SUCHITRA BAIPatent Department

Altacit Global, Chennai

A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his/her invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.

Encourage scientific research, new technology and industrial process

Grant of exclusive monopoly rights Stimulate new inventions Pass the invention into public domain for

new advancement of technology

Novelty: The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.

Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.

Industrially applicable: Invention should possess utility, so that it can be made or used in an industry.

The Patent System in India is governed by the Patents Act, 1970 (No. 39 of 1970) as amended by the Patents (Amendment) Act, 2005

The Patents Rules, 2003, as amended by the Patents (Amendment) Rules 2006

a) Ordinary Application [Provisional Specification and Complete Specification]

b) Application for Patent of Addition (granted for Improvement or Modification of the already patented invention, for an unexpired term of the main patent).

c) Divisional Application (in case of plurality of inventions disclosed in the main application).

d) Convention application , claiming priority date on the basis of filing in Convention Countries.

e) National Phase Application under PCT.

Title of InventionPreamble of the InventionField of InventionBackground ArtObjects of the InventionSummary of the InventionDescription of the Invention

Secures Priority Date 12 months time to develop invention,

analyze the market potential and scope of commercialization of the Invention.

Abandon

Title of the Invention Preamble of the Invention Field of the Invention Background Art Objects of the Invention Summary of the Invention Brief description of the Invention Detailed description of the Invention Claims Abstract

A specification in respect of a patent of addition is filed Shall contain a specific reference to the number of the main patent, or the application for the main patent, as the case may be, and a definite statement that the invention comprises an improvement in, or a modification of, the invention claimed in the specification of the main patent granted or applied for.

A specification in respect of a divisional application shall contain specific reference to the number of the original application from which the divisional application is made.

The Paris convention contains the basic rules for the international protection of Patents.

The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, was one of the first intellectual property treaties. As a result of this treaty, intellectual property, for Patents, of any contracting state are accessible to the nationals of other states party to the Convention.

The "Convention ‘priority right’, also called "Paris Convention priority right" or "Union priority right", was also established by this treaty. It provides that an applicant from one contracting State shall be able to use its first filing date (in one of the contracting State) as the effective filing date in another contracting State, provided that the applicant files another Patent application within 12 months from the first filing.

National Treatment [The Convention provides each of the contracting states must grant the same protection in respect of industrial property to nationals of other contracting states as it grants to its own nationals]

Right of Priority [Any applicant who has filed an application in any of the contracting states may apply for protection in any of the other contacting states within 12 months from the date of priority.

Common Law Rules [(a) Patents granted in different contracting states is independent of each other, (b) One contracting state does not oblige the other contracting state to grant a patent, (c) A patent cannot be refused, annulled or terminated in any contracting state on the ground that it was refused, annulled or terminated in any other contracting state].

Unified procedure for filing Patent application

Administered by WIPO - one set of formality requirements - international search - international publication - international preliminary examination - international application can be put in

order - enter National phase at 30 months

Filing Application with relevant office.Filing of Complete Specification if Provisional filed in first instancePublication of ApplicationFiling of Request for ExaminationResponse to the Request for ExaminationReceipt of Intimation of GrantRegistration CertificatePayment of Renewal feesFiling Form 27

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