1. Patent System In India K.S.Kardam
Assistant Controller of Patents & Designs
Patent Office ,New Delhi -

2. Organisational Chart
Controller General Of Patents, Designs & Trade Marks Ministry Of Commerce & Industry Department Of Industrial Policy And Promotion (DIPP)
Patent Office
Patent Information System
Trademarks Registry
G.I. Registry, Chennai

3. PATENT OFFICE GRANT OF PATENTS AND REGISTRATIONOF DESIGNS CHENNAI
CALCUTTA
NEW DELHI
MUMBAI

4. PATENT INFORMATION SYSTEM
RETRIEVAL AND
DISSEMINATION OF
INFORMATION CONTAINED
IN PATENT DOCUMENTS
IPTI
NAGPUR

5. TRADEMARKS REGISTRY REGISTRATION OF TRADEMARKS UNDER THE TRADE AND
MERCHANDISE MARKS
ACT, 1999
CHENNAI
CALCUTTA
NEW DELHI
AHMEDABAD
MUMBAI

6. What is intellectual property ?
Creation of Human Mind

7. Intellectual Property
Industrial
Copyright
Patents
Designs
Trademarks
Geographical indications

8. Geographical Indications
INDUSTRIAL PROPERTY
Patents
Designs
Trade- Marks
Geographical Indications
Inventions relating to constructional
features
any modification in shape,pattern,
configuration
Word
Name
Logo
Indications of source origin or geography
e.g. Safety Valve,
Mechanism of a PRESSURE COOKER
e.g. shape of a
handle or body portion of a pressure cooker
e.g. for same
Pressure Cooker
“PRESTIGE”
“HAWKINS”
“MAHARAJA”
Darjeeling tea
Kanchipuram sarees
KolhapurI chappals

9. Flair, Reynolds, Cello, luxure etc.
Intellectual Property Rights
PATENT
Design
TRADE MARKS
The RingG-PENTM
Flair, Reynolds, Cello, luxure etc.
© Patent Office ,New Delhi

10. What is PATENT ? A MONOPOLY RIGHT*
GRANTED BY THE CENTRAL GOVT.TO THE APPLICANT (Subjected to certain Conditions)
FOR A LIMITED PERIOD ( 20 Yr)
IN LIEU OF FULL DISCLOSURE OF INVENTION
Negative right
Territorial right
* [Monopoly subsists on expiry of term and disclosure goes in public domain for commercial use]

11. Objectives of Patent System
TO ENCOURAGE INVENTIONS
TO BREED INVENTIONS
TO UPDATE INDUSTRIAL DEVELOPMENT BY WORKING OF PATENTED INVENTIONS ON COMMERCIAL SCALE
AVOIDING REINVENTING WHEEL

12. Advantage of Patenting
Avoids duplication of research
Keeps abreast with latest development in different fields of technology
Helps industry to improve existing technology to produce cheaper & better product
Serves as an indicator of achievements in R & D institutions and ability of individual researcher.
Helps to frame business strategy according to trend of technology

13. Rights of Patentee [Sec 48]
Where the subject matter of patent is product, the exclusive right to prevent third parties from the act of making, using, offering for sale, selling, or importing for those purposes that products in India
Where the subject matter of patent is process, the exclusive right over the act of using that process and the act of using, offering for sale, selling or importing for those purposes the product obtained from that process

14. © Patent Office ,New Delhi
What Can be Patented ?
INVENTION which is a-
New product or process (Novel)
Involving Inventive Step (Non-obvious)
Capable of Industrial Application
Sufficiently Disclosed in the Specification
© Patent Office ,New Delhi

15. Invention should not be
New (Novel)means ?
Invention should not be
Published in India or elsewhere.
In prior public knowledge or prior public use with in India.
Claimed before in any specification in India or elsewhere.

16. Inventive Step means ?
A feature of invention that involves technical advance as compared to existing knowledge or having economic significance or both and
that makes invention
not obvious to a person
skilled in the art

17. Industrial applicable means ?
Invention should be
capable of being made or
used in an industry to result some
tangible technical results

18. Inventions Not Patentable [Sec. 3]
Frivolous & contrary to natural law
Contrary to law, morality or injurious to public health
Use or commercial exploitation is contrary to public order or morality or cause serious prejudice to human,animal or plant life or health or to the environment
Mere discovery of scientific principle or formulation of abstract theory
Discovery of living or non living substances occurring in nature

19. Inventions Not Patentable [Sec. 3]
Mere discovery of new form of known substance which does not result in the enhancement of the known efficacy of that substance or mere discovery of new property or new use of known substance / process/machine/apparatus.
Mere admixtures resulting in the aggregation of properties
Mere arrangement and rearrangement of known devices.
Method of agriculture or horticulture
Process for any medicinal, surgical, curative, prophylactic, diagnostic or therapeutic treatment of human being or animal.

