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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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