1. INDIAN PATENT
PRESENTED BY
AMAN VERMA

2. CONTENT INTRODUCTION OBJECTIVE CHARACTERISTICS OF PATENT
SOURCES OF PATENT INFORMATION
METHODS OF SEARCHING PATENT
NOT PATENTABLE MATTERS
PROCEDURE FOR OBTAINING PATENT
COPY RIGHT
TRADEMARKS

3. INTRODUCTION
Patent is an exclusive right given by a country to the owner of an invention to make, use, manufacturing and market the invention. provided the invention satisfied.
Exclusive right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder.

4. Patents are granted by a government for a novel invention for a limited period of time. The patent gives the inventor exclusive rights to the invention and prevents others from making, using or selling the invention without the permission of the inventor.
The law relating to patents in India is governed by Indian Patents Act, 1970 as amended by Patents (Amendment) Act, 1999 and Patents (Amendment) Act, 2002,which came into force with effect from May 2, In our discussion, we will refer to this act as the Indian Patents Act (IPA).

5. OBJECTIVE To provide protection of creativity of creators.
To promotes the creativity of new creators.
To accelerate the technological and industrial development of the countries.
To provide the exclusive right to invention and affords protection against unauthorized use of invention by third parties.
Understand the meaning of specifications.

6. CHARACTERISTICS OF PATENT
1- Invention must be “NEW”-Invention must never have been made public in anyway, anywhere before the date on which the application for a patent is filled. 2-An invention must involved an “Invention Steps”- The invention must be non-obvious to person skilled in that particular art, ie, it must not follow plainly or logically from what is already known.

7. 3- Invention must be having “Industrial Application”- For the patentable , the invention has to be capable of industrial application.
It can be used in an industry.
It may include any useful , practical activity as district from purely intellectual or aesthetic activity.
4- Invention must not be excluded.

8. NOT PATENTABLE MATTERS
An invention, whose use could be contrary to the public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment. For example, a new type of gambling machine.
Inventions relating to atomic energy because the Central Government has the sole responsibility for the development of atomic energy.

9. Discovery of any living thing or non-living substances or objects occurring in nature.
A substance obtained by a mere admixture of the components, or a process of producing such mixture.
Mere arrangement or rearrangement or duplication of known devices.
An invention which in effect is traditional knowledge.
A mathematical or business method or a computer programme.

10. A method of agriculture or horticulture.
Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings and animals.
Plants and animals in whole or part thereof other than micro-organisms.
Seeds and biological processes for production of plants and animals.
A literary dramatic, musical or artistic work including cinematographic work and television productions.

11. PROCEDURE FOR OBTAINING PATENT
Who can Apply for Patent?
An application for a patent for an invention may be made by a person-
Who claiming to be the true and first inventor of the invention or his assignee,
by the legal representative of any deceased person who immediately before his death was entitled to make such an application

12. FILLING OF AN APPLICATION FORM
There is only one application filed for one invention.
This must be done in a prescribed form along with the prescribed fees in the appropriate patent office.
It should be accompanied by a provisional or a complete specification

13. If the application is filed by the assignee, it must be accompanied with the proof of the right to make the application.
the form of application for grant of an Indian patent asks for
full name, address, nationality of the applicant(s) and inventor(s),
patent specifications, and
whether an application has been made or patent granted in a PCT or

14. a convention country, which affords to citizens of India, or applicants for patents in India.
Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification.

15. Filing of Provisional and Complete Specification-
A specification is an accurate description of the patent stating how the invention can be carried out by the method best known to the applicant. The specification ends with a claim or claims defining the scope of the invention for which protection is claimed.

16. Every application must be accompanied by a provisional or a complete specification.
It is possible to file the application with provisional specifications. But it is necessary to file the complete specifications within one year of filing the original patent application.
The twelve months limit can be extended to 15 months if an application is made to the Controller with such request and the prescribed fee is paid.