20. Inventions Not Patentable [Sec. 3]
Plant & animals or their parts including seeds,varieties and species and essentially biological process for the production or propagation of plants and animals
A mathematical or business method or a computer programme per se or algorithms
Literary,dramatic,musical or artistic/cinematography works and television productions or any other aesthetic creation.

21. Inventions Not Patentable [Sec. 3]
Scheme or rule or method of performing mental act or method of playing game Presentation of information
Presentation of information
Topography of integrated circuit
Traditional knowledge or aggregation or duplication of known properties of traditionally known components

22. Inventions Not Patentable [Sec. 4]
Inventions falling within the scope of Sec. (1) of Subsec. 20 of Atomic Energy Act, 1962
For Example : Inventions relating to Compounds of
Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as notified by Central Govt. from time to time

23. PRODUCT PATENTS ALLOWED FROM 1.1.2005
DRUG FOOD
COMPOSITIONS 5{1(a)}
CHEMICAL
COMPOSITIONS
INVOLVING
REACTIONS
5{1(b)}
DRUG FOOD
SBSTANCES
5{1(a)}
CHEMICAL
PRODUCT
PER SE5{1(b)}
ALLOYS, OPTICAL GLASSES, SEMICONDUCTORS,
INTERMETALLIC COMP. 5{1(b)}

24. Privileges to Public Patented article or patented process
can be freely used, without the consent of
the patentee, for R&D purposes and
imparting instructions to the pupils

25. A PROCEDURE FROM FILING TO GRANT OF PATENT
FILING OF APPLICATION
if P.S. is filed C.S. to be filed
within 12 months
PUBLICATION OF APPLICATION
after 18 months from P.D.
within 48 months of F.D.
REQUEST FOR EXAMINATION
Pre-Grant Representation
All objections to be completed within12 months
EXAMINATION u/s 12
Refusal of Representation
GRANT OF PATENT

26. A PROCEDURE FROM FILING TO GRANT OF PATENT (Cont.)
Rejection of opposition
POST GRANT OPPOSITION
Decision of
Controller
Appellate
Board
REVOCATION OF PATENT
High Court

27. WHERE TO FILE (jurisdiction)
If THE APPLICANT/FIRST MENTIONED APPLICANT-RESIDES/HAS DOMICILE/HAS PLACE OF BUSINESS/HAS ORIGIN OF INVENTION/HAS SERVICE ADDRESS(in case of foreign applicant) IN
STATES JURISDICTION
NORTHERN PATENT OFFICE DELHI
SOUTHERN PAT. OFFICE CHENNAI
WESTERN PAT. OFFICE MUMBAI
REST OF INDIA PAT. OFF. KOLKATTA

28. Who May File ? The inventor Assignee of the inventor
* The natural person
* The legal entity
The legal representative of the deceased applicant
For PCT int. Application:- the applicant or at least one applicant should be a resident or national of india

29. How to Apply ?
APPLICATION ON FORM –1 with covering letter in the name of controller
SPECIFICATION PROVISIONAL/COMPLETE ON FORM –2
ABSTRACT OF INVENTION
STATEMENT AND UNDERTAKING OF FOREIGN FILING PARTICULARS ON FORM -3- if any
PROOF OF RIGHT—if applicable
DECLARATION OF INVENTORSHIP ON FORM- 5

30. Contd…. CERTIFIED COPIES OF PRIORITY DOCUMENTS- if applicable
POWER OF ATTOERNEY-if applicable
MAY BE LEFT/SENT TO THE APPROPRIATE OFFICE IN HINDI/ENGLISH
MAY BE FILED IN ELECTRONIC FORM WITH ONE COPY ON WHITE PAPER
IF APPLICATION DISCLOSES SEQUENCE LISTING OF NUCLEOTIDES AND/OR AMINO ACIDS,IT SHOULD BE FILED IN ELECTRONIC FORM

31. PROVISIONAL SPECIFICATION
SECURES PRIORITY DATE
MAY BE FILED AS SOON AS PATENTABLE IDEA COMES IN MIND
DISCLOSES ESSENTIAL FEATURES OF INVENTION
PATENT IS GRANTED ON COMPLETE SPECIFICATION ONLY
TIMELIMIT TO FILE C.S.: 12 MONTHS FROM P.S.
PAGES EXCEEDING 30 INCLUDING DRAWING SHEETS ARE 100/400 PER PAGE

32. Content of Complete Specification
Fully and particularly describe the invention and the method of its performing
Should end with claims defining the scope of the invention
Claims should be clear and fairly based on the description
Should relate to A single invention or to A group of inventions linked so as to form A single inventive concept
An abstract* to provide technical information
In case of biological material,the application is completed by depositing the material to an authorised depository institution and by fulfilling certain conditions*

