IPR-PPT -PATENT APPLICATION.ppt downloadx
- 1. PATENT APPLICATION N.Elanchezhian Ad.No.2010-23-104 Ph.D: I year (Animal Nutrition)
- 2. INTELLECTUAL PROPERTY Intellectual Property refers to creation of mind i.e. inventions, industrial designs for article, literary & artistic work, symbols etc. used in commerce.
- 3. INTELLECTUAL PROPERTY Two categories industrial property: inventions (patents), trademarks, industrial designs, and geographic indications of source Copyright: literary and artistic works such as novels, poems, plays, films and musical works etc.
- 6. TRIPS Agreement Patents Industrial Designs Trade Marks Copyright Geographical Indications Layout Designs of Integrated Circuits Protection of Undisclosed Information/Trade Secrets
- 7. INTERNATIONAL TREATIES India is a member-state of Word Intellectual Property Organisation (WIPO a) World Trade Organization (WTO) with effect from 01- 01 -1995. b) Convention establishing World Intellectual Property Organisation, (WIPO). c) Paris Convention for the protection of Industrial Property with effect from Dec.7, 1998. d) Patent Co-operation Treaty (PCT) with effect from Dec.7, 1998. e) Budapest Treaty with effect from 17th December, 2001.
- 8. Patent Application A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. Consists of: Description of the invention (the patent specification) Official forms and other correspondence relating to the application.
- 12. DOCUMENTS REQUIRED FOR FILING AN APPLICATION 1) Application form in duplicate (Form 1). 2) Provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months.(Form 2). 3) Drawing in duplicate (if necessary). 4) Abstract of the invention in duplicate. 5) Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
- 13. DOCUMENTS REQUIRED FOR FILING AN APPLICATION 6) Priority document (if priority date is claimed) in convention application,when directed by the Controller. 7) Declaration of inventor-ship where provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5). 8) Power of attorney (if filed through Patent Agent). 9) Fee (to be paid in cash/by cheque/by demand draft) (See Schedule I).
- 15. e-Application www.ipindiaonline.gov.in/on_line click on link 'On-line Registration for New User' Complete On-line Registration process for getting User Id & Password. Login to E-Patent portal after successful registration. Download Client Software for preparing Patent Application(s) offline. Fill Patent Application offline and generate an XML file using Client Software. After creating application(XML) file offline, Digitally Sign the XML file(Max. file size permitted 15 MB) for uploading on to the IPO Server. Login into E-Patent portal for uploading Application XML file on IPO Server. Upload & Submit Digitally Signed XML file to IPO Server. Process Application for EFT (Fee Transaction). Review Application Status on E-Patent Portal. On successful EFT acknowledgement details would be displayed/ generated. Print Acknowledgement. Click on "Print" to generate printout of acknowledgement.
- 17. Types of applications Standard application patent application containing all of the necessary parts (e.g. a written description of the invention and claims) that are required for the grant of a patent.
- 18. Types of applications Provisional applications Provisional patent applications can be filed at many patent offices provisional application provides an opportunity to place an application on file to obtain a filing date (thereby securing a priority date
- 19. Types of applications Continuation applications In certain offices a patent application can be filed as a continuation of a previous application. Such an application is a convenient method of including material from a previous application in a new application when the priority year has expired and further refinement is needed.
- 20. Types of applications Divisional applications A divisional application is one which has been "divided" from an existing application. A divisional application can only contain subject matter in the application from which it is divided (its parent), but retains the filing and priority date of that parent. A divisional application is useful if a unity of invention objection is issued, in which case the second (and third, fourth, etc) inventions can be protected in divisional applications
- 21. Application preparation Patent specification A patent specification is a document describing the invention for which a patent is sought and setting out the scope of the protection of the patent Claims The claims of a patent specification define the scope of protection of a patent granted by the patent.
- 22. Application preparation Filing date The filing date of an application is important as it sets a cutoff date Priority claim A patent application may claim priority from another previously filed application in order to take advantage of the filing date of information disclosed in that earlier application
- 23. Application preparation Security issues Many national patent offices require that security clearance is given prior to the filing of a patent application in foreign countries Publication Patent applications are generally published 18 months after the earliest priority date of the application
- 24. Application preparation Patent pending Patent pending is a term used to describe an alleged invention that is the subject of a patent application
- 25. Patent procedure Patentable subject matter Patents are granted for the protection of an invention, but while an invention may occur in any field, patent laws have restrictions on the areas in which patents can be granted. Such restrictions are known as exclusions from patentability.
- 26. Patent procedure Search and examination After filing, either systematically or, in some jurisdictions, upon request, a search is carried out for the patent application. The purpose of the search is to reveal prior art which may be relevant to the patentability of the alleged invention (that is, relevant to what is claimed, the "claimed subject- matter"). The search report is published, generally with the application 18 months after the priority date of the application, and as such is a public document
- 27. Patent procedure Issue or grant Once the patent application complies with the requirements of the relevant patent office, a patent will be granted further payment of official fees
- 28. Patent procedure Post-issue or grant Many jurisdictions require periodic payment of maintenance fees in order to retain the validity of a patent after it is issued and during its term. Failure to timely pay the fees results in loss of the patent's protection.
- 30. Thank you