17. The specification must contain the following:-
Title, sufficiently indicating the subject-matter.
Relevant drawings.
Full and particular description of the invention.
Details of its operation or use and the method by which it is to be performed.
Disclosure of the best method of performing the invention.
Claims defining the scope of the invention substantiated by the disclosure.
Abstract providing technical information on the invention.
Declaration as to the inventor ship of the invention.

18. Publication of the Application-
Normally every patent application is published after 18 months of filing the application and objections are invited.
The patent application shall not be open to the public for eighteen months after the date of filing, or date of priority, whichever is earlier.
The Controller may issue direction to prohibit or restrict such publication.
In the case of secrecy direction, the application will be published when the secrecy directions cease to operate.
The publication will include the particulars of the date of application, number of application, name and address of the applicant and an abstract.

19. Examination of the Application-
Examination is taken up only if the applicant or any other interested person makes a request in the prescribed manner for such examination within 48 months from the date of filing of the patent application.
If such request is not made within the prescribed time, the patent application is treated as withdrawn.
When the patent application is in respect of an invention for a chemical substance used as an intermediate in the preparation of a medicine or drug including insecticides etc used for protection or preservation of plants, the request for examination has to be made within a period of 12 months.
or within 48 months from the date of the application, whichever is later.

20. Acceptance and Advertisement of Complete Specifications-
Once the complete specification is accepted, Controller notifies it to the applicant and also advertises it in the Official Gazette.
From the date of advertisement of the acceptance of the complete specification and until the date of sealing of the patent, the applicant will have the like privileges and rights as if a patent for the invention had been sealed on the date of advertisement.

21. Opposition to the Grant of Patent-
Any person interested in opposing the grant of patent may give notice to the Controller of such opposition within 4 months from the date of advertisement of the acceptance on the grounds like:-
the invention was wrongfully obtained by the inventor/applicant.
the invention, as claimed in any claim of the complete specification has been anticipated in a specification filed for another patent earlier.

22. 3- The invention as claimed in any claim was publicly known/used in India before the priority date of the claim. 4- The subject of the patent is not an invention, within the meaning of the Act. 5- The information furnished is false. 6- Geographical origin of biological material is not disclosed or falsely disclosed.

23. Grant and Sealing of Patent-
Where the application for a patent along with complete specification has been accepted either without opposition.
after the opposition, a patent shall be granted if the applicant makes a request in the prescribed manner for a grant of patent.
The request has to be made within six months from the date of advertisement of the acceptance of the complete specification.
The patent so granted shall be sealed with the seal of the patent office and the date of sealing of patent shall be entered in the register.

24. TRANSFER OF PATENT
A patent is an exclusive property of the inventor and hence can be transferred from the original patentee to any other person by assignment, grant of license, or operation of law.
The IPA requires that an assignment, license or a creation of any other interest in a patent must be in writing, clearly specifying all the terms and conditions governing the rights and obligations of the parties.
This document must be registered in the prescribed manner within the prescribed time.
The person getting such entitlement in a patent has to apply in writing to the Controller for the registration of the title.

25. Filling of application form
Flow diagram of patent
Filling of application form
Filing of complete
specifications, if not done
already (within 12 months of application)
Examination of
application on request
Publication of application (after 18 months from application date)
Count……

26. Acceptance and advertisement of complete specificationsY
Opposition N
Scrutiny
Grant Y N
Grant and sealing of patent
Reject

27. USE OF PATENT INORMATION-
SOURCES OF PATENT
INFORMATION
The patent information provide the vital resources of information to companies and research institutes across the world.
USE OF PATENT INORMATION-
Current awareness-Source of patent information provide the up-dated information.
Avoiding duplication effort and infringement-Searching worldwide patents literature should always be done at the start of any R&D effort to avoids wasteful

28. And costly duplication.
Licensing opportunity-Even if an invention is still protected by an patent ,it may be possible to negotiate a license for its manufacture or importation.
Inspiration-It developed the new ideas, particularly as it often possible to find the same concept being used in unrelated industries.

