF
TRADE MARKS
CALCUTTA
MADRAS
MADRAS
NAGPUR
MUMBAI NEW DELHI
AHMEDABAD
NEW DELHI
MUMBAI
The Patent Office,
Todi Estate, 3rd Floor,
Sun Mill Compound,
Lower Parel (West),
Mumbai – 400 013,
Ph. No. 022-24924058, 24925092
Fax No. 022-24950622
Email: [email protected]
Web site: www.ipindia.nic.in
PROPERTY
Tangible
Movable
e.g:Chair, Table etc
Intangible
Immovable
e.g: Building, Land etc
Rights
e.g: Right to education, live
Intellectual Property
Industrial Property
Copy Right
Patents, Designs, Trademarks &
Geographic Indications
Type of Intellectual Property Rights
•
•
•
•
•
•
Patents
Industrial Designs
Trademarks
Geographical Indications
Copyright and Related Rights
Layout-Designs (Topographies) of Integrated
Circuits
• Protection of undisclosed Information
• Control of Anti-Competitive Practices in
Contractual Licenses
INDUSTRIAL PROPERTY
PATENTS
DESIGNS
TRADE MARKS
Inventions relating Any modification in WORD
SHAPE
to
NAME
CONSTRUCTIONAL PATTERN
LOGO
CONFIGURATION
FEATURES
Is register able
e.g. Safety Valve
Mechanism
of a
PRESSURE
COOKER
e.g. Shape of a
HANDLE
or
BODY PORTION
of a Pressure
Cooker
e.g. for same
Pressure Cooker
“PRESTIGE”
“HAWKINS”
“MAHARAJA”
GEOGRAPHICAL INDICATIONS :
Which is a Notice stating that a given product originates in a
given geographical area, e.g. Oranges from NAGPUR
What rights a Patent confers on the
patentee
If the patent is for a product :- the right to prevent others from
- making
- using
- offering for sale
- selling
- importing the patented product
What rights a Patent confers on the
patentee
If the patent is for a process :- the right to prevent others from
- using the process
- offering for sale the product using the process
- selling the product using the process
- importing the product using the process
Are Patents Necessary ?
Patents
provide incentives to individuals
by offering them recognition
for their creativity and material reward
for their marketable inventions.
These incentives encourage innovation
which assures the quality of human life
is continuously enhanced.
What is Invention Under Section 2(1)(j)
“Invention” means a new product or process involving an
inventive step and capable of industrial application;
“inventive step” means a feature that makes the invention not
obvious to a person skilled in the art;
“capable of industrial application”, in relation to an invention,
means that the invention is capable of being made or used
in an industry.
Non Patentable Inventions
[Under Section 3]
a) An invention which is frivolous or which claims anything
obvious contrary to well established natural laws;
eg. like perpetual motion machine giving output
without input.
b)
an invention the primary or intended use or commercial
exploitation of which could be contrary to public order or
morality or which causes serious prejudice to human, animal
or plant life or health or to the environment;
eg:- an apparatus for gambling or burgling or foodadulteration.
c)
the mere discovery of a scientific principle or
the
formulation of an abstract theory or discovery of any living
things or non-living substance occurring in nature;
eg:- mathematical formula of Einstein theory.
d)
the mere discovery of any new property or new use for a
known substance or of the mere use of a known process,
machine or apparatus unless such known process results in
a new product or employs at least one new reactant;
eg:- Shoe polish, paracetamol
e)
a substance obtained by a mere admixture resulting only in
the aggregation of the properties of the components thereof
or a process for producing such substance;
Eg:- paracetamol+ibuprofen , sugar+color
f)
the mere arrangement or re-arrangement or duplication of
known devices each functioning independently of one
another in a known way;
eg:- bucket+torch+clock+transistor in a single cabinet.
g) Deleted in new Act
h)
i)
a method of agriculture or horticulture;
any process for the medicinal, surgical, curative,
prophylactic, diagnostic, therapeutic or other
treatment of human being or any process for a
similar treatment of animals to render them free of
disease or to increase their economic value or that of
their products;
eg: method of treating malignant tumor cells .
j) Plants or animals in whole or any part thereof
other than micro-organisms, but including seeds,
varieties and species and essentially biological
processes for production or propagation of plants and
animals.
k) Mathematical or business method or computer program
per se , algorithms.
l) A literary, dramatic, musical or artistic work or any other
aesthetic creation whatsoever including cinematographic
works and television productions.
m) A mere scheme or rule or method of performing mental
act or method of playing games.
n) Presentation of information
o) Topography of integrated circuits;
p) an invention which, in effect, is traditional
knowledge or which is an aggregation or
duplication of known properties of traditionally
known component or components’.
