Final

“Patents”

Patent

• A legal Monopoly granted by government. • Allows the inventor an exclusive right to

make, use, and sell an invention for twenty (20) years.

• Patent applicant must demonstrate to the patent office that an invention, discovery, or design is non-obvious, novel, and useful. It cannot be obvious considering current technology.

Who can apply for Patent?

YOU!• Any Person whether a citizen of

India or not• True and first inventor of the

Invention • Her/his Assignee• Her/his Legal representative• Either alone or Jointly with

another person

1) Set a goal, dream, imagine!

2) Write it down!

3) Experiment, develop, modify and construct your invention.

4) It’s a SECRET!

So...how do you “invent”?

What is a Patent? Is it just a piece of paper?

“Invention”

A new product or process Involving an inventive step Capable of industrial application

Mine

Mine

Mine

Mine

Patent Law - Salient Features• Both product and process patent provided• Term of patent – 20 years• Examination on request• Both pre-grant and post-grant opposition • Fast track mechanism for disposal of appeals• Provision for protection of bio-diversity and

traditional knowledge• Publication of applications after 18 months with

facility for early publication• Substantially reduced time-lines

Why would anyone want a patent?Monopoly of the invention through exclusive rights • Right to manufacture • Right to sell • Right to import, etc.

Why do we want people to eventually use our inventions?

Someone may make your invention even better!

What can be patented?Atomic energy

Design: ornamental design for an object

Topography of Integrated Circuits

Literary, dramatic, musical or artistic workIndex

Patent Filing Requirements In India • Two copies of application for grant of patent (Form 1);

• Two copies of the complete patent specification (Form 2);• Two sets of the drawing figures, if any, one set of which

should be in thick A-4 size white sheets; • Duly stamped with Power of Attorney authorizing the

agent(Form 26)• Declaration of the Inventor ship signed by the applicant

(Form 5);• Priority documents, if any; if not in English, English

translation thereof • The Statement and Undertaking regarding corresponding

foreign filings (Form 3)• Authority – Controller General of Patents Design and Trademark ,Ministry of Commerce and Industry Bhoudik Sampada Bhavan ,Mumbai

Jurisdiction • For An Indian Applicanto Can file Application for patent o At the Appropriate Patent Office under whose jurisdiction o He normally resides or o Has his domicile or o Has a place of business or the place from where the

invention actually originated • For Non - Resident Applicant o Applicant having no place of business in Indiao The Address for service in India or place of business of his patent

agent

Benefits of Patent• Reduces the unfair competitors in the market• Revenue Generationo Licensingo Assignmento Technology Transfero Merger and Acquisitiono IP Auction etc,o Increases the Value of company

The Patent Edge • Patents can be used• Offensively, • Defensively, or simply to build company image. • Revenue generation, IP Auction • Licensing • Assignment• Technology Transfer

• A key component in a robust business strategy. Allows the company to operate from a position of strength in licensing and settlement negotiations.

What Is A Patent?Grant by the U.S. Government to provide individuals

legal protection for their discoveries (inventions)Finds basis in Article 1, Section 8, U.S. Constitution

Congress is empowered to “...promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Covered by Federal Law (Title 35 USC)Gives the patent owner the right to prevent others

from making, using or selling the claimed invention within the United States or Country of Issue.

35 USC Section 101

SUBJECT MATTER SUBJECT MATTER PATENTABLEPATENTABLE

• A PROCESS• A MACHINE• A COMPOSITION OF MATTER• A MANUFACTURE

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THANK YOU