1 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.
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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
“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.
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.
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.
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;
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.
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
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.
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.
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.
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.
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.
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.
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.
(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.