Darshan RP

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RESEARCH PROPOSAL M.

PHARM (QA)

“RESEARCH PROPOSAL”

SUBMITTED AS PARTIAL FULFILLMENT

FOR THE DEGREE OF


MASTER OF PHARMACY
IN
THE FACULTY OF PHARMACY
(QUALITY ASSURANCE)
TO
GANPAT UNIVERSITY

NOVEMBER 2022

GUIDED BY: SUBMITTED BY:


RIDDHI J. JANI DARSHAN P DARJI
M.PHARM. M.PHARM (Q.A.), SEM-III

SHREE S.K.PATEL COLLEGE OF PHARMACEUTICAL


EDUCATION AND RESEARCH, GANPAT UNIVERSITY, GANPAT
VIDYANAGAR -384012
DIST.-MEHSANA (GUJARAT, INDIA)

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WHAT IS PATENT?

A patent is an exclusive right granted for an invention, which is a product or a


process that provides, in general, a new way of doing something, or offers a new
technical solution to a problem.

HISTORY OF INDIAN PATENT SYSTEM:


1856: The Act VI of 1856 on protection of inventions based on
the British Patent Law of 1852. Certain exclusive privileges
granted to inventors of new manufacturers for a period of 14
years.

1859:The Act modified as act XV Patent monopolies called exclusive


privileges (making. Selling and using inventions in india and
authorizing others to do so for 14 years from date of filing
specification).

1872:The Patterns & Designs Protection Act.

1883:The Protection of Inventions Act.

1888:Consolidated as the Inventions & Designs Act.

1911:The Indian Patents & Designs Act.

1999: On march 26, 1999 Patents (Amendment) Act,


(1999) came into force from 01-01-1995.

2002:The Patents (Amendment) Act 2002 came into force


from 20th may 2003

2005: The Patents (Amendment) Act 2005 effective


from 1st january 2005

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OBJECTIVES OF PATENT SYSTEM:


 To encourage inventions.
 To breed inventions.
 How to obtain a copy right.
 Avoiding reinventing wheel.
 Selecting professional assistance, legal services in pursuing intellectual
property rights.

Steps to File a Patent


Step 1: Become well-versed in the subject matter
Go through the Indian Patent Act as all the inventions are not patentable. This is to be sure that
your invention bypasses the list of exceptions.

Step 2: Patentability criteria & other checks

The next step in the process is to check whether the invention meets all criteria stated as per the

rules under The Patents Act, 1970. Ensure that your invention:
 Has industrial application
 Is enabling
 Is Non-obviousness
 It Falls under the definition of novel

One must also engage patent experts to conduct extensive research on the patentability of an

invention or idea. Only after receiving professional advice from experts should you decide

whether or not to pursue your patent application.

This step reduces the burden on the innovator and provides him/her with a detailed picture of the

patent’s monetary value in the future. Furthermore, this step saves time and money.

Step 3: Curate your invention in a detailed manner

The most crucial points which must be addressed in the written document would be:
 Field of invention
 Description of the innovation
 Utility of the invention
 Working on the invention

The documents from the research and development phase must also be furnished after they are

duly signed along with the date by you and the competent authority.

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Step 4: Explain your invention through diagrams

Diagrams will enhance the utility of your invention. Through diagrams, the working of the

invention must be explained. This is because visual presentation may enhance the chances of you

getting the patent granted in your name.

Step 5: File the patent application

The provisional application can also be filed in case an invention is in the very early stage of

research and development. The advantage of filing a provisional application is as follows:


 Low-cost protection for 12 months, which investors can use to find investors
 12 months duration to furnish complete specification
 Protection of the filing date

However, if you have a detailed explanation for your invention, you can directly request a

complete specification instead. Further, all the required documents and research work should be

submitted to generate a prototype to back up your invention claims. Complete specifications

must be submitted along with the application.

Step 6: Publish the application

Once the application has been submitted, it will be published after 18 months of first filing.

However, one can request for early publication by paying the stated fees. Additionally, it will

take around one month to publish once the early publication request has been registered.

Step 7: Examination stage

Thereafter one has to request the authorities (RFE) to examine the application. Once the request

for examination is received, the controller forwards the patent application to a patent examiner

who scrutinizes the application through criteria such as:


 Inventive step
 Enabling
 Novelty
 Industrial application

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 Patentable subject matter


 Non-obviousness

The examiner thereafter develops a report of the application. Additionally, the first report will be

handed over to the controller to brief him on the invention’s patentability and genuineness.

Step 8: Objection clarification

Most patent applications will be flagged for some sort of objection based on the examination

report. The best way to resolve this hurdle is to re-check the documents submitted and go

through with the examination report with the help of an IP professional such as the experts

at Vakilsearch. Thereafter, draft a response to the objections and send them to the respective

authorities.

Step 9: Communication with authorities

The applicant is required to communicate with the controller to ensure that all objections in the

patent applications are resolved and that he/she has a fair chance to justify his stance. Once the

objections are resolved the applicant will be granted the patent as soon as possible.

Step 10: Grant of patent

The application will be considered for the grant as soon as it meets all of the requirements

specified by the authorities. Additionally, the patent grant is documented in the patent journal

which is published on a regular basis.

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APPLICATION FORM FOR GRANT OF PATENT:

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Importance of patents :
• Important source of scientific and technical literature
• A treasure-house of scientific inventions
• Avoids duplication
• Paves way for further discoveries
• Stop re-inventing the wheel
• Identifies emerging technologies, emerging areas

What does a patent do?


• Protects intellectual property for 20 years
 No one else can manufacture the product
 Some one can pay you royalties
 You can block competitors
• After 20 years, technology goes to public domain

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