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- 2. Governing Laws in India for IPR as follows 1. Patent Act 1970 2. Trade Marks Act 1999 3. Copyright Act 1957 4. Design Act 2000 5. Geographical Indication of Goods (Registration and Protection) Act 1999 6. Plant Variety and Farmers Right Protection Act 2001 2
- 3. What is Patent ? A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes. 3
- 4. Essentials of Patent Patents granted for an invention INVENTION means a product or process which is - – New (Novel) – Involving Inventive Step (Non-obvious) – Utility Capable of Industrial Application 4
- 5. Patent Administration in India A patent application can be filed at any of the four patent offices in India. Four branches: Kolkata (Head office) Mumbai Delhi Chennai 5
- 6. Who can file Patent Application in India…? Either alone or jointly: By any person claiming to be true and first inventor(s). By any person being the assignee of person claiming to be true and first inventor(s). By the legal representative of any deceased person who can immediately after his death is entitled to make such application. 6
- 7. Types of Applications Ordinary Applications Convention Application Patent of Addition Application Divisional Applications PCT Application 7
- 8. The patent application passes through the following stages A. Filing B. Publication C. Examination D. Opposition E. Grant 8
- 9. Patent Grant Procedure Filing of patent application Early Publication Publication after 18 months Pre Grant Opposition Request for examination Examination: Grant or Refusal Publication of Grant of patent Post Grant Opposition to grant of patent Decision By Controller 9
- 10. Filing of the Patent Application Application for patent can be filed only on the payment of full fee. Filing fee is charged on the basis of number of pages and number of claims made in the patent document. No extra fee is charged up to 30 pages and 10 claims. Power of attorney-if applicable. Application, Specification and other documents should be either in Hindi or English language. If application discloses sequence listing of nucleotides and/or amino acids, it should be filed in electronic form. 10
- 11. No. Action Limits, conditions and timelines Official Fees Individual Legal entity 1. Filing of patent application along with provisional/ complete specification For maximum number of pages 30 and maximum number of claims 10 Rs. 1,000/- Rs. 4,000/- For each additional sheet Rs. 100/- Rs. 400/- For each additional claim Rs. 200/- Rs. 800/- 2. Request for examination of patent Rs. 2,500/- Rs. 10,000/- 3. Request for early publication Rs. 2,500/- Rs. 10,000/- 4. Renewal fee (every year) 2nd year to 6th year Rs. 500/- Rs. 2,000/- 7th year to 10th year Rs. 1,500/- Rs. 6,000/- 11th year to 15th year Rs. 3,000/- Rs. 12,000/- 16th year to 20th year Rs. 5,000/- Rs. 20,000/- Some imp. fees for filing a patent application in India 11
- 13. Requirements for documents All documents & copies of document, except affidavits & drawings sent to the patent office or otherwise furnished to the Controller shall be written, typewritten or printed in English language (unless otherwise directed or allowed by the controller) in legible character size, with lines widely spaced upon one side only on strong white paper. The size of paper should be A4 size with a margin of 4cm on the top and 3cm on the bottom and right hand part thereof. 13
- 14. Publication of Patent Application Every application shall be published after expiry of 18 months from the date of filing or date of priority of the application except the following, – Application in which secrecy direction is imposed or – Has been withdrawn before 3 months prior to expiry of 18 months. However the applicant can make request for early publication prior to 18 months on form 9 with prescribed fee of Rs.2500 or Rs.10000 by individual or legal entity respectively. 14
- 15. Filing of Request For Examination A request for examination can be filed in form 19 only within 48 months from the priority date or filing date whichever is earlier. Grant of patent A patent will be granted to the applicant if - – The applicant has complied with the objections within the prescribed time. – No pre-grant opposition by representation is filed. – If filed, disposed of in favour of the applicant within the prescribed time. Patent will be granted and sealed with seal of office and notified in the official journal . 15
- 16. No. Provisional Specification (P.S.) Complete Specification (C.S.) 1 Should be filed as soon as inventive idea comes in mind Necessary to get a patent 2 Should describe the nature of invention & contain the description of essential features of the invention Should describe the nature of invention and the details of the manner in which it is to be performed 3 No need to include claims Must have claims 16 Types of Specifications
- 17. Content of Provisional Specification Title Written description Drawings, if necessary Sample or model if required. 17
- 18. Advantages of Provisional Specification Priority for invention Get extra time for further developments Disclose to interested person to obtain financial support Explore commercial feasibility Avoid further expenses if no commercial feasibility 18
- 19. Content of Complete Specification Title of the invention Field & background of the invention Use of the invention Prior art in the said field of invention & its drawback(s) Comparison between prior art & present invention Object (aim) of the present invention Summary of the present invention Statement of the invention Detailed description of the invention w.r.t. drawings, if any Working examples for best method of the invention Claims for legal monopoly 19
- 20. Offences and Penalties No. Offences Penalties 1. Violation of provision relating to certain inventions. Imprisonment upto 2 years, or fine, or both. 2. Falsification of entries on register etc. Imprisonment upto 2 years, or fine, or both 3. Unauthorized claim of patent rights. Fine upto Rs. 500/- 4. Wrongful use of words “patent office” Imprisonment upto 6 months, or fine, or both. 5. Failure to supply information to the Central Government or the Controller. Fine upto Rs. 1,000/- 6. Supply of false or untrue information. Imprisonment upto 6 months, or fine, or both. 7. Practice by non-registered patent agents. First offence-fine upto Rs. 500/- second or subsequent offence fine upto Rs. 2,000/- 20
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