1 seminar on nuts & bolts of patents techniques on drafting patent and filing of patent...

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SEMINAR ON NUTS & BOLTS OF PATENTS

TECHNIQUES ON DRAFTING PATENT AND FILING OF PATENT APPLICATION

Presented By

Ms. DEEPAL PATHAK

M.Sc., LL.B.

SCIENTIFIC OFFICER

Law Office of H. K. Acharya & CompanyAdvocates, Patent & Trademark Agents

E-mail: [email protected]

Tel: ++91 79 27545255 Fax: ++91 79 27545257©markpatent.org 21st August, 2004.

mailto:[email protected]

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INTERACTIVE SESSION ON PATENT

Invention & scope of patent Patentability of invention Procedure for filing Patent

Application Drafting the specification for

Patent Application Exclusive Marketing Rights Compulsory License. Forms & Fees for Patent filing and

maintenance.

©markpatent.org 21st August, 2004.

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Invention

Indian patent act (amendment) 2002 define the term invention is:

“A new product or process involving an inventive step and

capable of industrial application.”


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“Inventive step” is the feature that makes the invention non-obvious to a person skilled in the art.

“Capable of industrial application” means an invention should have commercial value in the market.


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“Obviousness or lack of inventive step” must be judged having regard to what was publicly known or publicly used in India or what was published in India or elsewhere before the priority date of the claim.


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What is a patent???? A patent is a monopoly right to a

person who has invented a new and useful article or it is an improvement of an existing article or a new process of making an article.

Essential ingredients of patent are:

Novelty,

Inventive Step,

Lack of Obviousness,

Sufficiency of description.©markpatent.org 21st August, 2004.

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A patent is not granted for an idea or principle as such, but it is granted for some article or the process of making the same article.

The term of every patent is 20 years and it maintain by paying the renewal fees at every succeeding year.


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Why one should go for patent???

Prevention against leaking of the invention through workmen of inventor.

Prevent secret exploitation of invention by the competitor.

On obtaining patent the patentee can lawfully enforce against infringers.



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Patentee can get monetary reward by granting licenses to others, or by cross-licensing or, by assigning the patent, or, by donating the patent & get the tax benefit.


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Types of Patent

1. Ordinary patent application

2. Patent of addition

3. International application by PCT route or by Conventional route.


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What are not inventions Invention which is frivolous or claiming obvious or

contrary to well-established natural laws; Primary or intended use or commercial use of any

invention is contrary to law or morality or injurious to health of human, animal or plant life or environment;

Mere discovery of a scientific principle or formulation of an abstract theory;

Mere discovery of new property or new use of known substance or mere use of known process, machine or apparatus is not invention, however known process forms new product or employ new reactant.


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A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process producing such substance.

Mere arrangement or rearrangement or duplication of known devices;


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Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment for animal to make them free of disease or to increase their economic value or that of their products. A method of agriculture or horticulture.


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Plants and animals in whole or any part thereof as seeds, varieties and species and essential biological processes for the production or propagation of plants and animals.

A mathematical or business method or a computer program per se or algorithms


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A presentation of information;

Topography of integrated circuits; Any literary, dramatic, musical or artistic

work or any other aesthetical creation including cinematographic works and television productions;

An invention is traditional knowledge or is an aggregation or duplication of known properties of traditionally known component/s;

Scheme / rule / method of performing mental act or method of playing any game.


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Inventions which are not patentable:

An invention relating to atomic energy is

not patentable invention as per the Indian patent act.


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Inventions which are not patentable

An invention claiming substances intended for use, or capable of being used, as food or as medicine or drug or

Invention claiming to substances prepared or produced by chemical processes including alloys, optical glass, semi-conductors and inter-metallic compounds.


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Patentable Inventions Invention claiming for the method

or processes of manufacture of substances being used as food or drug or medicine or

Invention claiming chemical processes for the production of alloys, optical glass, semi-conductors and inter-metallic compounds.

Product (substance) which is non pharmaceutical-ex: machine, device etc.

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“Chemical processes” includes biochemical, biotechnological and microbiological process.

Process for Micro-organisms are also patentable.


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Mail Box Patent Application

Invention claiming on pharmaceutical products or substances are treated as mail-box application till 31st December 2004.

