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Patent Writing: From Basic Till Filing Amit Kumar Baghel Department of Electronics and Electrical Engineering IIT Guwahati 23 rd March 2018 Patent Writing: From Basic Till Filing IIT Guwahati 1/19

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Page 1: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Patent Writing: From Basic Till Filing

Amit Kumar Baghel

Department of Electronics and Electrical EngineeringIIT Guwahati

23rd March 2018

Patent Writing: From Basic Till Filing IIT Guwahati 1/19

Page 2: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Overview

Introduction to patent

Importance of patent writing

Contents of patent writing

Different forms and fees structure

Steps wise procedure to file a patent application through IITG Researchand Development section

Patent resources

About Gandhian Young Technological Innovation (GYTI) Awards 2018

Patent Writing: From Basic Till Filing IIT Guwahati 2/19

Page 3: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Importance of patent writing

Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332patents.

Edition was a businessman, protected his innovations.

Exclusive rights.

Higher returns on investments.

Opportunity to license or sell the invention.

Patent Writing: From Basic Till Filing IIT Guwahati 3/19

Page 4: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Contents of patent writing

TitleShall be brief, free from fancy expressions or ambiguity and as preciseand definite as possible.

Not exceeding 15 words.

Field of inventionShould tell the advantages of the invention.

Provide evidence to support industrial applicability.

Background of the invention/Prior artSame as literature survey.

Describe the invention, by clearly distinguishing it from such a closestprior art.

Objects of inventionShall clearly mention the technical problems associated with the existingtechnology and the solution for that.

Bringing out the differences between the claimed invention and the priorart.

Patent Writing: From Basic Till Filing IIT Guwahati 4/19

Page 5: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Cont...

Summary of the inventionShould include a summary of invention before giving the details ofinvention and the method of performing it.

Brief description of drawingWhat different figures tells about the innovation. For ex. ” Figure.1 is the3D moel of the proposed”.

Detailed description of the inventionDescription of an invention is required to be furnished with sufficientdetail so as to give a complete picture of the invention.

Bullet points and to be precise.

ClaimsVery important part of the patent writing.

Claim is a statement of technical facts expressed in legal terms definingthe scope of the invention sought to be protected.

What is not claimed in the “claims” stand disclaimed and is open topublic use, even if the matter is disclosed in the description.

Patent Writing: From Basic Till Filing IIT Guwahati 5/19

Page 6: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Cont...

FiguresShall be on A4 size sheets with a clear margin of at least 4 cm on topand left hand and 3 cm at the bottom and right hand of every sheet.

Dimensions shall not be marked on the drawing.

Drawings shall be sequentially or systematically numbered at the righthand bottom corner.

AbstractAbstract should not be more than 150 words. It should tell whichtechnical field the innovation belongs, technical problem to which theinvention relates and the solution to the problems.

It should also tell the end users of the innovation.

Patent Writing: From Basic Till Filing IIT Guwahati 6/19

Page 7: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Different Forms

APPLICATION FOR GRANT OF PATENT

Figure: Form 1.

Patent Writing: From Basic Till Filing IIT Guwahati 7/19

Page 8: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Cont...

COMPLETE SPECIFICATION

Figure: Form 2.

Patent Writing: From Basic Till Filing IIT Guwahati 8/19

Page 9: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Cont...

STATEMENT AND UNDERTAKING UNDER SECTION 8

Figure: Form 3.

Patent Writing: From Basic Till Filing IIT Guwahati 9/19

Page 10: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Cont...

DECLARATION AS TO INVENTORSHIP

Figure: Form 5.

Patent Writing: From Basic Till Filing IIT Guwahati 10/19

Page 11: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Cont...

REQUEST FOR PUBLICATION

Figure: Form 9.

Patent Writing: From Basic Till Filing IIT Guwahati 11/19

Page 12: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Cont...

REQUEST/ EXPRESS REQUEST FOR EXAMINATION OF APPLICATIONFOR PATENT

Figure: Form 18A.

Patent Writing: From Basic Till Filing IIT Guwahati 12/19

Page 13: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Fees

Table: 1.THE FIRST SCHEDULE

On what payable For physical filingForm 1 1750

Request for publication 2750Per claim more than 10 350

For each sheet of specification in addition to 30 180Request for examination of application for patent-18(i) 4400

Patent Writing: From Basic Till Filing IIT Guwahati 13/19

Page 14: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Steps wise procedure to file a patent application through IITG Researchand development section

Figure: Flow chart.

Patent Writing: From Basic Till Filing IIT Guwahati 14/19

Page 15: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Patent resources

The patent search portal ”https://worldwide.espacenet.com/”.

Indian patent ”http://www.ipindia.nic.in/”.

Afte the submission of the patent, you can search for your publishedpatent after every week. The Indian patent office publishes its journalevery week.

You can search for your invention. The invention files will also beuploaded on the Indian patent website.

Patent Writing: From Basic Till Filing IIT Guwahati 15/19

Page 16: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

About Gandhian Young Technological Innovation awards 2018

More than 3000 + projects were submitted.

23 projects were selected for BIRAC-GYTI and GYTI awards 2018 andpresented by president of India in Rastrapati Bhavan Cultural Center.

28 project were selected for GYTI appreciation presented by Dr. HarshVardhan.

Figure: Award given by Honorable PoI

Patent Writing: From Basic Till Filing IIT Guwahati 16/19

Page 17: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

Cont...

Figure: SRISTI website (http://www.sristi.org/cms/).

Patent Writing: From Basic Till Filing IIT Guwahati 17/19

Page 18: Patent Writing: From Basic Till Filing · Nicolas Tesla has 300 patents and Thomas Alva Edition has 2332 patents. Edition was a businessman, protected his innovations. Exclusive rights

References

1 https://en.wikipedia.org/wiki/Patent.

2 https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr01423.html.

Patent Writing: From Basic Till Filing IIT Guwahati 18/19

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