Intellectual Property : An Introduction

  Outline

   Sites for Patent Access.
   Need help !!
   How to write a patent?
   Designs
   Copyrights
   Geographical Indication

GODFATHER SITES FOR SEARCHING PATENT

   www.ipindia.nic.in : Contains library of Indian

    Patents along with international patents filed in

    India.

   https://www.google.com/patents : Contains

    Global patents.

   http://patft.uspto.gov/ :Contains Patents

    from the territory of USA.

   http://worldwide.espacenet.com/?locale=en_EP :Contains Patents of European Union.

 Contact Details of Attorneys For filling a patent

  in India are given officially on website:www.ipindia.nic.in

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.