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Brain League IP Services Pvt. Ltd.

Law of Patents and filing process

By

Vikram Pratap Singh Thakur

Brain League IP Services

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Agenda

Patentability requirements (overview)

Patent Process in India

Online patent filing process in India

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Patentability requirements

Patentable subject matter

Utility

Novelty

Non-obviousness

Specification

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Patentable Subject Matter

Inclusion list

Product or Process

Exclusion list Section 3 and 4

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Exclusion list

Frivolous inventions and Inventions againstNatural Laws

Inventions contrary to Public Order or Morality orprejudicial to Life or Environment

Scientific Principle or Abstract Theory orDiscovery

New Form or New Property or New Use

Mere Admixture

Mere Arrangement or Re-arrangement of devicesor duplication

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Exclusion list cont

Method of Agriculture or Horticulture

Medical Methods

Plants and Animals

Mathematical Algorithm and Computer Program

Copyrightable works and Presentations

Mental Act and Method of playing a Game

Integrated Circuits Traditional Knowledge

Atomic Energy (sec 4)

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Utility (Industrialapplicability)

Capable to be used in the industry

At least used for one purpose

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Novelty

New

Not part of prior art

Single reference

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Non-obviousness (Inventive Step)

Inventive step Technical advance; and/or

Economic significance

Person skilled in the art

Multiple references combined

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Specification

Description of the invention Enablement

Best mode

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INVENTIONS

Subject Matter

Usefulness

Novelty

Non-obviousness

Specification

PATENTS

Kalyans Patent FilterModel

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Illustration

X invents a door knob made of clay andporcelain, which could be used in very low or

high temperatures without deformation and was

cheaper than existing knobs. The prior art

relating to the knob includes:Door knobs made of metal, which were being

sold and used extensively; and

Kitchen utensils made of clay and porcelain.

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Indian Patent Procedure

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Filing

Contents of application (provisional orcomplete)

Persons entitled to apply

Place of application Types of application

Priority date

Documents

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Contents of specifications

Title (P)

Abstract (P)

Written Description (P)

Drawings (where necessary)

Sample or Model (if required by the examiner)

Enablement and Best Mode

Claims

Deposit (Microorganisms)

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Persons entitled to apply

True and first inventor of the invention

Assignee

Legal representative

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Place of application

Patent offices Territorial jurisdiction

Mumbai The states of Gujarat, Maharashtra, MadhyaPradesh, Goa, Chhattisgarh, The Union Territoriesof Daman and Diu and Dadra and Nagar Haveli.

Delhi The states of Haryana, Himachal Pradesh, Jammuand Kashmir, Punjab, Rajasthan, Uttar Pradesh,Uttranchal, National capital territory of Delhi and theunion territory of Chandigarh.

Chennai The states of Andhra Pradesh, Karnataka , Kerala,Tamil Nadu and the union territories of Pondicherryand Lakshadweep.

Kolkata (headoffice)

Rest of India

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Various types of applications inIndia

Ordinary application

Convention application

PCT international application

PCT National phase application

Application for Patent of addition

Divisional Application

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Priority Date

Date of first filing

Date of foreign filing if foreign application filed

earlier

Date of PCT international application

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Documents to be submittedat the time of filing

Form 1Form 1 - Application for the grant of patent.

Form 2Form 2 - Provisional or Complete Specification.

Form 3Form 3 - Statement and undertaking by the applicant.

Form 5Form 5 - Declaration as to inventorship.

Form 26Form 26 - Authorization of patent agent or any other

person. (if filed through an agent)

Priority document details have to be filed for a

Convention application.

Proof of right if the application is made by the assignee.

Death Certificate of deceased - Legal Representative.

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Publication

Date of publication

Open for public inspection

Rights of patentee starts

Early publication

Circumstances when publication not done

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Publication after 18 months

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Examination

Request for examination

Formal examination

verifying the propriety and correctness of all

documents

verifying the patentability

First Examination Report (FER)

Amendments

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Grant

Order for grant

Fees

Grant

Publication

Rights of patentees can be enforced

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Publication of grantedpatents

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E filing in IndiaE filing in India

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Digital signing of anapplication

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Payment

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List of filed applications

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View status of application

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Generate and printacknowledgement

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Certified and True copy

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