PATENT and types of patents
29 likes17,317 views
The document outlines the essentials of patents, including their definition, protections, and types. It describes the process for obtaining a patent in India, the requirements for patentability, and the rights granted to patent holders. Additionally, it highlights the significance of patent information for researchers and businesses, as well as the expiration conditions for patents.
PATENT and types of patents
- 1. PATENT SUBMITTED BY GEETHA LAKSHMI.C IInd M.Sc., BOTANY BHARATHIDASAN UNIVERSITY.
- 2. WHAT IS PATENT? • A patent is an exclusive right granted for an invention. • which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solutions. • A legal protection which gives an inventor the right to exclude others from performing certain activity in the country of issuance. • Grant of a property right to the inventor Issued by the Patent and Trademark Office
- 3. WHAT KIND OF PROTECTION DOES A PATENT OFFER? • The right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention without prior authority. • Not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.
- 4. Patentability (What may be patented?) • it says, "any person who invents any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof“ • HOW LONG DOES A PATENT LASTS? The protection is granted for a limited period, generally 20 years from the filing date of the application.
- 5. Patentability • Process: – Process, act or method, and primarily includes industrial or technical processes • Machine: – Self explanatory • Manufacture: – Articles which are made, including all manufactured articles • Composition of Matter – chemical compositions and may include mixtures of ingredients as well as new chemical compound
- 6. • WHAT CANNOT BE PATENTED? • Any artistic creation • Mathematical methods • Buisness schemes. • Anything against universal law
- 7. TYPES OF PATENTS • There are three types of patents: • Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; • Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and • Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
- 9. STAGES TO OBTAIN A PATENT Filling an application for patent • Application is required to be filed according to the territorial limits where the applicant or the first mentioned applicant in case of joint applicants, for a patent normally resides or has a place of business or the place from where the invention actually originated. • The four patent offices are located at Kolkatta, Mumbai, Delhi & Chennai. Examination Early request for exam : • No application for patent will be examined if no request is made by the applicant or by any other interested person in Form-18 with prescribed fee of Rs.2,500.(It may vary according to the type of patent or invention) • within a period of 48 months from the date of priority of the application or from the date of filing of the application .
- 10. CONT……. • First Examination Report (FER) stating the objections/requirements is communicated to the applicant according to the address for service ordinarily within six (06) months from the date of request for examination or date of publication whichever is later. • Application or complete specification should be amended in order to meet the objections/requirements within a period of 12 months from the date of First Examination Report (FER) Withdrawl : • The application for patent can be withdrawn at least 3(Three) months before the first publication • The application withdrawn after the date of publication, cannot be refiled as it is already laid open for public inspection.
- 11. CONT….. • Grant of patent : The patent is granted, after 6 months from the date of publication under section 11 A Opposition 1. Pre grant oppositon 2. Post grant opposition Term and date of patent Term of every patent will be 20 years from the date of filing of patent application. Date of patent is the date on which the application for patent is filed.
- 12. BENEFICIERIES OF PATENT GRANT I. PATENTEE • Right to use patented invention in several ways, To develop a buisness to prevent copetation of copying during the term of patent. • Allow others to use it at a price mutually agreed Sell it. II. SOCIETY • Newer,better and cheaper products available to the public As a database for further invention • Freely available technology after expiery of patent
- 13. WHAT RIGHTS DO PATENT BRING? • Patentee gets exclusive rights to his invention • Government gets rights to publish the full invention A negative right • Patentee may exploit the invention • Patentee gets rights to take legal action against the infrigerers.
- 14. PATENT INFORMATION • Information related to inventions disclosed in a patent document Which information does a patent document provide? What is the technology field of the invention? Which technical problem is solveed and how? What is the prior art? Who is the inventor? When and where the application for patent was filled? Name and the address of the inventor..
- 15. IMPORTANCE OF PATENT INFORMATION TO RESEARCHER/INVENTOR IN INDUSTRY/ R & D ORGANIZATION/UNIVERSITY: To avoid duplication of research. To find ready solutions to technical problems in ongoing research. To keep up to date with developments in technology field. To INDUSTRY: To improve existing technology. To increase production. To identify sutaible technologies for adaptation.
- 16. CONT……. TO BUISNESS ENTERPRISES: To identify new products for marketing. To find out patent owners.
- 17. CONTENTS OF PATENT DOCUMENT I. Biological data Numbers & dates Application number & date. Patent number & date. II. Title of inventions. III. Names • Inventor name(s) • Assignee(s) name IV. Abstact of invention. V. Drawings,if any. VI. Complete details of invention. VII. Number of claims by the patentee VIII. Kind & language of publications. IX. Classification codes • International patent classification code • National classification code.
- 18. SAMPLE
- 19. • A patent can expire in the following ways: • A) The patent has lived its full term. • B) The patentee has failed to pay the renewal fee. • C) The validity of the patent has been successfully challenged by an opponent by filing an opposition either with the patent office or with the courts. • As soon as the patent expires anybody can use it without the permission of the original inventor
- 20. REFERENCE • T.T.Lang, intellactual property: patent procedure and requirments of patentability, Parlee McLaws LLP baristores soliscitors. • Guide to patent information for users in India, patent information system, nagpur, 7:27 • http://www.wipo.int/patents/en/ • https://en.wikipedia.org/wiki/Patent • http://www.ipindia.nic.in/patents.htm