PATENT Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India.

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Presentation transcript:

PATENT Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

What is Intellectual property? Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

INTELLECTUAL PROPERTY INDUSTRIAL PROPERTY COPYRIGHT PATENTS,INDUSTRIAL DESIGN,GRAPHICAL INDICATION,TRADEMARK Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

INTELLECTUAL PROPERTY RIGHTS IPR Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

INTELLECTUAL PROPERTY RIGHTS PATENT IPR Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

INTELLECTUAL PROPERTY RIGHTS PATENT IPR TRADEMARK Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

INTELLECTUAL PROPERTY RIGHTS PATENT IPR TRADEMARK COPYRIGHT Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

INTELLECTUAL PROPERTY RIGHTS PATENT IPR TRADE SECRET TRADEMARK COPYRIGHT Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

INTELLECTUAL PROPERTY RIGHTS PATENT IPR TRADE SECRET TRADEMARK COPYRIGHT Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

What is Patent? Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Creation of human mind needs to be protected Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

What kind of inventions can be protected? Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

It must be of practical use An invention must, in general, fulfill the following conditions for grant of patent. It must be of practical use It must show an element of novelty, that is, some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called "prior art". The invention must show an inventive step which could not be deduced by a person with average knowledge of the technical field. Finally, its subject matter must be accepted as "patentable" under law. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

A contract with the government You give the public an invention they have never seen before. The government gives you a limited monopoly(The PATENT) A contract with the government Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Who grants patents? National patent office Regional office that does the work for a number of countries, such as the European Patent Office African Regional Industrial Property Organization. Under such regional systems, an applicant requests protection for the invention in one or more countries, and each country decides as to whether to offer patent protection within its borders. The WIPO-administered Patent Cooperation Treaty (PCT) provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries. Through WIPO, an applicant seeking protection may file one application and request protection in as many signatory states as needed. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Patentable Subject Matter Anything man-made. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Patentable Subject Matter Articles of manufacture. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Patentable Subject Matter Process or methods. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Patentable Subject Matter Designs Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Patentable Subject Matter And also:-- Composition Of matter Business Methods Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Non patentable subject matter. Mathematical formulae; algorithms Naturally occuring organisms Laws of nature Abstract ideas Natural phenomenon Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

PATENTING PROCEDURE Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

AN OVERVIEW OF THE INDIAN PATENT PROCEDURE Filing of Patent Application. Publication of the Application. Examination of the Application. Objections. Response to office actions by the Applicant. Pre Grant Opposition (if any). Hearing (if required). Grant/Rejection of a Patent. Post Grant Opposition (if any). Renewal of Patents. Abandonment of Patents. Restoration of Patents. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Filing of patent application Publication of Grant of patent Patent Grant Procedure Filing of patent application Early Publication Publication after 18 months Pre Grant Opposition / Representation by any person. Request for examination Examination: Grant or Refusal Publication of Grant of patent Post Grant Opposition to grant of patent (Constitution of Opposition Board) Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India Decision By Controller

Types of Patent Applications Ordinary application. (i) application with provisional specification (ii) application with complete specification 2. Convention application . PCT National Phase Application . PCT international Application . Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

FILING OF PATENT APPLICATIONS There are two types of Patent Applications: Provisional. Complete. A provisional application for Patent can be filed at the Patent Office to claim priority. A Complete specification has to be filed within 12 months from the date of filing of the Provisional Application. The filing fee of a Provisional/Complete Application is Rs.1000/- for individuals and Rs.4000/- for non-individuals. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Indian Patent Applications Fees Sr. No. On what payable From No. Natural Person(s) Fees for other than natural Person(s) 1 Application for Patent Sheets/Claims Rs. 1000/- Rs.100/200 Rs. 4000/- Rs.400/800/- 2 Examination Request 18 Rs. 2500/- Rs. 10000/- 3 Early Publication Request u/s 11(A)(2) 9 Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

PUBLICATION OF THE APPLICATION A Patent Application is published in the Patent Office Journal just after 18 months from the priority date which is the date of filing of the application. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

Filing a Patent Application in INDIA FEES:Natural Person/s Rs.1000/- Otherwise Rs.4000/- Filing of patent application on Form-1 With Complete Specification With Pro. Specification Early publication Request 18 M Filing Complete Within 12Months after Provisional FEES: Natural Person/s Rs.2500/- Otherwise Rs.10000/- Published NO F.E.R. Issued. REQUEST for EXAMINATION on Form-18 Within 36 mths of filing application. Application ABANDONED EXAMINATION Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

THANK YOU Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India