How to File a Patent in India : A Students Guide without requirement of attorney along with fees

INTELLECTUAL PROPERTY RIGHTS

Need for IPR

   Technological Developments in 20th century have
    transferred majority of wealth creating work from
    ‘Physical based’ to “ knowledge based ”
   Earlier Labour and Capital were factors behind
    Production but the trend is now shifting to
    knowledge and Information based.
   To encourage this we have IPR



What is IPR ?

   Intellectual Property very broadly, are right
    granted to creators and owners of works that are
    results of human intellectual creativity.
   These works can be in the industrial, scientific,
    literary and artistic domains, which can be in the
    form of an invention, a manuscript, a suite of
    software, or a business name.

Legislations covering IPR

   Patents
   Design
   Trade Mark
   Copyright
   Layout Design of ICs
   Geographical Indication
   Plant varieties

What is Patent

   A Patent is a exclusive ownership right granted by a
    country to the owner of an Invention, provided the
    invention satisfies certain condition stipulated in law.
   A Letters Patent( a certificate ) is issued by a patent
    office to the owner.
   A patent is a property so it can be gifted, inherited,
    assigned, sold or licenced.

Definition of Invention

   Novelty
   Inventiveness (Non-obviousness)
   Usefulness

Novelty

   It is not known to public through publication, or prior use
    anywhere in this world. Ex- Ayurveda.
    An invention will be considered novel if it does not form a
    part of the global state of the art.
    Information appearing in magazines, technical journals,
    books, newspapers etc. constitute the state of the art.
    Oral description of the invention in a seminar/conference
    can also spoil novelty.
    Novelty is assessed in a global context. An invention will
    cease to be novel if it has been disclosed in the public
    through any type of publications anywhere in the world
    before filing a patent application in respect of the invention.
   Prior use of the invention in the country of interest
    before the filing date can also destroy the novelty.
    Novelty is determined through extensive literature
    and patent searches. It should be realized that
    patent search is essential and critical for
    ascertaining novelty as most of the information
    reported in patent documents does not get
    published any where else.


Inventiveness

   It is the feature of invention that involves technical
    advance as compared to existing knowledge or having
    economic significance or both and that make invention
    not obvious to a person skilled in the art.
   The prior art should not point towards the invention
    implying that the practitioner of the subject matter could
    not have thought about the invention prior to filing of
    the patent application.
    Inventiveness cannot be decided on the material
    contained in unpublished patents.
   Ex- gate for a implies b, using aluminium knob for
    almirah, etc.
    The complexity or the simplicity of an inventive step
    does not have any bearing on the grant of a patent.
   In other words a very simple invention can qualify
    for a patent. If there is an inventive step between
    the proposed patent and the prior art at that point
    of time, then an invention has taken place.
    A mere 'scintilla' of invention is sufficient to found a
    valid patent.


Usefulness

    An invention must possess utility for the grant of
    patent No valid patent can be granted for an
    invention devoid of utility.
   Ex- say i have an robot which can only climb the
    tree and not suitable for any task.

Invention definition in Indian Patent Act

   Invention means a new product or process involving
    an inventive step and capable of Industrial application.
    Inventive step means a feature that makes the invention not
    obvious to a person skilled in the art
   Capable of Industrial application means that the invention is
    capable of being made or used in an industry
   However, inventions claiming substance intended for use, or
    capable of being used, as food or as medicine or drug or
    relating to substances prepared or produced by chemical
    processes (including alloys, optical glass, semiconductors and
    inter-metallic compounds) are not patentable. Only process
    claims are allowed in such cases.
    Meaning of chemical process would also include the
    biochemical, biotechnological and microbiological process.