Mail box application will not be examined until 31st December 2004.



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Product (Mail-Box) patent application will be examined only on filing the request within 48 months from the date of patent application or within 12 months after 31st December 2004, whichever is later.

On failure of filing request for examination, the patent will treated as abandoned.


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Provisional Patent Application

An applicant may file a provisional specification containing incomplete & general description of the invention.

No need to file claims. Objective of it is to fix the priority date Complete specification is to be filed within

12+3 (15 months) from the date of filing provisional specification.


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Patent Application accompanying complete specification

Should begin with title of invention; Prior Art in relation to the present invention; Full & particular description of the

invention, its operation or use and method of performing;

Claim/claims Abstract Drawings if necessary©markpatent.org 21st August, 2004.

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FORM - 2

THE PATENTS ACT, 1970

(39 of 1970)

COMPLETE SPECIFICATION

[SECTION 10; RULE 13]

1. Title of Invention

2. (a) Name of Applicant

(b) Address of Applicant

(c) Nationality: Indian.

The following specification particularly describes the nature of this invention

and the manner in which it is to be performed.


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The present invention relates to a novel process for the preparation of substituted propenoic acidesters

using active methylene compounds and N,N dimethyl formamide-dimethyl sulfate complex.

Substituted propenoic aid esters, especially amino-substituted derivatives like B-amino acrylic acid

esters are significantly important in the synthesis of quinolones (JP 02215749, 1990; Leibigs Ann. Chem. 29-37,

1987).

Nalidixic acid was the first quinolone introduced to clinical practice, and is still in use for treatment of

urinary tract infections caused by gram-negative pathogens.

Since the introduction have been made in the antibacterial spectrum and spectrum and potency of

quinolones Additionally, newer quinolones are well absorbed and distributed throughout the body making them

useful for the treatment of a variety of systemic infections including those of the respiratory tract, gastrointestinal

tract, the ear, nose, and throat, sexually transmitted diseases and bone infections (Kirk-Othmer, Encyclopedia of

Chemical Technology, 4th Edition, 1991, Vol. 2,855). Alongwith the increase in the importance of quinolones as

an antibacterial agent, the synthesis of quinolones and the intermediates like B-amino acid esters used for their

synthesis also gained importance..

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DESCRIPTION OF THE PRIOR ART:

There are various methods for the preparation of the useful B-amino acrylic aid esters.

U S Patent No. 4,772,722 (Englaender et al, 1988) discloses a method for the preparation of 3 amino

acrylic acid esters by reacting an alkali salt of a beta hydroxy acrylic acid ester with an amine salt.

U S Patent No.5,030,747 (Blank et al 1991)s discloses a method of preparation of beta amino acrylic acid

esters by reaction of beta hydroxy acrylic acid ester alkali metal salts with ammonium salts in an aprotic organic

solvent, or in an aprotic organic solvent in admixture with aprotic organic solvent miscible with the aprotic

solvent, to give high 90% yield of the reaction product comprared to 75% yield of the Englaender method (U S

Patent No.4,772,711).

The starting alkali salt of beta hydroxy acrylic acid ester for both the above methods of US Patent

Nos.4,772,711 and 5,030,747 is obtained from carbon monoxide, alcoholate and acetic acid esters in a pressure

reaction requiring 20 to 50 bar. Thus, both these methods requires high pressure apparatus .


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In the process described in Tetrahedron letters, 4061, 1976 and Liebigs Annalen Der Chemie Vol.

1980, No.7,991, highly toxic iron pentacarbonyl is used in the reaction of methyl acrylate with t-

butoxy bis (dimethylamino) methane. Moreover, there is polymerization of acrylic acid ester, which

makes the reaction product more difficult to isolate, and is a disadvantage of the process.

B-Dimethyl amino acrylic acid ester is also obtained by the reaction of t-butoxy bis

(dimethylamino) methane with ethyl acetate at 1700C (Chemische Berichte 2709, 104,1971). The

process has to be carried out in a sealed tube and high pressures are attained at the end of avolatile

reaction. It is also known, that when methoxy bis (dimethylamino) methane is reacted with ethyl

bytyrate, no reaction product is obtained at all (Organic Preparation Proceedings, International

67,10,1978).


