Top Banner

of 63

202 u3 Nuts Bolts Patents

Apr 03, 2018

Download

Documents

ashok kumar
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
  • 7/28/2019 202 u3 Nuts Bolts Patents

    1/63

    NUTS & BOLTS of PATENTING

    MPCT 202/MPMC 202Unit III

    Trainer: Chandramouli R

  • 7/28/2019 202 u3 Nuts Bolts Patents

    2/63

    Indian Patents unravelled...

    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.

    http://www.btinternet.com/~fireballxl5/workplace/office/pics/notepadpencil1204.jpghttp://www.btinternet.com/~fireballxl5/workplace/office/pics/objects00508.jpg
  • 7/28/2019 202 u3 Nuts Bolts Patents

    3/63

    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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    4/63

    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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    5/63

    Obviousness or lack of

    inventive step must be judged

    having regard to what waspublicly known or publicly

    used in India or what was

    published in India or elsewherebefore the priority date of the

    claim.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    6/63

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

    who has invented a new and useful articleor 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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    7/63

    A patent is not granted for an

    idea or principle as such, but it

    is granted for some article orthe 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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    8/63

    Why one should go for

    patent???

    Prevention against leaking

    of the invention through

    workmen of inventor.

    Prevent secret exploitationof invention by the

    competitor.

    On obtaining patent the

    patentee can lawfully

    enforce against infringers.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    9/63

    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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    10/63

    Types of Patent

    1. Ordinary patent application

    2. Patent of addition

    3. International application by

    PCT route or by Conventionalroute.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    11/63

    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 orapparatus is not invention, however known process

    forms new product or employ new reactant.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    12/63

    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;

  • 7/28/2019 202 u3 Nuts Bolts Patents

    13/63

    Any process for the medicinal, surgical, curative,

    prophylactic, diagnostic, therapeutic or other

    treatment of human beings or any process for asimilar 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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    14/63

    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 andanimals.

    A mathematical or business method or a

    computer program per se or algorithms

  • 7/28/2019 202 u3 Nuts Bolts Patents

    15/63

    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 anaggregation or duplication of known properties of

    traditionally known component/s;

    Scheme / rule / method of performing mental act or

    method of playing any game.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    16/63

    Inventions which are not

    patentable:

    An invention relating

    to atomic energy is

    not patentable

    invention as per the

    Indian patent act.

    markpatent.org 21st August, 2004.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    17/63

    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-metalliccompounds.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    18/63

    Patentable Inventions Invention claiming for the method

    or processes of manufacture ofsubstances being used as food or

    drug or medicine or

    Invention claiming chemical

    processes for the production ofalloys, optical glass, semi-

    conductors and inter-metallic

    compounds.

    Product (substance) which is non

    pharmaceutical-ex: machine, device

    etc.

    markpatent.org 21st August, 2004

    http://www.btinternet.com/~fireballxl5/medical/pics/antibiotics2516.jpg
  • 7/28/2019 202 u3 Nuts Bolts Patents

    19/63

    Chemical processes includes

    biochemical, biotechnological

    and microbiological process.

    Process for Micro-organisms are also

    patentable.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    20/63

    Mail Box Patent Application

    Invention claiming onpharmaceutical products

    or substances are treated

    as mail-box applicationtill 31st December 2004.

    Mail box application will

    not be examined until 31

    st

    December 2004.

    mark atent.or 21st Au ust 2004.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    21/63

    Product (Mail-Box) patent

    application will be examined only onfiling 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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    22/63

    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.

    a en pp ca on

  • 7/28/2019 202 u3 Nuts Bolts Patents

    23/63

    a en pp ca onaccompanying complete

    specification

    Should begin with title of invention;

    Prior Art in relation to the present invention;

    Full & particular description of theinvention, its operation or use and method

    of performing;

    Claim/claims

    Abstract

    Drawings if necessary

  • 7/28/2019 202 u3 Nuts Bolts Patents

    24/63

    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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    25/63

    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..

