Information/Awareness on Patent

Index
What is Patent What can be Patented Utility Model Non-Patentable Inventions Applying for a Patent Stages Involved in grant of Patent Duration of a Patent Patent Expiry References/Source

Patent

A patent is an exclusive right for a limited period of time

granted by the Government to the patentee, subject to his full disclosure of the invention.

(Source: http://ipindia.nic.in/ipr/patent/patents.htm)

What can be patented ?

Any process for product, which is new, non-obvious and

capable of industrial application . it includes manufacturing methods, processes, Machines, products or their Improvements. with the public either in the form of published literature or in the form of public knowledge. specifically declared as non-patentable.

A patent is not granted if the invention is already available

However; the invention must not belong to the categories

Non-Patentable Inventions

An invention which is frivolous or contrary to well established natural laws. An invention contrary to law or morality or injurious to public health; The mere discovery of a scientific principal or the formulation or discovery of any living thing or non living thing occurring in nature; The mere discovery of any new property or new use for a known substance; A substance obtained by a mere admixture; The mere arrangement or re-arrangement or duplication of know devices; A method or process of testing; A method of agriculture or horticulture; Any process for the treatment of animals or plants; Plants & animals in whole or any parts thereof; including essentially biological process for production or propagation of plants & animals. A business method or computer program; Musical, artistic or aesthetic work; A mere scheme or rule or method of performing mental act or method of playing game; A presentation of information; Topography of integrated circuits; An invention which in effect is traditional knowledge; The inventions related to the substances useful in producing atomic energy.

UTILITY MODELS
In a number of countries protection may be obtained for UTILITY MODELS.

Utility model is merely a name given to certain inventions, namelyaccording to the laws of most countries which contain provisions on utility modelsinventions in the mechanical field. This is why the objects of utility models are sometimes described as devices or useful objects.
Utility models differ from inventions for which patents for invention are available mainly in two respects:
The technological progress required is smaller than the technological progress (inventive step)

required in the case of an invention for which a patent for invention is available.

The maximum term of protection provided in the law for a utility model is generally much shorter

than the maximum term of protection provided in the law for an invention for which a patent for invention is available.

The document that the inventor receives in the case of a utility model may be called, and in several countries is called, a Patent. If it is called a patent, one must, in order to distinguish it from Patents for Invention, always specify that it is a PATENT FOR UTILITY MODEL.

Applying for Patent

An inventor or his assignee alone or along with other

can file an application for a patent with the appropriate patent office in the stipulated forms accompanied by the provisional or complete specification.

Stages involved in grant of Patent

After filing the application for the grant of patent, a request for examination is required

to be made by the applicant or by third party and thereafter it is taken up for examination by the Patent office.

Usually, the First Examination Report is issued and the applicant is given an opportunity

to correct the deficiencies in order to meet the objections raised in the said report. his application would be treated as deemed to have been abandoned.

The applicant must comply with the requirements within the prescribed time otherwise

When all the requirements are met, the patent is granted and notified in the Patent office Journal. can make a representation for pre-grant opposition.

However before the grant of patent and after the publication of application, any person

On-line Filing of Patent

Online application is available on the website of

Patent Office i.e. www.ipindia.nic.in

Duration of Patent

Term of every patent in India is 20 years from the

date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.

However, in case of applications filed under PCT the

term of 20 years begins from International filing date.

Patent Expires

A Patent shall expire if it has lived its full term, or is

not renewed, or revoked.

References:
http://www.wipo.int/patentscope/en/ http://ipindia.nic.in/ipr/patent/patents.htm http://ipindia.nic.in/ipr/patent/PCTApplication_09February2011.pdf http://ipindia.nic.in/PatentOfficeProcedure/PatentOfficeProcedure_2

009.pdf

http://ipindia.nic.in/ipr/patent/patents.htm- Frequently asked

questions

http://ipindia.nic.in/ipr/patent/patents.htm- Forms & Fees http://www.nrdcindia.com/ipr.htm

Thank You