33. Abstract should contain:
TITLE:SHALL DISCLOSE THE SPECIFIC FEATURE OF INVENTION WORDS
CONCISE SUMMERY OF THE SPECIFICATION CONTAINING:
TECHNICAL FIELD OF THE INVENTION
TECHNICAL PROBLEM TO WHICH INVENTION RELATES
SOLUTION TO THE PROBLEM THROUGH THE INVENTION
PRINCIPAL USE OR USES OF THE PROBLEM
FIGURES OF THE DRAWINGS WHICH MAY ACCOMPANY IT FOR PUBLICATION
CHEMICAL FORMULA: if necessary
REFERENCE NUMERALS WITH EACH FEATURE OF THE INVENTION
MAY NOT CONTAIN MORE THAN 150 WORDS

34. Types of Applications Ordinary Applications Convention Application
Patent of Addition Application
Divisional Applications
PCT International Phase Application
PCT National Phase Application

35. EFFECTS OF PUBLICATION
Gives opportunity to public for representation/pre-grant opposition
Determines fact of the application such as priority
Invention becomes prior art
No other can file similar application for patent
Interested parties may contact applicant
Increases credibility of patent granted
[ For not publishing: a request on plain paper within 15 months from priority date]

36. DISCLOSURE OF BIOLOGICAL MATERIAL NOT SUFFICIENT TRADITIONAL KNOWLEDGE
PUBLICLY KNOWN OR
USED IN INDIA
DISCLOSURE OF BIOLOGICAL
MATERIAL NOT SUFFICIENT
WRONGFUL
OBTAINING
LACKING
INVENTIVENESS
PRIOR
PUBLICATION
APPLICATION NOT FILED
WITHIN 12 MONTHS
FROM F.D. IN CON. COUNTRY
GROUNDS OF
OPPOSITION
POST PRIORITY
PUBLICATION
BUT PRIOR CLAIMING
NOT
PATENTABLE
U/S 2[1{J}], 3, 4, 5
INFORMATION
REGARDING FOREIGN
FILING NOT FILED
INSUFFICIENCY OF
DISCLOSURE
TRADITIONAL KNOWLEDGE
OF INDIA OR ELSEWHERE

37. DUTIES OF PATENTEE Maintenance of the patent Pay renewal fees
Every year till the end of the term
Time limit: before end of the preceeding year ( 6 months extn. Available )
Working of the patents:
Inventions are to be worked in India on commercial scale
Failing which compulsory licence may be issued

38. THE FEE SCHEDULE RENEWAL FEES 3rd to 6th Year(per year)
On what payable
Prov./Comp spec.
PAGES EXCEEDING 30
CLAIMS EXCEEDING 10
*Request for extension of time
REQUEST FOR EARLY PUBLICATION
Request for Examination
EXPRESS REQUEST FOR EXAMN.
*Change of Applicant
*Notice of Opposition *Certified Copy\Certificate
*On a petition
*Restoration of lapsed patent
Form 2 - 4 9 18 6 7 -- 15
Individual
1000
100
200
1000/2000/3000
2500
3500
1500
Company
4000
400
800
4000/8000/1200
10000
14000
2000
6000
RENEWAL FEES
3rd to 6th Year(per year)
6th to 10th Year—do--
11th to 15th Year---do---
16th to 20th year----do---
500
3000
5000
12000
20000

39. Amendments to the Patents Act 1970

40. The Patents (Amendments) Act 1999
To provide the provisions for receiving the applications for the product patent (mail box)
Provisions for the grant of EMRs
Deletion of sec.39

41. The Patents (Amendments) Act 2002
Uniform 20 years term of patent for all inventions
Scope or non-patentable inventions including traditional knowledge enlarged
Publication of all applications after 18 months
Deferred examination system
Disclosure of source and geographical origin of biological material made compulsory
Non-disclosure or wrongful disclosure of source and geographical origin of biological material made ground for opposition and revocation

42. The Patents (Amendments) Act 2002 (Cont)
Anticipation by traditional knowledge ,oral or otherwise also made ground for opposition and revocation
Reversal of burden of proof
Bolar provisions
Parallel importation
Establishment of appellate board
Compulsory license provisions strengthened
Simplification of procedures
Harmonization with PCT provisions

43. The Patents (Amendments) Act 2005
Product patent for inventions in all fields of technology
Definitions of certain terms redefined
In order to prevent ever-greening of patent new forms of known substance, excluded
Rationalization of opposition procedure-introduction of pre-grant representation and post – grant opposition
Provisional protection from the date of publication

44. The Patents (Amendments) Act 2005 (Cont)
Patent right to accrue from the date of grant in case of applications filed u/s 5(2) and no infringement proceedings shall be instituted but patentee entitled to receive reasonable royalty
Compulsory license for export purpose also if need be
Compulsory license for manufacture and export of pharmaceutical products to any country having insufficient or no manufacturing capacity

45. The Patents (Amendments) Act 2005 (Cont)
Parellel import from anywhere
Strengthening of security provisions
Harmonization with PCT
Rationalization and simplification of procedure
Sealing request dispensed with, increase in the grace period from 6 to 12 months
Early publication and examination. publication in patent office journal

46. THANKS