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US Patent No.5,466,192 (Kraus et al, 1995) discloses a method for production of B-

amino acrylic acid esters by reacting acetic acid esters with amino acid esters at 0.5 to 10 bar

(preferably 1 to 5 bar) and 50-700C (preferably 800C to 1500C) in an aprotic polar solvent.

Apart from the high temperature and pressure required by the process, the amino acid esters

are costly.

The above described methods are both cumbersome and costly. Hence there arose a

need to develop a facile, novel scheme to prepare substituted propenoic acid esters.

THE FIELD OF INVENTION:

The object of the invention is to provide for a safe, economical, facile route for the

preparation of substituted propenoic acid esters. The present invention provides a process for

the preparation of substituted propenoic acid esters of general formula 1.

CH3 H OR N CH3

H O©markpatent.org 21st August, 2004.

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Wherein R is C1-C4 alkyl group,

Said process comprises, reacting an activemethylene compound of the general formula II,

COOR1 COOR2

wherein R1 is Na+ or K+ and R2 is C1-C4 alkyl group, with, N,N-dimethyl amino methoxymethylium

methyl sulfate of formula III:

CH3 O

N OCH3 (-)O S OCH3

CH3 (+) O

H

in the presence of a solvent.


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DETAILED DESCRIPTION OF THE INVENTION:

The synthetic utility, of B-amino acrylic acid esters is ever increasing, as mentioned

earlier, in the examples of quinolones, which are marketed worldwide. To make such

products more economical, it is necessary to find a commercially viable and safe route. In

literature, there are various methods of reported for the synthesis of B-amino acrylic acid

esters as described above. However, the risks involved in the process are high due to high

temperatures and/or pressures involved, hazards of reactant and product costs, all of which

demand for a new route.

The present invention relates to a cost effective and safe process. The present

invention provides a process for the preparation of substituted propenoic acid esters of

formula (I):

CH3 H

N OR

CH3

H O ©markpatent.org 21st August, 2004.

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wherein R is C1-C4 alkyl group, by reacting active methylene compounds of general formula (II):

COOR1

COOR2

wherein R1 is Na+ or K+ and R2 is C1-C4 alkyl group, with N, N-dimethyl formamide-dimethylsulfate

complex of general formula (III):

CH3 O

N OCH3 (-)O S OCH3

CH3 (+) O

HThe R2 group of the active methylene compound of general formula (II) used in the present invention is preferably methyl or ethyl.

The active methylene compound is preferably cooled before the reaction, to a temperature

range of 5-200C and preferably to around 100C. The reaction between compounds II and III


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N, N-dimethylamino methoxymethylium methyl sulfate (III) was prepared according to literature procedure

(Organic synthesis, collective Vol V).

The reaction according to the process of the invention may be represented by the following scheme:

CH3 O COOR1

N OCH3 -O S OCH3 +

CH3 + O COOR2

H

Solvent

H COOR2

CH3

N H

CH3


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Ethylene dichloride is preferably used as solvent, but benzene, toluene or chloroform can

also be used.

According to the reaction scheme, methyl alkali malonate, such as methyl potassium

malonate (II) was treated with N, N-dimethylaminomethoxymethylium methyl sulfate (III)

to give 2-propenoic acid, 3-(dimethylamino). Methyl ester. (E) in 68% yield.

EXAMPLES

EXAMPLE 1: Preparation of methyl potassium malonate by using dimethyl malonate.

A 20 lit. round bottom flask was charged with 3 lit. of methanol under nitrogen. To it

was added 2 Kg. of dimethylmalonate and it was cooled to 0-200C, preferably to 100C. To

this cooled solution, methanolic potassium hydroxide solution (prepared by the slow

addition of 960 gm. of potassium hydroxide in 3 lit. of methanol under nitrogen) was added.

The reacton mixture was stirred for 5-10 hr., preferably 7 hr. The reaction mixture was then

cooled to 0-100C, preferably 50C for 30 min. The solid which separated out was filtered to


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EXAMPLE 2: Preparation of methyl potassium malonate by using diethyl malonate.

