laws of patent and filing

8/14/2019 Laws of Patent and Filing

1/24

Law of Patents and filing

process

ByVikram Pratap Singh

Thakur

Agenda Patentability requirements (overview)

Patent Process in India Online patent filing process in India

Patent What is a patent? Rights

Make Use Sell

Offer for sale Import

Patentability requirements Patentable subject matter Utility Novelty Non-obviousness Specification

Patentable Subject Matter Inclusion list

Product or Process Exclusion list

Brain League IP Services Pvt. Ltd.


2/24

Section 3 and 4

Exclusion list

Frivolous inventions and Inventions against Natural Laws Inventions contrary to Public Order or Morality or prejudicial

to Life or Environment Scientific Principle or Abstract Theory or Discovery New Form or New Property or New Use Mere Admixture Mere Arrangement or Re-arrangement of devices or

duplication

Exclusion list cont Method of Agriculture or Horticulture Medical Methods Plants and Animals Mathematical Algorithm and Computer Program Copyrightable works and Presentations Mental Act and Method of playing a Game Integrated Circuits

Traditional Knowledge Atomic Energy (sec 4)

Utility (Industrial applicability) Capable to be used in the industry At least used for one purpose

Novelty New Not part of prior art Single reference



3/24

Non-obviousness (Inventive Step) Inventive step

Technical advance; and/or Economic significance

Person skilled in the art Multiple references combined

Specification Description of the invention

Enablement Best mode

Kalyans Patent Filter Model



4/24

Illustration X invents a door knob made of clay and porcelain, which

could be used in very low or high temperatures withoutdeformation and was cheaper than existing knobs. The prior

art relating to the knob includes: Door knobs made of metal, which were being sold and

used extensively; and Kitchen utensils made of clay and porcelain.

Indian Patent Procedure

Filing Contents of application (provisional or complete) Persons entitled to apply Place of application Types of application Priority date Documents

Contents of specifications Title (P) Abstract (P) Written Description (P) Drawings (where necessary) Sample or Model (if required by the examiner)



5/24

Enablement and Best Mode Claims Deposit (Microorganisms)

Persons entitled to apply True and first inventor of the invention Assignee Legal representative

Place of application

Patent offices Territorial jurisdiction

Mumbai The states of Gujarat, Maharashtra, Madhya Pradesh, Goa,Chhattisgarh, The Union Territories of Daman and Diu and Daand Nagar Haveli.

Delhi The states of Haryana, Himachal Pradesh, Jammu and KashmPunjab, Rajasthan, Uttar Pradesh, Uttranchal, National capitaterritory of Delhi and the union territory of Chandigarh.

Chennai The states of Andhra Pradesh, Karnataka , Kerala, Tamil Nadthe union territories of Pondicherry and Lakshadweep.

Kolkata (headoffice)

Rest of India

Various types of applications in India

Ordinary application Convention application

PCT international application PCT National phase application Application for Patent of addition Divisional Application



6/24

Priority Date Date of first filing Date of foreign filing if foreign application filed earlier Date of PCT international application

Documents to be submitted at the time offiling

Form 1 - Application for the grant of patent.

Form 2 - Provisional or Complete Specification. Form 3 - Statement and undertaking by the applicant. Form 5 - Declaration as to inventorship. Form 26 - Authorization of patent agent or any other person.

(if filed through an agent) Priority document details have to be filed for a Convention

application. Proof of right if the application is made by the assignee. Death Certificate of deceased - Legal Representative

Publication Date of publication Open for public inspection Rights of patentee starts Early publication Circumstances when publication not done



7/24

Publication after 18 months

Examination Request for examination Formal examination

verifying the propriety and correctness of all

documents verifying the patentability First Examination Report (FER) Amendments

Grant Order for grant Fees Grant Publication

Rights of patentees can be enforced

Publication of granted patents



8/24

E filing in India



9/24



10/24



11/24



12/24



13/24



14/24



15/24



16/24

Payment



17/24

List of filed applications



18/24



19/24

View status of application



20/24

Generate and printacknowledgement



21/24

Certified and True copy



22/24

THANK

YOUrainle



23/24



24/24
