PATENT AND DESIGN PROTECTION

By- Nishant Kewalramani

A Property of BananaIP

AGENDA

Patentability Requirements

Patent Process

Design Requirements

Design Process

PATENTABILITY REQUIREMENTS

INVENTIONS

Subject Matter

Usefulness (Utility)

Novelty

Non-obviousness/Inventive Step

Specification

PATENTS

PATENTABILITY REQUIREMENTS

Patentable Subject matter Product and process

Some Exclusions (Non- Patentable subject matter) Frivolous inventions Inventions prejudicial to life or environment Mere arrangement or rearrangement of devices Mere Combination of two known devices Traditional Knowledge(for more information on non-patentable subject matter, please

refer to section 3 of Indian patent act)

PATENTABILITY REQUIREMENTS

Patentable subject matter?

A pencil box having a sharpener attached

A new method of curing cancer

PATENTABILITY REQUIREMENTS

Usefulness/ Utility

Capable of being made or used in an industry

Credible

Current

PATENTABILITY REQUIREMENTS

Novelty an aspect that does not form a part of the

prior art reference(prior publication, prior public knowledge or use, public display and so on)-

all elements MUST be present in one single reference

PATENTABILITY REQUIREMENTS

+

PATENTABILITY REQUIREMENTS

Non-Obviousness/Inventive step Invention should involve technical advance or

economic significance or both; and The invention should not be obvious to a person

having ordinary skill in the art.

All elements of the invention may be present in one or more references

VEHICLE CONTROL PEDALA- Support mounted to a vehicleB- Adjustable pedal assemblyC- A pivot point for pivotally

supporting the pedal assemblyD- Position Sensor- Electronic

ControlE- Electronic Sensor not to be

placed on a moving point as moving may result in quicker wear and tear of the wiring

Electronic sensor was attached to fixed pivot point.

PATENTABILITY REQUIREMENTS

Specification A techno-legal document Provide complete information (manner of making

and using) about the invention Disclose the best method of performing the

invention Must end with a claim or claims defining the

scope of protection

PATENT PROCESS

Filing Publication Examination Pre-Grant Opposition Grant Post-Grant Opposition

PATENT PROCESS- FILING

Patent Application Form of Application

Provisional Application (Provisional Specification + Filing documents)

Non Provisional/Complete Application (Complete specification + Filing documents)

Priority Date- filing date of the first application in a chain of applications

PATENT PROCESS-FILING

Types of Application

Domestic Application

Convention Application

International Application

National Stage Application

PATENT PROCESS-FILING

• Patent Offices• Mumbai Patent Office- States of Maharashtra,

Gujarat, MadhyaPradesh, Goa, Chattisgarh, Diu Daman, Dadra and Nagar Haveli

• Chennai Patent Office- States of Andhra Pradesh, Karnataka, Tamil Nadu, Pondicherry and Lakshadweep

• Delhi Patent Office- States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi, Chandigarh

• Kolkata Patent Office- Rest of India

PATENT PROCESS-PUBLICATION

Notice to Public (18 months from the priority date)

Rights start from the date of publication

Request for early publication

PATENT PROCESS-EXAMINATION

• Proper request must be filed– By the Applicant– By the interested person (person engaged in or

in promoting, research in the field of the invention)

• Time limit- 48 months from priority date

• Formality check

• Prior Art search and analysis by the Examiner

PATENT PROCESS-EXAMINATION

First Examination report from the Examiner within 6 months from the date of request

Response from the Applicant within 12 months

PATENT PROCESS- GRANT

3-4 years from the date of filing

To be renewed every year after 2 years from the grant date

DESIGN REQUIREMENTS

A design may include Shape Configuration Pattern Artistic Aspect

Must be Original – independently created by the person

claiming the protection; andDistinct- significantly distinguishable from known

designs

DESIGN PROCESS

Filing an application with photographs of the product

Examination

Registration

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