typesofpatents-111011053928-phpapp02.ppt

SUCHITRA BAI
Patent Department
Altacit Global, Chennai

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/her
invention, for excluding others, from making, using,
selling, importing the patented product or process
producing that product for those purposes.

 Encourage scientific research, new technology
and industrial process
 Grant of exclusive monopoly rights
 Stimulate new inventions
 Pass the invention into public domain for new
advancement of technology

 Novelty: The matter disclosed in the specification is not
published in India or elsewhere before the date of filing
of the patent application in India.
 Inventive Step: The invention is not obvious to a
person skilled in the art in the light of the prior
publication/knowledge/ document.
 Industrially applicable: Invention should possess
utility, so that it can be made or used in an industry.

 The Patent System in India is governed by the
Patents Act, 1970 (No. 39 of 1970) as amended
by the Patents (Amendment) Act, 2005
 The Patents Rules, 2003, as amended by the
Patents (Amendment) Rules 2006

a) Ordinary Application [Provisional Specification and
Complete Specification]
b) Application for Patent of Addition (granted for
Improvement or Modification of the already patented
invention, for an unexpired term of the main patent).
c) Divisional Application (in case of plurality of inventions
disclosed in the main application).
d) Convention application , claiming priority date on the
basis of filing in Convention Countries.
e) National Phase Application under PCT.

 Title of Invention
 Preamble of the Invention
 Field of Invention
 Background Art
 Objects of the Invention
 Summary of the Invention
 Description of the Invention

 Secures Priority Date
 12 months time to develop invention, analyze
the market potential and scope of
commercialization of the Invention.
 Abandon

 Title of the Invention
 Preamble of the Invention
 Field of the Invention
 Background Art
 Objects of the Invention
 Summary of the Invention
 Brief description of the Invention
 Detailed description of the Invention
 Claims
 Abstract

A specification in respect of a patent of addition is
filed Shall contain a specific reference to the number
of the main patent, or the application for the main
patent, as the case may be, and a definite statement
that the invention comprises an improvement in, or
a modification of, the invention claimed in the
specification of the main patent granted or applied
for.

A specification in respect of a divisional application
shall contain specific reference to the number of the
original application from which the divisional
application is made.

 The Paris convention contains the basic rules for the
international protection of Patents.
 The Paris Convention for the Protection of Industrial
Property, signed in Paris, France, on March 20, 1883, was
one of the first intellectual property treaties. As a result of
this treaty, intellectual property, for Patents, of any
contracting state are accessible to the nationals of other
states party to the Convention.
 The "Convention ‘priority right’, also called "Paris
Convention priority right" or "Union priority right", was
also established by this treaty. It provides that an applicant
from one contracting State shall be able to use its first filing
date (in one of the contracting State) as the effective filing
date in another contracting State, provided that the
applicant files another Patent application within 12 months
from the first filing.

 National Treatment [The Convention provides each of the
contracting states must grant the same protection in respect of
industrial property to nationals of other contracting states as it
grants to its own nationals]
 Right of Priority [Any applicant who has filed an application in
any of the contracting states may apply for protection in any of the
other contacting states within 12 months from the date of priority.
 Common Law Rules [(a) Patents granted in different contracting
states is independent of each other, (b) One contracting state does
not oblige the other contracting state to grant a patent, (c) A patent
cannot be refused, annulled or terminated in any contracting state
on the ground that it was refused, annulled or terminated in any
other contracting state].

 Unified procedure for filing Patent application
 Administered by WIPO
- one set of formality requirements
- international search
- international publication
- international preliminary examination
- international application can be put in order
- enter National phase at 30 months

Filing Application with relevant office.
Filing of Complete Specification if
Provisional
filed in first instance
Publication of Application
Filing of Request for Examination
Response to the Request for Examination
Receipt of Intimation of Grant
Registration Certificate
Payment of Renewal fees
Filing Form 27

typesofpatents-111011053928-phpapp02.ppt

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