  • 7/28/2019 202 u3 Nuts Bolts Patents

    26/63

    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 .

  • 7/28/2019 202 u3 Nuts Bolts Patents

    27/63

    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).

  • 7/28/2019 202 u3 Nuts Bolts Patents

    28/63

    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

  • 7/28/2019 202 u3 Nuts Bolts Patents

    29/63

    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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    30/63

    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

  • 7/28/2019 202 u3 Nuts Bolts Patents

    31/63

    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

    H

    The R2 group of the active methylene compound of general formula (II) used in the presentinvention 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

  • 7/28/2019 202 u3 Nuts Bolts Patents

    32/63

    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

  • 7/28/2019 202 u3 Nuts Bolts Patents

    33/63

    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

  • 7/28/2019 202 u3 Nuts Bolts Patents

    34/63

    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

  • 7/28/2019 202 u3 Nuts Bolts Patents

    35/63

    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.

    markpatent.org 21st August, 2004.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    36/63

    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 0-15 0C, 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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    37/63

    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).

  • 7/28/2019 202 u3 Nuts Bolts Patents

    38/63

    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-C

    4alkyl 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-C

    4alkyl group, with,

    N, N-dimethylaminomethoxymethylium methyl sulfate of formula III

  • 7/28/2019 202 u3 Nuts Bolts Patents

    39/63

    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 5-20 0C, 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 9 0C 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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    40/63

    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.

    Complete Specification

  • 7/28/2019 202 u3 Nuts Bolts Patents

    41/63

    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)

  • 7/28/2019 202 u3 Nuts Bolts Patents

    42/63

    Complete specification

    Name of Applicant Total Sheet :3

    Patent Application No. : Sheet No. : 2

    COOR1

    COOR2

    FIG.2

    _______________________

    (Name of Applicant/

    Patent Agent)

  • 7/28/2019 202 u3 Nuts Bolts Patents

    43/63

    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)

    Examination of Patent

  • 7/28/2019 202 u3 Nuts Bolts Patents

    44/63

    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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    45/63

    Patent Of Addition

    A patent application for any improvementor 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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    46/63

    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.

    Exclusive Marketing Rights

  • 7/28/2019 202 u3 Nuts Bolts Patents

    47/63

    Exclusive Marketing Rights

    (EMR)

    Patent applications filed in India orin other convention country on or

    after 1-1-1995, for product patents

    for invention relating to medicine

    and drug are not examined till theend of December 2004.

    Till that time, such product patents

    are allowed to make separate

    applications for exclusivemarketing rights to sell or market

    or distribute or import the article

    in India.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    48/63

    Grant for EMR is for five years until

    the patent is granted or rejectedwhichever is shorter.

    EMR is applicable to pharmaceuticals and

    agricultural chemicals.

    Compulsory License

  • 7/28/2019 202 u3 Nuts Bolts Patents

    49/63

    Compulsory License

    At any time after the expiration of three years from

    the date of the sealing of a patent, any personinterested may make an application to the

    controller for grant of compulsory license.

    The grounds of this license: non working ofinvention.

    Under Central Governments declaration,

    compulsory license should be granted in respect ofany patent or class of patents.

    FORM 1

    THE PATENTS ACT, 1970

  • 7/28/2019 202 u3 Nuts Bolts Patents

    50/63

    (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 orNOT 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 orNOT APPLICABLE

  • 7/28/2019 202 u3 Nuts Bolts Patents

    51/63

    .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 NOTAPPLICABLE

    1. 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) orNOT APPLICABLE

    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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    52/63

    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 Patents

    The Patent Office,at MUMBAI

    FORM - 1A

    THE PATENTS ACT, 1970

  • 7/28/2019 202 u3 Nuts Bolts Patents

    53/63

    (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 underPCT 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.