A 1 lit. round bottom flask was charged with 150 ml of methanol under nitrogen. To it

was added 100 gm. of diethyl malonate and it was cooled to 0-150C, preferably to 100C. To

this cooled solution, methanolic potassium hydroxide solution (prepared by the slow

addition of 40 gm. of potassium hydroxide in 150 ml. of methanol under nitrogen) was

added. The reaction mixture was stirred for 7 hr. The reaction mixture was then cooled to

50C for 30 min. The solid which separated out was filtered to give 85 gm. of methyl

malonate.

Similarly, methyl sodium malonate was also prepared, using the above procedures.

EXAMPLE 3: Preparation of 2-propenoic acid, 3-(dimethylamino), methyl ester, (E).

In a 20 lit. round bottom flask, 1.98 kg. of methyl potassium malonate in 8 lit. of

ethylene dichloride was added. The reaction mixture was cooled to 5-200C, preferably to

100C, and 3.2 kg. of N, N-dimethylamino methoxymethylium methyl sulfate was added

dropwise, under nitrogen. The temperature was raised to 200C and maintained for 6 hrs. To it

was added 2 lit. of 2% aq. Sodium hydroxide solution and


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stirred for 10 min. The organic layer was separated, dried over sodium sulfate and

concentrated under reduced pressure to give the product. It was further washed by hexane to

give 1.325Kg. of pure, dry 2-propenoic acid, 3-(dimethylamino)-, ethyl ester, (E). m.p.:44-

460C.

IR: 3803, 1735, 1620, 1544 cm-1

1H NMR (CDCl3, 200MHz)delta : 7.43(d, 1H, J=12.86 Hz), 4.51 (d,1H,J=12.87 Hz),

3.66 (s, 3H), 2.88(s, 6H)

Mass: 129(95%), 114(24%), 98(100%) and 82(11%).

2-Propenoic acid, 3-(dimethylamino), methyl ester, (E) was also prepared by using

sodium salt of malonate.


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EXAMPLE 4: preparation of ethyl potassium malonate by using dimethyl malonate.

A 250 ml. round bottom flask was charged with 40 ml. of ethanol under nitrogen. To it

was added 20 gm. of dimethylmalonate and it was cooled to 0-150C, preferably to 100C. To

this cooled solution, ethanolic potassium hydroxide solution (prepared by slow addition of

9.9 gm. of potassium hydroxide in 30 ml. of ethanol under nitrogen) was added. The reaction

mixture was stirred for 7 hr. The reaction mixture was then cooled to 50C for 30 min. The

solid which separated out was filtered to give 15 gm. of ethyl potassium malonate.

EXAMPLE 5: Preparation of 2-propenoic acid, 3-(dimethylamino), ethyl ester, (E).

In a 250 ml round bottom flask 10 gm. of ethyl potassium malonate in 40 ml. of

ethylene dichloride was added. The reaction mixture was cooled to 5-200C, preferably to

100C, and 16 gm of N, N-dimethylamino methoxymethylium methyl sulfate was added

dropwise under nitrogen.


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The temperature was raised to 200C and maintained for 6 hrs. To it was added 10 ml of

2% aq. Sodium hydroxide solution and stirred for 10 min. The organic layer was separated,

dried over sodium sulfate and concentrated under reduced pressure to give 5.5 gm of the

product i.e. 2-propenoic acid, 3-(dimethylamino), ethyl ester, (E).


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I/WE CLAIM:

1. A process for the preparation of substituted propenoic acid esters of general formula 1.

CH3 H

N OR

CH3

H O

wherein R is C1-C4 alkyl group,

said process comprises,

reacting an active methylene compound of the general formula II

COOR1

COOR2

Wherein R1 is Na+ or K+ and R2 is C1-C4 alkyl group, with,

N, N-dimethylaminomethoxymethylium methyl sulfate of formula III


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CH3 O

N OCH3 (-)O S OCH3

CH3 (+) O

H in the presence of a solvent.

