Procedure of Patents
Procedure of Patents
Procedure of Patents
(CGPDTM)
PATENT OFFICE IPTI ,NIIPM, P.I.S. Nagpur T M REGISTRY G.I. REGISTRY
DESIGN OFFICE
CHENNAI
Branch CHENNAI
Branch MUMBAI
CHENNAI
ABAD
What is an Invention?
Sec.2(1)(J) Invention means a new product or process involving an inventive step and capable of industrial application
NEW
MEANS
Invention must not be
Published in India or elsewhere In prior public knowledge or prior public use with in India Claimed before in any specification in India
Inventive step
A feature of an invention that
involves technical advance as compared to the existing knowledge or have economic significance or both and makes the invention not obvious to a person skilled in the art
Section 3 exclusions
Section 3(a)
Frivolous inventions Inventions contrary to well established natural laws
Examples
Machine that gives more than 100% performance Perpetual machine
Section 3 exclusions
Section 3(b)
Commercial exploitation or primary use of inventions, which is
Contrary to
public order or Morality
Examples
Gambling machine, Device for house-breaking ,
Section 3 exclusions
Section 3(b)
Commercial exploitation or primary use of inventions , which
Examples
Biological warfare material or device, weapons of mass destruction Terminator gene technology, Embryonic stem cell
Section 3 exclusions
Section 3 ( c )
Mere Discovery of a Scientific Principle or formulation of an Abstract Theory or discovery of any living thing or discovery of nonliving substance occurring in nature
Examples
Newtons Laws Superconducting Phenomenon as such Property of certain material to withstand mechanical shock Discovery of micro-organism Discovery of natural gas or a mineral
Effect
Genetically modified microorganisms (GMOs) are however, patentable.
Section 3 exclusions
Section3 (d)
The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance
Section 3 exclusions
Section3 (d) Explanation
For the purposes of this clause,
salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixture of isomers, complexes, combinations and other derivatives of known substances
unless they
Examples
Crystalline forms of known substance
Effect
Salts, esters, ethers, polymorphs, metabolite, pure forms, particle size, isomers, complexes, combinations and derivatives of a known substance with enhanced efficacy are patentable
Section 3 exclusions
Section3 (d)
Mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus, unless such known process results in a new product or employs at least one new reactant.
Examples
New use of Aspirin for heart ailments, Mere new uses of Neem
Section 3 exclusions
Section 3(e)
Substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance
Examples
Combiflam [Paracetamol (Antipyretic) + Brufen (analgesic)] Solution of sugar and color additives in water to form a soft drink
However,
A mixture resulting into synergistic properties of mixture of ingredients however, may be patentable - Soap, Detergents, lubricants etc
Effect
Substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance are not patentable
However
Synergistic formulations are patentable
Section 3 exclusions
Section 3 ( f )
Mere arrangement or re-arrangement or duplication of known devices, each functioning independently of one another in a known way
Examples
Section 3 exclusions
Section 3(h)
Method of Agriculture or Horticulture
Examples
Cultivation of algae , Producing new form of a known plant, Preparation of an improved soil
However,
Agricultural Equipments are patentable
Section 3 exclusions
Section 3(i)
Any process for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or a similar treatment of animals to render them free of disease or to increase their economic value or that of their products
Examples
Removal of cancer tumor Removal of dental plaque and carries Surgical processes Processes relating to therapy Method of vaccination, Blood transfusion
However ,
Treatment performed on tissues or fluids permanently removed from the body Surgical,therapeutic or diagnostic Apparatus or instruments
are patentable
Section3 exclusions
Section 3(j)
Plants & animals in whole or any part thereof other than microorganisms,but including seeds, varieties and species and essentially biological process for production or propagation of plants & animals
Section 3 exclusions
Section 3(j)
Plants & animals in whole Parts of plants & animals Seeds Varieties & species Essentially biological processes for propagation or production of the animals & plants
Excludes patents on
Plants and animals in whole or any parts thereof, including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals
Examples
Clones and new varieties of plants A process for production of plants or animals if it consists entirely of natural phenomena such as crossing or selection Essentially biological Process
Examples
Computer program by itself or as a record on a
carrier
However
New calculating machine combination of hardware and software
is patentable
Examples
Scheme for learning a language Method for solving a crossword puzzle, Method of learning a language Method of teaching /learning
However,
Novel apparatus for playing game or carrying out a scheme is patentable
Section 3 exclusions
Section 3 (n)
Presentation of information
Examples
Any manner or method information whether by
spoken words Visual display symbols diagrams
of
expressing
Section 3 exclusions
Section 3 (o)
Examples
Mask works - circuits layout
Section 3 exclusions
Section 3 (p)
Inventions which are
Traditional Knowledge or an aggregation or duplication of known properties of traditionally known component or components
Examples
Traditional Knowledge already in public domain - Wound healing property of Haldi
However,
Any value-addition using Traditional Knowledge leading to a new process or product ,which is novel with inventive step and industrial applicability, gExtraction of Azadirachtin from Neem
can be patented
Effect
Inventions relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as notified by Central Govt. from time to time.
Obtaining a patent
File an application for patent
With one of the patent offices based on territorial jurisdiction of the place of office or residence of the applicant /agent Pay the required fee
Information concerning application form and details of fee available at www.ipindia.nic.in Guidelines for applicants also available on this website
Formality Check
An Examiner checks the formal requirements before accepting the application and the fee this is done immediately Issue of application number and the cash receipt this is done the same day In case of receipt of application by post, cash receipt, application number is sent by post within 2-3 days
Publication
Application is kept secret for a period of 18 months from the date of filing In 19th month, the application is published in the official journal this journal is made available on the website weekly Applicant has an option to get his application published before 18 months also In that case, application is published within one month of the request
Examination
Application is sent to an Examiner within 1 month from the date of request for examination Examiner undertakes examination w.r.t.
whether the claimed invention is not prohibited for grant of patent whether the invention meets the criteria of patentability
Issue of FER
A period of 1 to 3 months is available to Examiner to submit the report to the Controller 1 months time available to Controller to vet the Examiners report First Examination Report (FER) containing gist of the objections is issued within 6 months from the date of filing of request
Pre-grant Opposition
After publication, an opposition can be filed within a period of 6 months Opportunity of hearing the opponent is also available
This is to be done within a period of 1 month from the date of completion of opposition proceedings
Grant of a Patent
A certificate of patent is issued within 7 days Grant of patent is published in the official journal
EXAMINATION-ISSUE OF FER
GRANT OF PATENT
WITHIN 12 MONTHS
OPPOSITION
Appellate Board
Revocation/Amendment
Renewal Fee
To be paid within 3+6 months from date of recording in the register [sec 142 (4) ] No fee for 1st and 2nd year Renewal fee, on yearly basis, is required to be paid for 3rd to 20th for keeping the patent in force Delay upto six months from due date permissible on payment of fee for extension of time Patent lapses if renewal fee is not paid within the prescribed period
Website: www.ipindia.nic.in