Presentation on theme: "WELCOME TO ALL DELEGATES N.Ramchander, EXAMINER OF PATENTS AND DESIGNS Patent Office, Mumbai Govt. of India WELCOME TO ALL DELEGATES By N.Ramchander,"— Presentation transcript:
WELCOME TO ALL DELEGATES N.Ramchander, EXAMINER OF PATENTS AND DESIGNS Patent Office, Mumbai Govt. of India WELCOME TO ALL DELEGATES By N.Ramchander, EXAMINER OF PATENTS AND DESIGNS Patent Office, Mumbai Govt. of India
Organizational Chart CONTROLLER GENERAL Organizational Chart CONTROLLER GENERAL OF PATENTS,DESIGNS, TRADE MARKS AND GI, M/O.INDUSTRY AND COMMERCE GRANT OF PATENTS AND REGISTRATION OF DESIGNS DOCUMENTATION INCLUDING RERIEVAL AND TDISSEMINATION OF INFORMATION CONTAINED IN PATENT DOCUMENTS REGISTRATION OF TRADE MARKS PATENT OFFICE PATENT INFORMATION SYSTEM TRADE MARKS REGISTRY CALCUTTA NEW DELHI MADRAS MUMBAI NAGPUR AHMEDABAD CALCUTTA MADRAS MUMBAI
The Patent Office, Todi Estate, 3rd Floor, Sun Mill Compound, Lower Parel (West), Mumbai – , Ph. No , Fax No Web site:
Type of Intellectual Property Rights Patents Industrial Designs Trademarks Geographical Indications Copyright and Related Rights Layout-Designs (Topographies) of Integrated Circuits Protection of undisclosed Information Control of Anti-Competitive Practices in Contractual Licenses
WORD NAME LOGO Is register able e.g. for same Pressure Cooker “PRESTIGE” “HAWKINS” “MAHARAJA” Any modification in SHAPE PATTERN CONFIGURATION e.g. Shape of a HANDLE or BODY PORTION of a Pressure Cooker Inventions relating to CONSTRUCTIONAL FEATURES e.g. Safety Valve Mechanism of a PRESSURE COOKER TRADE MARKSDESIGNSPATENTS INDUSTRIAL PROPERTY GEOGRAPHICAL INDICATIONS : Which is a Notice stating that a given product originates in a given geographical area, e.g. Oranges from NAGPUR
What rights a Patent confers on the patentee If the patent is for a product :- - the right to prevent others from - making - using - offering for sale - selling - importing the patented product
If the patent is for a process :- - the right to prevent others from - using the process - offering for sale the product using the process - selling the product using the process - importing the product using the process What rights a Patent confers on the patentee
Are Patents Necessary ? Patents provide incentives to individuals by offering them recognition for their creativity and material reward for their marketable inventions. These incentives encourage innovation which assures the quality of human life is continuously enhanced.
What is Invention Under Section 2(1)(j) “Invention” means a new product or process involving an inventive step and capable of industrial application; “inventive step” means a feature that makes the invention not obvious to a person skilled in the art; “capable of industrial application”, in relation to an invention, means that the invention is capable of being made or used in an industry.
Non Patentable Inventions [Under Section 3] a) An invention which is frivolous or which claims anything obvious contrary to well established natural laws; eg. like perpetual motion machine giving output without input. b)an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment; eg:- an apparatus for gambling or burgling or food- adulteration. c)the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living things or non-living substance occurring in nature; eg:- mathematical formula of Einstein theory.
d)the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant; eg:- Shoe polish, paracetamol e)a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance; Eg:- paracetamol+ibuprofen, sugar+color f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; eg:- bucket+torch+clock+transistor in a single cabinet.
g) Deleted in new Act h) a method of agriculture or horticulture; i)any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products; eg: method of treating malignant tumor cells.
j)Plants or animals in whole or any part thereof other than micro-organisms, but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals. k)Mathematical or business method or computer program per se, algorithms. l)A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions. m)A mere scheme or rule or method of performing mental act or method of playing games. n)Presentation of information o)Topography of integrated circuits;
p) an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components’.