2. The process as claimed in claim 1 wherein said R2 is methyl or ethyl.

3. The process as claimed in claim 2, wherein said solvent is selected form the group consisting of ethylene dichloride, benzene, toluene or chloroform. 4. The process as claimed in claim 1, wherein methyl potassium malonate or ethyl

potassium malonate of formula II is cooled to a range of 5-200C, before reacting with the compound of formula III. 5. The process as claimed in claim 3, wherein methyl potassium malonate or ethyl potassium malonate of formula II is cooled form 90C to 110C before reacting with the compound of formula III. 6. The process as claimed in claim 1, wherein the said reaction is carried out in an

inert atmosphere. 7. The process as claimed in claim 1, wherein the said reaction is carried out at a temperature of about 100C to 300C. 8. The process for the preparation of substituted propenoic acid esters of general

formula 1 as claimed herein descriged with foregoing description, examples and drawings.

Name & sign of applicant or –patent agent.


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ABSTRACT

The invention is for a cost effective and safe process for the preparation of

substituted

propenoic acid esters of general formula (I) in good yields

CH3 H

N OR

CH3

H O

Wherein R is C1-C4 alkyl group,

Which comprises reacting an active methylene compound with,

N, N-dimethylaminomethoxymethylium methyl sulfate in the presence of a solvent.


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Complete Specification

Name of Applicant Total Sheet: 3

Patent Application No. Sheet No. : 1

CH3 H

N OR

CH3

H O

FIG.-1

__________________________

(Name & Signature of Applicant/

Patent Agent)

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Complete specification

Name of Applicant Total Sheet :3

Patent Application No. : Sheet No. : 2

COOR1

COOR2

FIG.2

_______________________

(Name of Applicant/

Patent Agent)

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Complete Specification

Name of Applicant: Total Sheet :3

Patent Application No.: Sheet No.:3

CH3 O

N OCH3 (-)O S OCH3

CH3 (+) O

H

FIG.3

_______________________

(Name of Applicant/

Patent Agent)

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Examination of Patent Patent Application on method or procedure of

manufacturing substance will be examined only after the request filed to the patent office within 48 months from the date of patent application or within 12 months from date of commencement of patent amendment act 2002, whichever is later.


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Patent Of Addition

A patent application for any improvement or modification of an invention described in complete specification of the main patent application filed.

Patent of addition is valid till the main application exists or do not expired.

No renewal fees is payable.


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Divisional Patent Application

One patent application disclosing more than one invention of the same concept, then, on request made to the controller, the application is divided or splitted;

The date of application of the divisional application will the date of main patent application.


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Exclusive Marketing Rights (EMR)

Patent applications filed in India or in other convention country on or after 1-1-1995, for product patents for invention relating to medicine and drug are not examined till the end of December 2004.

Till that time, such product patents are allowed to make separate applications for exclusive marketing rights to sell or market or distribute or import the article in India.



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Grant for EMR is for five years until the patent is granted or rejected whichever is shorter.

EMR is applicable to pharmaceuticals and agricultural chemicals.


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Compulsory License

At any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the controller for grant of compulsory license.

The grounds of this license: non working of invention.

Under Central Government’s declaration, compulsory license should be granted in respect of any patent or class of patents.


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FORM – 1THE PATENTS ACT, 1970

(39 of 1970)APPLICATION FOR GRANT OF A PATENT

(See sections 5(2), 7, 54 and 135; rule 39)

1. I/We,

(a) X Y Z (Name of Applicant) (b) Address of the applicant (c) Nationality :

2. Hereby declare- (a) that I am/we are in possession of an invention titled: "A NOVEL CRAFTING MACHINE " (b) that the Provisional/Complete Specification relating to this invention is filed with

this application. (c) that there is no lawful ground of objection to the grant of a patent to me/us.

3. Further declare that the inventor for the said invention is- (a) A B C (Name of Inventor) (b) Address of inventor. (c) Nationality : SIGNATURE:_____________

4. I/We claim the priority from the applications filed in convention countries, particulars of which are as follows:

Priority application No & date or NOT APPLICABLE

5. I/We state that the said invention is an improvement in or modification of the invention, the particulars follows and of which of which are as I/we am/are the applicant/patentee:

(Main patent application No. & date or NOT APPLICABLE

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. 6. I/We state that the application is divided out of my/our application, the particulars of

which are given below and pray that this application deemed to have been filed on ____________ under section 16 of the Act.

(Main patent application No. & date or NOT APPLICABLE

7. That we are the assignee or legal representative of the true and first inventors.

8. That our address for service in India is as follows:

9. Following declaration was given by the inventor or applicant in the convention country. I/We the true and first inventors for this invention or the applicant in the convention country declare that the applicant herein is our assignee or legal representative.