29. SOURCE OF PATENT INFORMATION
Patent information is made available to the public through a variety of databases. Each databases has complete coverage of all patent document ever published worldwide.
WIPO- Offer free online access to all international patents. (
Patent Search Services-
( scope.wipo.int)
Google patents
SciFinder Scholar
Patent Offices
British Library

30. Method of search of patent information-
The effective searching of patent document and other source of technology information requires a solid knowledge of the technical field. The following search criteria are use for the searching the information by using---
Key words
Patent classification
Dates (priority date, application date, publication date, grant date.)
4- Name of applicant
5-Patent reference or identification no.(application no. ,publication no. , patent no.)

31. COPYRIGHTS
Copyrights is a right which is available for creating an original literary or dramatic or musical or artistic work.
Cinematographic film and recording on disc , tapes, or other devices are covered by copyrights.
Computer programmed and software are covered under literary works and protected in India under copyrights.

32. The copyright act-1957 as amended in 1986,1984,1992,1994 and 1999,govern the copyright protection in india.
The protection for literary works is from the author’s life plus sixty years.
Coverage area of copyrights-
Literary, dramatic and musical work, computer programmed ,software .
Artistic work
Cinematographic films which include sound track and video film
Recording on any disc, tape.

33. Transfer of copyrights
The owner of copyrights may assign to any person as prospective owner in a future work. Either wholly or partially in following manner----
For the entire world or a specific country
For the full term of copyright or part.
For relative to all the rights compromised the copyright or only part of such right.

34. TRADEMARKS
Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark.
Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs, shall be eligible for registration as trademarks.

35. Trademarks Signs which May Serve as
Words:- This category includes company names, surnames, forenames, geographical names and any other words or sets of words, whether invented or not, and slogans.
Letters and Numerals:- Examples are one or more letters, one or more numerals or any combination thereof.

36. Devices:- This category includes fancy devices, drawings and symbols and also two dimensional representations of goods or containers.
Combinations of any of those listed above, including logotypes and labels.
Colored Marks:- This category includes words, devices and any combinations thereof in color, as well as color combinations and color as such.
Three-Dimensional Signs:- A typical category of three-dimensional signs is the shape of the goods or their packaging. However, other three-dimensional signs such as the three-pointed Mercedes star can serve as a trademark.

37. Audible Signs (Sound Marks):- Two typical categories of sound marks can be distinguished, namely those that can be transcribed in musical notes or other symbols and others (e.g. the cry of an animal).
Olfactory Marks (Smell Marks):- Imagine that a company sells its goods (e.g. writing paper) with a certain fragrance and the consumer becomes accustomed to recognizing the goods by their smell.
Other (Invisible) Signs:- Examples of these are signs recognized by touch

38. Trademark Registration
Applications for registration of a trademark are to be filed with the competent government authority.
The authority is called as “Industrial Property Office” or “Patent and Trademark Office” or “Trademark Office.”
The application form has to be completed with the name and address of the applicant.

39. The sign filed for registration must appear in the application form or in an annex to it. If it is intended that the sign should be registered in color, the colors must be claimed and a specimen in color or the description of the color(s) must be submitted.
If a three-dimensional sign is filed for registration, it is necessary to claim protection of the sign in its three-dimensional form.
The applicant has also to list the goods for which the sign is to be registered.
Finally, one or more lots of fees have to be paid for the registration of a trademark.

40. A country may provide for a single, all-embracing fee or several (application fee, class fee, examination fee, registration fee, etc.).
Examination as to Form-
Countries generally accept an application for registration of a trademark only if the formal requirements are fulfilled.
Most countries examine trademark applications as to substance in the interest of both the public and competitors.

41. Date of Registration
If the application leads to registration, the office issues a certificate to the owner. The owner’s exclusive right exists from the date of registration.
Duration and Renewal-
Since trademarks do not grant an exclusive right that could be exploited, there is no need to limit their validity.
For administrative reasons, a time limit is generally provided for in trademark laws, but it is possible to renew registrations when the time limit expires.

42. Removal of the Trademark from the Register-
The cancellation of a trademark registration is a serious matter for its owner, as it leads to a loss of his rights under the registration.
Nevertheless, there are a number of grounds on which a trademark can be removed from the register.