Outline
Sites for Patent Access.
Need help !!
How to write a patent?
Designs
Copyrights
Geographical Indication
GODFATHER SITES FOR SEARCHING PATENT
Patents along with international patents filed in
India.
Global patents.
from the territory of USA.
Contact Details of Attorneys For filling a patent
Geographical Distribution:
West India : Mumbai
East India : Kolkata
South India : Madras
North India : Delhi
Patent Facilitating Centres
Centre In Gujarat
Dr. D.V Jani, Principal Scientific Officer
Patent Information Centre
Gujarat Council on Science & Technology
Block-B, 7th Floor, MS Building
Near Pathik Ashram, Sector-II
Gandhi Nagar-3247269
Find the same info at :
http://www.pfc.org.in/index.htm
The pfc help individual scientists /Researchers financially ,legally in both pre & post patent procedures
A typical patent specification has the following sections:
Title of invention
Field of invention
Background of invention with regard to the drawback associated with known art
Object of invention
Statement of invention
A summary of invention
A brief description of the accompanying drawing
Detailed description of the invention with reference to drawing/examples
Claim(s)
Abstract.
TITLE OF INVENTION
Title of invention should reflect the main art of
the invention. It should be precise, meaningful
should be normally within 15 words. A title can
be used for more than one invention.
Written as “ ” on the 1st page of
patent with a preamble as specified on form no
2.
FIELD OF INVENTION
Field of invention should describe the scope of
the invention and subject matter of the
invention on which it relates.
Basically, it should be crisp and clear enough
so that the Examiner of patent easily
understands the nature of the invention and
classifies the technology according to its genera.
BACKGROUND OF THE INVENTION
This section describes the state of the art in the
particular technical area to which the patent relates
and what problems remain to be solved or
disadvantages accompanying the prior art
solutions.
In other words, Background of the invention
should describe what others have done in the field,
and what problems have not been solved by this
prior work. It is always better to mention the status
of the closest technology, experiments, patents
and patent applications in this section.
OBJECT OF INVENTION
Object of invention should clearly reflect the
advantages of the invention. It should describe
the solution of the existing technical problem
associated with the existing field of art.
Each and every object and advantages of the
invention should be described in a separate
sentence.
Basically, this portion is a comparative analysis
of the inventive technology over the existing
one.
SUMMARY OF INVENTION
Summary of invention describes a broad
overview of the invention and, thus, provide a
structure for understanding the Detailed
Description and Claim sections of the
specification.
The summary of the invention describes the
invention overall, e.g., the purpose of the
invention, problems solved, advantages
offered, and so forth.
BRIEF DESCRIPTION OF DRAWINGS
The brief description of drawings includes a
written description of the invention that explains
how to make and use it.
It should point the reference numerals used in the
drawings and should be specific. The details
should be sufficient enough for a person skilled in
the art to understand and perform the invention.
Note : Drawings must always be on separate sheet
of paper .While explanation must be pointed out
using pointer such as {as specified in fig no. 2}
DESCRIPTION OF THE INVENTION
The detailed description describes in detail
what the invention is and how it is made and
used.
Examples showing how the invention works in
a particular application may or may not be
present.
It should reflect the complete picture of the
invention and should be sufficient for a person
skilled in the art to perform the invention by
developing necessary technical know‐how.
CLAIMS
Claims are the essence of a patent. The claims
define the invention which the inventor holds
as his exclusive property and has the right to
exclude others from making, using and selling.
The claims specify the scope of ownership in a
piece of property, i.e. Intellectual Property.
These claims are of paramount importance in
both patent prosecution in the Patent Office
and patent litigation in the courts.
Therefore, during claim drafting the choice of
words used in the patent claims should be dealt
in a great understanding and thought.
CLAIMS
Rights are given to claims only, not for any matter
described in the complete specification.
Claims define the boundaries of legal protection
and form a protective fence around the invention.
Each claim is evaluated on its own merit and,
therefore, if one of the claims is objected, it does
not mean that the rest of the claims are invalid.
Claims must always start with Preamble “I /We
claim that-”
Is there a need of attorney?
ABSTRACT
It is a very short description of what your
invention is or what your invention focuses on.
The abstract is generally displayed when you
search any patent hence it must be such that a
reader who knows nothing about your
invention can at least link your invention to a
particular genera.
It should be less than 150 words in size.
DESIGNS
Designs mean only the features of shape,
configuration, pattern etc in any dimensions by
any industrial/chemical process.
It does not include any mode or principle of
construction or it is anything like a mechanical
device. e.g. : cars ,television.
Why Design?
If the products have similar functional features
or have comparable price tags, the eye appeal
or visual design of product determines the
choice.
The external design or color scheme or
ornamentation of any product plays a key role
in determining market acceptability of
products from other similar products.
Therefore if you have a good design that gives
you an advantage then you must have a system
to protect it’s features.
COPYRIGHTS
Literary work, dramatics & musical work
Computer programs/software
Cinematographic films.
Artistic work
MORE ON COPYRIGHT
The documentation of computer program has to be
done separately & it should not combine with the
computer program in a single application.
In case of a program developed by the employee,
the employer is sole owner of copyright.
Once the copyright is registered ,the work is open
to public . This is reason why only small chunk of
source code is divulged out in public while rest
remains a trade secret of the owner & can be
subject matter of a protection against those who
wrongfully obtain & utilizes the said program.
GEOGRAPHICAL INDICATIONS
GI are names associated with goods which identify
such goods where a given quality ,reputation, or
other characteristics of such goods are attributable
to it’s own origin.
Examples: Mysore silk of Karnataka , Scotch
Whisky.
An Authorized User has the Exclusive Rights to
use the GI in relation to goods in respect of which
it is registered.
The GI tag ensures that none other than those
registered as authorized users (or at least those
residing inside the geographic territory) are
allowed to use the popular product name.