Atomic Energy Related Inventions Not
Patentable (Under Section 4)
No patent shall be granted in respect of an invention relating
to Atomic energy falling within sub section (1) of section
20 of the Atomic Energy Act, 1962.
e.g. Inventions relating to compounds of Uranium, Beryllium,
Thorium, Plutonium, Radium, Graphite, Lithium and more as
notified by Central Government from time to time.
WHAT IS INVETION ?
IT MEANS :
A new product or process involving
an inventive step and capable of
industrial application.
Here,
Inventive step means :
a feature that makes the invention not
obvious to a person skilled in the art.
INVENTION
“CAPABLE OF INDUSTRIAL APPLICATION”
INVENTION
SHALL BE
SUSCEPTIBLE OF INDUSTRIAL APPLICATION
IF IT CAN BE USED IN ANY KIND OF INDUSTRY.
INVENTION
MUST
RELATE TO A TECHNICAL FIELD &
SHOULD INVOLVE
A SOLUTION TO A TECHNICAL PROBLEM.
THUS, TECHNICAL FEATURES OF THE
INVENTION SHOULD BE CLAIMED IN CLAIMS.
Type s of Patent Applications
1. Ordinary application(sec. 9 & 10)
(i) application with provisional specification
(ii) application with complete specification
2. Convention application (sec. 10 & 135)
3. PCT National Phase Application (Rule 20)
4. PCT international Application .
CONTENTS OF
PATENT
APPLICATION
Application on
FORM 1 & Fees
Provisional
Specification to be
followed by
Complete
Specification
Drawings
Abstract of Invention
Declaration of Inventor
ship on FORM 5
Information &
Undertaking of Foreign
Filings as required u/s 8
Complete Specification contains
Title of Invention
Field of invention
Back ground / prior art
Object of the invention
Description w.r.t.
Drawings or Examples
Protection Claimed in Claims
PROVISIONAL SPECIFICATION
SHOULD CONTAIN
THE DESCRIPTION OF THE ESSENTIAL
FEATURES OF THE INVENTION
NO NEED TO INCLUDE
CLAIMS
&
DETAILS OF THE MANNER OF
PERFORMING INVENTION
Indian Patent Applications Fees
Sr.
No.
On what payable
From
No.
Natural
Person(s)
Fees
for
other than
natural
Person(s)
1
Application for Patent
Sheets/Claims
1
Rs. 1000/Rs.100/200
Rs. 4000/Rs.400/800/-
2
Examination Request
18
Rs. 2500/-
Rs. 10000/-
3
Early Publication
Request u/s 11(A)(2)
9
Rs. 2500/-
Rs. 10000/-
Filing a Patent Application in INDIA
FEES:Natural Person/s Rs.1000/Otherwise Rs.4000/-
Filing of patent application
on Form-1
With Pro. Specification
Filing Complete
Within 12Months
after Provisional
18 M
Publi
shed
With Complete Specification
Early publication Request
FEES: Natural Person/s Rs.2500/Otherwise Rs.10000/-
NO
REQUEST for EXAMINATION
Application
ABANDONED
on Form-18 Within 36 mths
of filing application.
F.E.R. Issued.
EXAMINATION
F.E.R. ISSUED
Re-filing Amended Documents to
comply with requirements.
Re-Examination of Amended Docs./Hearing s.
Further Objections
by the Examiner
Not met Within 6+3
mths.
ABANDONED
All requirements are met within
6+3 months from issue of F.E.R.
Patent Granted
Further Objections
by the Examiner
Hearing by Controller
Amended in Order
All requits. met in
6+(3) Mns of
FER.
Patent Granted
If no opposition
Refused
Appeal in High Court
Allowed
Refused
ABANDONED
Opposition
Pre grant opposn
within 3 months
from publication
Appeal to High Court
Post Grant Opposition u/s 25( 12
Mn from Date of Publication
Hearing by the Controller
Opposition Allowed
Appeal Allowed
Opposition Dismissed
PATENT GRANT
RENEWAL FEES DEMAND
FEES
STRUCTURE
NATURAL
PERSON/S
2nd –5th YEAR
Rs.500/-
6th -9th YEAR
Rs.1,500/-
10th-14thYEAR
Rs.3000/-
15th-20thYEAR
Rs.5000/-
OTHER THAN
NATURAL PERSON/S
Rs.2000/Rs.6000/Rs.12000/Rs.20000/-
Thanks to You All
for
Your Kind Attention