(Name, address, pat application No. & date) or NOT APPLICABLE

10. That to the best of my/our knowledge, information and belief the fact and matters stated herein are correct and that there is no lawful ground of objection to the grant of patent to me/us on this application.

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11. Following are the attachments with the application: (a) Form 2 - Complete Specification (5 copies). (b) Abstract (5 copies)

(c) Drawings (5 copies) (d) Statement and Undertaking on Form 3 (5copies) (e) Form 5 (5 copies) (f) Declaration (g) Power of Authority on Form 26

I/We request that a patent may be granted to me/us for the said invention.

Dated this _____ day of _______ 2004.

For, X. Y. Z.

_________________________ (Name & Signature of the Authorised Signatory)To,The Controller of PatentsThe Patent Office,at MUMBAI

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FORM - 1ATHE PATENTS ACT, 1970

(39 of 1970)APPLICATION CORRESPONDING TO AN INTERNATIONAL

APPLICATION FOR GRANT OF A PATENT[See section 7(1a); rule 20(1)]

1. I/We, (a) X Y Z (Name of Applicant) (b) Address of the applicant (c) Nationality :

2. Hereby declare- (d) that I am/We are in possession of an invention titled: “A NOVEL CRAFTING MACHINE “

(e) that my/our application in India is based on the International Application under PCT No. PCT/US03/05941 filed on 27 February, 2003

3. Further declare that the inventor for the said invention is- (a) A B C (Name of Inventor) (b) Address of inventor (c) Nationality :

4. I/We claim the priority from the application filed in convention countries, particulars of which are as follows:

(a) Name of the country priority claimed (b) Number patent of priority claimed (c) Date of priority claimed (d) Name of Applicant (e) “A NOVEL CRAFTING MACHINE”

And declare that above application or each of the above applications was the first application in a convention country in respect our invention.

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5. I/We state that the said invention is an improvement in or modification of the invention, the particulars of which are as follows and of which I am/We are the applicant/patentee:

NOT APPLICABLE

6. That I am/We are the assignee or legal representative of the true and first inventors.

7. That my/our address for service in India is as follows:

8. Following declaration was given by the inventor or applicant in the convention country.

I the true and first inventor for this invention or the applicant in the convention country declare that the applicant herein is my assignee or legal representative.

(a) X Y Z (Name of Applicant) (b) Address of the Applicant (c) Nationality:

9. That to the best of my knowledge, information and belief the fact and matters stated herein are correct and that there is no lawful ground of objection to the grant of patent to me on this application.

10. Following are the attachments with the application: (a) Complete Specification in confirmation with the International application/as amended before IPEA, if any; (b) Drawings in confirmation with the International application/as amended before the IPEA, if any; (c) Statement and Undertaking on Form-3 (Duplicate) (d) Declaration As to Inventorship on Form-5 (Duplicate) (e) Fee Rs. 750/- or 3000/- by cheque bearing No. _______ of dated __________ drawn on ________BANK.

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I/We request that a patent may be granted to me for the said invention.

Dated this Day of 2004. For,

X.Y.Z.

____________________________

(Name & Signature of Authorised Signatory)

To,

The Controller of Patents

The Patent Office

at Mumbai

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FORM – 3THE PATENTS ACT, 1970

(39 of 1970)STATEMENT AND UNDERTAKING UNDER SECTION 8

(See section 8; rule 12)

I/We,(a) X Y Z (Name of applicant)(b) Address of Applicant

(c) Nationality:

Hereby declare:

(i) that I/we who have made this application alone for the same invention applications for patent in the other countries, the particulars of which are given below:

Name of the country

Date of application

Application No.

Status of Application

Date of publication

Date of grant

NOT APPLICABLE

(ii) that the rights in the application have been assigned to:

(a) X Y Z (Name of Applicant)

(b) Address of Applicant.

(c) Nationality:

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(iii) that I/we undertake that upto the date of acceptance of the complete

specification by the Controller, I/we would keep him informed in writing the details regarding corresponding applications for patents filed outside India within three months from the date of filing of such application.

Dated this _____ day of _______ 2004.

