patent what is patent? what we can patent? how one write and file the patent. what is the role of...

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Patent • What is Patent? • What we can patent? • How one write and file the Patent. • What is the Role of Patent Office in granting the Patent? • Why to go for patent? • Future after granting Patent. www.ipindia.nic.in

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Page 1: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

Patent

• What is Patent?• What we can patent?• How one write and file the Patent.• What is the Role of Patent Office in granting

the Patent?• Why to go for patent?• Future after granting Patent.

Page 2: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

Patent Intellectual Property Rights[IPR]

What is Patent? •It is the Intellectual Property Rights which are to be protected by the Inventor.

Page 3: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

Intellectual Property comes from The Knowledge Canopy

• Access• Generate• Create

• Knowledge• Own• Apply• Protect• Trade

Page 4: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

What We can Patent or Protect?• Products• IdeasWhat “Product” includes? • Innovative circuit, Parts for Machines, Tools etc.• Modification in existing Circuits• Layout designs for integrated circuits • Integrated circuits• Novelty searches • Technology • Methodology

Page 5: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

What “Idea” includes?• Characterizations Technique• Improvements in Processes• Extension of Applications of Device• Projects • Thought Experiments• Methods• Materials • Short cuts in Technology and improvements

etc

Page 6: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

Contents and filing the Patent Essential Components of a Patent Specification

Provisional / Complete Specifications of Patent• Name: _________________________• Address: College / Inventor(s)• Title of Patent:______________• Field of Invention: Science/ Engineering etc• Type: Idea/Product• Background: 100-300 words (Why going for

this)

Page 7: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

• Invention: Includes brief idea/Principle of the idea/product • Brief Description of the Drawing • Detail Description of Patent (Experimentation, method,

techniques, alteration as per the claims ets)

• Drawing (Schematic)• Claim(s)• Abstract: 50-100 words (Contents and

Utilization)* Prior Art is essential before filing the

Patent

Page 8: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

What includes Prior Art

Prior Art- Knowledge of existing in public domain• Published Materials• Public Use• Traditional Knowledge• Literature Survey • Demand similar Patent from patent office for

comparison

Page 9: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

What is the Role of Patent Office in granting the Patent?

• On receiving patent, it is categories according to its contents an a number id given to it and it will be acknowledged. ( One can find the status of the patent from the website)

• They do prior art for the patent• Published in their Journal (Open for public on

paying money)• You have to go for “Request for Examination”

by filing form (Form -18 and fees for it)

Page 10: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

The Examination report will includes:• Some technical quarries with reference to

some product which similar to you product.• In that that case you can compare both and

change your details accordingly. • For comparison the reference is available in

the examination report.• Legal Aspects: For this one can take the help

of Patent Attorney and answer the quarries.

Page 11: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

• Once the examination report is answered then it the last step in getting the patent, where you have to go to patent office at Mumbai and defend you Patent in front of the member(s) of the examination committee.

• Total time required to award on patent by Patent office is around 5 years.

• In fast track it may take 3 years(Member can be any one who has passed the examination conducted by Patent office) .

Page 12: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

Patent Forms

Form-1 Application for Grant of PatentForm-2 Provisional/ Complete SpecificationForm-3 Statement and Undertaking under section-8

Page 13: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

Form-1 Contents

• Applicant(S) : Natural Person / Company / Industry

• Inventor(s): Name(s)• Title of Invention: ________________• Each from is to be signed by First inventor or

Principal (Stamp is necessary).• Patent is to be filed in India so no need of

including other details.

Page 14: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

Form-2 and 3 Contents

• Provisional / complete specification of Patent

The details are to be attached as per the sequence discussed before.

•Statement and Undertaking

Page 15: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

Why to go for patent?

• It is the opportunity that one can tap and get into the Entrepreneurship.

• It may add to your Academic progress.• If the product or idea is really innovative it can

be useful for the betterment of mankind.• If you materialized your patent by involving

your family members , it can add to their CV and helps them in building the carrier.

Page 16: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

• If some idea clicks to your mind and very much appealing, it can payback to you for life long

• It can be a passion for some one.“Increasing the observation capacity and discussing the things across the table can generate good ideas” .“I always fill that, we can give a though for the betterment of the next generation at least by filing one patent on their name and involving them in it”.

Page 17: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

Platform for Patent sale• The product or idea you are patenting may be

related to some product or some appliances. In such case you can directly approach that company and deal with them.

• You can take part in some expo and demonstrate your product.

• If it is industry based product you can request them to use it and get the test result.

Page 18: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

• For Home appliance products you can advertise it and market it by defining share with the marketing friends.

• Sometime opportunity can come to you.• One can start some side business with the

product that you have patented.Last but not the Least : Patenting in India, how

much it is valued from market point of view? “I will it is say zero”. But even then taking the

ownership of invention product is our right”

Page 19: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

Fees Structure

• Please visit web site• www.ipindia.nic.in-Patent-Fees

Page 20: Patent What is Patent? What we can patent? How one write and file the Patent. What is the Role of Patent Office in granting the Patent? Why to go for patent?

www.ipindia.nic.in

With good hopes

Thanks

ToThe Controller of PatentThe Patent Division Bouddhik Sampada,Besided Antop Hill Post Office, S.M. Road, Antop Hill Mumbai-400037, India