  • 7/28/2019 202 u3 Nuts Bolts Patents

    54/63

    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

    1. 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:

    1. 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:

    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 Internationalapplication/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.

    I/W t th t t t b t d t f th id i ti

  • 7/28/2019 202 u3 Nuts Bolts Patents

    55/63

    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

    FORM 3

  • 7/28/2019 202 u3 Nuts Bolts Patents

    56/63

    THE 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:

    Date of

    grant

    Date of

    publication

    Status of

    Application

    Application

    No.

    Date of

    application

    Name of the

    country

    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:

  • 7/28/2019 202 u3 Nuts Bolts Patents

    57/63

    (i) 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

    FORM - 5

  • 7/28/2019 202 u3 Nuts Bolts Patents

    58/63

    FORM - 5

    THE 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 Patents

    The Patent Office,

    at MUMBAI

    DECLARATION

  • 7/28/2019 202 u3 Nuts Bolts Patents

    59/63

    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)____________________

    __________________ ____________________

    _________________ _______________________

    FEE SCHEDULE

  • 7/28/2019 202 u3 Nuts Bolts Patents

    60/63

    3,200600(i) Before the expiration of the2nd year form the date of patent

    in respect of 3rd year

    3,200600(ii) Before the expiration of the

    3rd year in respect of the 4th year

    Shall be extended upto 6

    months

    For renewal of a patent18.

    5,0001,5006 months form the date of

    advertisement of

    acceptance of complete

    specification

    On request for sealing of a

    patent

    9.

    No feeNo feeIf provisional

    specification is made then

    within 12 months

    Provisional/complete

    Specification

    2.

    3000(Multiple of 3000 in

    case of every

    multiple

    priority

    750 (Multipleof 750 in case

    of every

    multiple

    priority

    Application for grant of apatent

    1.

    COMPANYFEES

    INDIVIDUAL

    TIME DURATIONPURPOSEFORM

    NO

    FEE SCHEDULE

  • 7/28/2019 202 u3 Nuts Bolts Patents

    61/63

    3,200600(v) Before the expiration of the

    4th year in respect of the 5th

    year

    10,003,500(ix) Before the expiration of

    the 10th year in respect of the

    11th year

    4,5001,500(viii) Before the expiration of

    the 9th

    year in respect of the10th year

    4,5001,500(vii) Before the expiration of

    the 8th year in respect of the 9 th

    year

    4,5001,500(vi) Before the expiration of

    the 7th year in respect of the 8 th

    year

    4,5001,500(v) Before the expiration of the

    6th year in respect of the 7th

    year

    3,200600(iv) Before the expiration ofthe 5th year in respect of the 6 th

    year

  • 7/28/2019 202 u3 Nuts Bolts Patents

    62/63

    10,0003,500(x) Before the expiration of

    the 11th year in respect of 12th

    year

    15,0005,000(xvi) Before the expiration of

    the 17th year in respect of 18th

    year

    15,0005,000(xv) Before the expiration of

    the 16th

    year in respect of 17th

    year

    15,0005,000(xiv) Before the expiration of

    the 15th year in respect of 16th

    year

    10,0003,500(xiii) Before the expiration of

    the 14th year in respect of 15th

    year

    10,0003,500(xii) Before the expiration of

    the 13th year in respect of 14th

    year

    10,0003,500(xi) Before the expiration ofthe 12th year in respect of 13th

    year

  • 7/28/2019 202 u3 Nuts Bolts Patents

    63/63

    15,0005,000(xvii) Before the expiration of

    the 18th year in respect of 19th

    year

    3,0001,000Within 48 months

    from the date of

    filing of the

    application

    On request for examination of

    application for patent

    19.

    10,0003,000Additional fee for restoration

    5,0001,500Restoration of

    lapsed patent

    within 18 months

    On application for restoration

    of a patent

    15.

    15,0005,000(xviii) Before the expiration ofthe19th year in respect of 20th

    year