Atomic Energy Related Inventions Not Patentable ( Under Section 4) No patent shall be granted in respect of an invention relating to Atomic energy falling within sub section (1) of section 20 of the Atomic Energy Act, e.g. Inventions relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as notified by Central Government from time to time.
WHAT IS INVETION ? IT MEANS : A new product or process involving an inventive step and capable of industrial application. Here, Inventive step means : a feature that makes the invention not obvious to a person skilled in the art.
INVENTION “ CAPABLE OF INDUSTRIAL APPLICATION ” INVENTION SHALL BE SUSCEPTIBLE OF INDUSTRIAL APPLICATION IF IT CAN BE USED IN ANY KIND OF INDUSTRY. INVENTION MUST RELATE TO A TECHNICAL FIELD & SHOULD INVOLVE A SOLUTION TO A TECHNICAL PROBLEM. THUS, TECHNICAL FEATURES OF THE INVENTION SHOULD BE CLAIMED IN CLAIMS.
Type s of Patent Applications 1.Ordinary application(sec. 9 & 10) (i) application with provisional specification (ii) application with complete specification 2. Convention application (sec. 10 & 135) 3.PCT National Phase Application (Rule 20) 4.PCT international Application.
CONTENTS OF PATENT APPLICATION Complete Specification Application on FORM 1 & Fees Drawings Abstract of Invention Provisional Specification to be followed by Complete Specification contains Declaration of Inventor ship on FORM 5 Information & Undertaking of Foreign Filings as required u/s 8 Title of Invention Object of the invention Field of invention Back ground / prior art Description w.r.t. Drawings or Examples Protection Claimed in Claims
PROVISIONAL SPECIFICATION SHOULD CONTAIN THE DESCRIPTION OF THE ESSENTIAL FEATURES OF THE INVENTION NO NEED TO INCLUDE CLAIMS & DETAILS OF THE MANNER OF PERFORMING INVENTION
Sr. No. On what payableFrom No. Natural Person(s) Fees for other than natural Person(s) 1Application for Patent Sheets/Claims 1Rs. 1000/- Rs.100/200 Rs. 4000/- Rs.400/800/- 2Examination Request18Rs. 2500/-Rs /- 3Early Publication Request u/s 11(A)(2) 9Rs. 2500/-Rs /- Indian Patent Applications Fees
Filing a Patent Application in INDIA Filing of patent application on Form-1 With Complete Specification With Pro. Specification Early publication Request Filing Complete Within 12Months after Provisional Publi shed NO Application ABANDONED REQUEST for EXAMINATION on Form-18 Within 36 mths of filing application. FEES:Natural Person/s Rs.1000/- Otherwise Rs.4000/- FEES: Natural Person/s Rs.2500/- Otherwise Rs.10000/- EXAMINATION F.E.R. Issued. 18 M
F.E.R. ISSUED Re-filing Amended Documents to comply with requirements. Re-Examination of Amended Docs./Hearing s. Further Objections by the Examiner All requirements are met within 6+3 months from issue of F.E.R. Not met Within 6+3 mths. ABANDONED Patent Granted
Further Objections by the Examiner All requits. met in 6+(3) Mns of FER. Patent Granted If no opposition Hearing by ControllerRefused Appeal in High Court RefusedAllowed Opposition Pre grant opposn within 3 months from publication Post Grant Opposition u/s 25( 12 Mn from Date of Publication Hearing by the Controller ABANDONED Amended in Order Opposition Allowed Appeal to High Court Opposition Dismissed Appeal Allowed
PATENT GRANT RENEWAL FEES DEMAND FEES STRUCTURE NATURAL PERSON/S OTHER THAN NATURAL PERSON/S 2nd –5 th YEAR 6th -9 th YEAR 10 th -14 th YEAR 15 th -20 th YEAR Rs.500/- Rs.1,500/- Rs.3000/- Rs.5000/- Rs.2000/- Rs.6000/- Rs.12000/- Rs.20000/-