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PATENTS

PATENTS

PATENTSWhat is a patent?Patent is a grant for an invention by the government to the Inventor in exchange for full disclosure of the invention to debar others to exploit the invention for commercial success for a limited period within the geographical boundaries.

Advantages:Scientific & technological knowledge not kept secret.Publication of details stimulates other inventive minds.Rewards the inventive mind by giving the patentee a legal monopoly to make use of his invention to his economic benefit.Each country has its own patent laws and one must file application in each country where the patent protection is sought.

Laws and Regulations in India

Patents Act, 1970 Amended in 199920022005Patents Rules,2003 Amended in 20052006

What is an INVENTION?An invention must relate to a PROCESS or PRODUCT or both and satisfy the following conditions:

What CANT be patented?

What CANT be patented?

Stages : From Filing To Grant Of PatentFILING OF APPLICATION(Provisional / Complete Specification)PUBLICATION OF APPLICATIONREQUEST FOR EXAMINATIONEXAMINATION-ISSUE OF FERGRANT OF PATENT

Decision of ControllerAppellate BoardAppeal3rd Party RepresentationPOST GRANTOPPOSITIONRevocation/Amendment

If P. S. is filed, C. S. to be filed within 12 months.PROMPTLY AFTER 18 MONTHSWITHIN 48 MONTHSALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS

WITHIN 12 MONTHS

File an application for patentWith one of the patent offices based on territorial jurisdiction of the place of office or residence of the applicant /agent.Pay the required fee.Information concerning application form and details of fee available at www.ipindia.nic.in Stages : From Filing To Grant Of Patent

Patent SpecificationsThere are two types of patent documents usually known as PATENT SPECIFICATIONS:Provisional SpecificationComplete Specification Usually filed to establish priority of invention. When invention is at conceptual stage and delay is expected in submitting full description. Has to be followed by complete specification. Improvements effected during course of development of details of the invention can be incorporated in the complete specification. The inventor can test commercial possibilities, can abandon the application if not found to be commercially viable.Has to be filed within 12 months from date of filing of provisional specification. CS should satisfy the following conditions:

1. Full description of invention, its operation or use & the method by which it is to be performed.2. Disclose the best method of per-forming the invention for which the applicant is entitled to claim protection.3. End with a claim or claims defining the scope of the invention for which protection is Claimed.

Publication

Request For Examination

ExaminationApplication is sent to an examiner within 1 month from the date of request for examinationExaminer undertakes examination with respect to :Whether the claimed invention is not prohibited for grant of patent Whether the invention meets the criteria of patentability

Issue Of FER & Applicants response

Pre - & Post - Grant Opposition

Patent Dispute Resolution Platforms

Grant of Patent In IndiaOnce approved, a certificate of patent is issued within 7 days.Grant of patent is published in the official journal.Revocation Of PatentRevocation of patent is cancellation of the patent grant.Once the patent is granted by the controller, if any person desires to cancel the patent then he has to file a revocation petition before the High Court.The grounds for such a petition have been mentions under Section 64 of Patents ActPatent TermAny patent which is granted will be valid for a maximum term of 20 years from the date of filing or priority, whichever is earlier. However, to keep the patent active for the said 20 years, the patent should be renewed every year.

Renewal FeeTo be paid within 3+6 months from date of recording in the register [sec 142 (4) ]. No fee for 1st and 2nd year.

Renewal fee, on yearly basis, is required to be paid for 3rd to 20th for keeping the patent in force. Delay upto six months from due date permissible on payment of fee for extension of time .

Patent lapses and becomes public property if renewal fee is not paid within the prescribed period. Thereafter, it cannot be re-patented as novelty of invention is lost.

InfringementAn infringement may occur where the accused infringer has made, used, sold, offered to sell, or imported a patented invention without the consent of the owner.A patent is infringed even if it infringes a single independent claim in a patent.

TYPES OFINFRINGEMENTDIRECTINDIRECT

To make, use, or sell the patented invention without permission from the patentee.To actively encourage another to make, use, or sell a patented invention without permission.

CONTRIBUTORY INDUCED Knowingly sell or supply a part orcomponent of the patentedinvention to another.Act of actively inducinganother to infringe a patent.

Is It Possible To Get a World Wide Patent?

In the current state of the international patent system, no.

There is no one patent that covers every country in the world, or even a large number of the countries of the world. The patent system is still a territorial system; in order to be protected in a particular country, you have to be granted a patent in that country.

However, there is an international agreement administered by WIPO called the Patent Cooperation Treaty (PCT), for the filing, searching, publication and examination of international applications. The PCT makes it easier to obtain patents in the Contracting States by providing for the filing of one international application, which may be subsequently prosecuted in the different designated national or regional Offices of States party to the PCT. However, even under the PCT, the granting of patents is left to those designated Offices.