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Patents - India - STIC -IPO

Presentation for stic - Cochin university
by

anoop joy

on 22 February 2012

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Transcript of Patents - India - STIC -IPO

Patent office - India
GIR
Copyright
Trademark
Designs
Patents
What is a Patent?
Inventions
exclusive right
limited period
In return to disclosure of invention
within territory
What are inventions?
Inventions
new
useful
Inventive step
Novelty
Publication
Use
Inventive step
Feature of invention which makes the invention not obvious to a person skilled in the art.
Topics
IPR
Forms of IPR
Patents
Patenting procedure
How to obtain patents
Who can apply?
How to apply?
Who can apply?
Inventor
Assignee of inventor
Disclosure of invention
Provisional
Complete
Disclosure
Sufficient for a person skilled in
art to perform the invention
Parts of specification
Field of invention
Prior art
Disadvantages of prior art
statement of invention
detailed description- examples
advantages
referance to drawings
claims
abstract
How to file a patent application

Can be filed online/post
Forms
Fee - just 3500/-
Processing of patent application
Publication
Request for examination
Grant
Renewal fee
Rights of Patentee
exclusive right to prevent making using offering for sale,selling, importing

Infringement actions
GIR- Geograpical Indication
Trademarks
Inventions not patentable
Copyright
Industrial Designs
Art
Literature
Music
Dragon V/s Tiger
Worldwide Patents???
Teritorial jurisdiction
PCT
Safeguards- Public interest
3,14,000
34,287
229,096
7,262
requirement of public not met
exorbitant price
not worked in india
Compulsory licence
Safeguards- Public interest
Pre- grant opposition
Post grant opposition
Public interest



Cost of Drugs
Traditional knowledge
A Patent is an exclusive right granted by the Government for an invention, for a limited period of time in consideration of disclosure of the invention by an applicant

Patents Act,1970.
400 paper clip patents
valued at over 400mn$
Computer program
Algorithms
Business methods
method of treatment
of humans or animals

method of agriculture
or horticulture
evergreening of drugs
3.d - New forms of known substances
Patent Agents
Deputy Controller of Patents & Designs
Telephone No: 044-22502080
Fax: 044-22502066
E-mail: chennai-patent@nic.in
http://ipindia.nic.in/
Recap
- Patents
- Inventions
- Novelty,Inventive step,Industrial applicability
- Procedure for applying patents
Aesthetic aspects or outward appearance that is applied to a product

2 D like patterns, lines, composition, colour ;
or

3D like shape ; or combination of both 2 D & 3 D

Statutory right – accrues only on registration -

Territorial

Right to prevent all other from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation

Monopoly Period of 10 years extendable by 5

DESIGN
DESIGN
DESIGN
Criteria for Design Registration –
Finished article
appeals to and is judged solely by the eye
– New or original – not prior published in any country and not publicly known in India – is significantly distinguishable from known designs or combination of known designs
– Not a technical or useful function of a produc

National IPR Policy
IPR awareness
Generation of IP
IP legislation and enforcement
IPR administration
Commercialization of IP
IP enforcement
Human capital development

Startup Facilitation
StartUp- 25 Cr/ 5 years / innovation
Facilitation scheme for patents
Fee reduction
Out of turn examination
"invention" means a
new product or process
involving an inventive step
and capable of industrial application;
Section 3 (i)
Section 3 (h)
Full transcript