For,

X Y Z __________________________________

(Name and signature of Patent

Agent/Authorised signatory of Applicant)

To,

The Controller of Patents

The Patent Office,

at MUMBAI

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FORM - 5THE PATENTS ACT, 1970

(39 of 1970)DECLARATION AS TO INVENTORSHIP

[See section 10(6); rule 13(6)]

I/We,

(a) X Y Z (Name of Applicant)(b) Address of Applicant (c) Nationality:

Hereby declare that the true and first inventor of the invention disclosed in the complete specification filed in pursuance of my/our application numbered ____________ dated _______ is:

(a) A B C (Name of the inventor)(b) Address of the inventor(c) Nationality:

Dated this _____ day of _____ 2004.For, X Y Z

______________________________(Name and Signature of Patent Agent/Authorised

Signatory of Applicant)To,The Controller of PatentsThe Patent Office,at MUMBAI

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DECLARATION

I/we, (a) A B C (Name of inventor) (b) Address of Inventor. (c) Nationality: Referred to on the application titled "_________________________________________________________________________________________________________"

as claiming to be the true and first inventor hereby declare that the applicant who has signed the application described here below is our assignee.

(a) X Y Z (Name of theApplicant)(b) Address of Applicant (c) Nationality:

Dated this ______ day of _____ 2004.

____________________________________________A B C (Name of inventor)

Signature of two witnesses alongwith their names, addresses, and Nationalities.

(1)__________________ (2)____________________ __________________ ____________________ _________________ _______________________

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FORM NO

PURPOSE TIME DURATION FEES

INDIVIDUAL

COMPANY

1. Application for grant of a patent

750 (Multiple of 750 in case of every multiple priority

3000(Multiple of 3000 in case of every multiple priority

2. Provisional/complete Specification

If provisional specification is made then within 12 months

No fee No fee

9. On request for sealing of a patent

6 months form the date of advertisement of acceptance of complete specification

1,500 5,000

18. For renewal of a patent Shall be extended upto 6 months

(i) Before the expiration of the 2nd year form the date of patent in respect of 3rd year

600 3,200

(ii) Before the expiration of the 3rd year in respect of the 4th year

600 3,200

FEE SCHEDULE

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(v) Before the expiration of the 4th year in respect of the 5th year

600 3,200

(iv) Before the expiration of the 5th year in respect of the 6th year

600 3,200

(v) Before the expiration of the 6th year in respect of the 7th year

1,500 4,500

(vi) Before the expiration of the 7th year in respect of the 8th year

1,500 4,500

(vii) Before the expiration of the 8th year in respect of the 9th year

1,500 4,500

(viii) Before the expiration of the 9th year in respect of the 10th year

1,500 4,500

(ix) Before the expiration of the 10th year in respect of the 11th year

3,500 10,00

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(x) Before the expiration of the 11th year in respect of 12th year

3,500 10,000

(xi) Before the expiration of the 12th year in respect of 13th year

3,500 10,000

(xii) Before the expiration of the 13th year in respect of 14th year

3,500 10,000

(xiii) Before the expiration of the 14th year in respect of 15th year

3,500 10,000

(xiv) Before the expiration of the 15th year in respect of 16th year

5,000 15,000

(xv) Before the expiration of the 16th year in respect of 17th year

5,000 15,000

(xvi) Before the expiration of the 17th year in respect of 18th year

5,000 15,000

63

(xvii) Before the expiration of the 18th year in respect of 19th year

5,000 15,000

(xviii) Before the expiration of the19th year in respect of 20th year

5,000 15,000

15. On application for restoration of a patent

Restoration of lapsed patent within 18 months

1,500 5,000

Additional fee for restoration 3,000 10,000

19. On request for examination of application for patent

Within 48 months from the date of filing of the application

1,000 3,000

64

Thank You“We are in practice to serve our best

service to our clients for Patent, Trademarks and Copyright ”

Few of our patent clients are

L. M. College of Pharmacy-Ahmedabad

Skymax Laboratories-Rajkot

Astron Research Ltd.-Ahmedabad

Applied Biotechnology-Chennai

Are the best example of it.


1 seminar on nuts & bolts of patents techniques on drafting patent and filing of patent...

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