Types of inventions which are not
Patentable in India

   an invention which is frivolous or which claims anything
    obviously contrary to well established natural laws;
   an invention the primary or intended use or commercial
    exploitation of which could be contrary to public order or
    morality or which causes serious prejudice to human , animal
    or plant life or health or to the environment;
   the mere discovery of scientific principle or the formulation
    of an abstract theory or discovery of any living thing or non-
    living substance occurring in nature;
   the 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;
   a substance obtained by mere admixture resulting only in the
    aggregation of the properties of the components thereof or
    a process for producing such substance;
   the mere arrangement or re-arrangement or duplication of
    known devices each functioning independently of one
    another in a known way;
   a method of agriculture or horticulture;
   any process for medicinal, surgical, curative, prophylactic,
    diagnostic, therapeutic or other treatment of human beings or
    any process for a similar treatment of animals to render them
    free of disease or to increase their economic value or that of
    their products;
   plants and animals in whole or any part thereof other than
    microorganisms but including seeds, varieties and species and
    essentially biological processes for production or
    propagation of plants and animals;
   mathematical or business method or a computer program per
    se algorithms
   a literary, dramatic, musical or artistic work or any other
    aesthetic creation whatsoever including cinematographic
    works and television productions;
   a mere scheme or rule or method of performing mental act or
    method of playing game;
   a presentation of information
   topography of integrated circuits
   an invention which, in effect, is traditional knowledge or
    which is an aggregation or duplication of known properties
    of traditionally known component or components
   inventions relating to atomic energy

Can a disclosed or published invention
be Patented?

   No, publication of an invention in any form by the
    inventor before filing of a patent application would
    disqualify the invention to be patentable.
   Hence, inventors should not disclose their inventions
    before filing the patent application. The invention
    should be considered for publication after a patent
    application has been filed.
    Thus, it can be seen that there is no contradiction
    between publishing an inventive work and filing of
    patent application in respect of the invention.

Documents Required

   Apart from Various Forms, they are two types of
    Patent Docs
   Provisional Specification
   Complete Specification


Provisional Specification

   A provisional specification is usually filed to establish
    priority of the invention in case the disclosed invention is only
    at a conceptual stage and a delay is expected in submitting
    full and specific description of the invention.
   Although, a patent application accompanied with provisional
    specification does not confer any legal patent rights to the
    applicants, it is, however, a very important document to
    establish the earliest ownership of an invention.
   The provisional specification is a permanent and
    independent scientific cum legal document and no
    amendment is allowed in this.
    No patent is granted on the basis of a provisional
    specification.
   It has to be a followed by a complete specification
    for obtaining a patent for the said invention.
    Complete specification must be submitted within 12
    months of filing the provisional specification. This
    period can be extended by 3 months.
    It is not necessary to file an application with
    provisional specification before the complete
    specification. An application with complete
    specification can be filed right at the first instance.

Complete Specification

   Title of the invention.
   Field to which the invention belongs .
   Background of the invention including prior art giving
    drawbacks of the known inventions & practices.
   Complete description of the invention along with
    experimental results.
   Drawings etc. essential for understanding the invention.
   Claims, which are statements, related to the invention on
    which legal proprietorship is being sought. Therefore
    the claims have to be drafted very carefully.


Advantages of Provisional

   In case you are thinking for attorney.
   The documentation which requires time.
   You can disclose your invention to anyone, without
    having fear that he may steal your idea/invention.
   The above thing will enable you to discuss with
    others and try to correct flaws if present in your
    invention.

Publication

   All patent applications are published in the Official
    journal of Patent Office on expiry of 18 month from
    the Date of filling.
   There is a option of early publication if you pay an
    amount of 2500/-
   Once published the Inventor gets partial rights over
    invention.
   The period between the publication and grant of
    patent can be utilized to find suitable market for
    the invention.

Examination

   Fee of 2500/- needed for request of examination.
   Normally a examination takes 6 month, it depends
    on your serial number.
   Examination can be done only after your
    application is published.
   The First Examination Report (FER) is send to
    applicant address.
   Any objection or amendment is to be done before
    12 months of FER.


Grant of Patent

   Patent is granted after 6 months of FER provided
    there is no objection or suggestions.
   Once Patent is granted, any person can access it
    and can file objections within 12 months.

Forms

   Form 1 for application. Cost 1000/-
   Form 2 for Specification.
   Form 5 for undertaking.
   Form 9 for Early Publication. Cost 2500/-
   Form 18 for Examination. Cost 2500/-
   Thus total of 6000/-

Design

   "Design" means only the features of shape, configuration,
    pattern, ornament or composition of lines or colours applied
    to any article whether in two dimensional or three
    dimensional or in both forms, by any industrial process or
    means, whether manual, mechanical or chemical, separate or
    combined, which in the finished article appeal to and are
    judged solely by the eye
    But does not include any mode or principle of construction
    or anything which is in substance a mere mechanical device.
    Stamps, labels, tokens, cards, be considered an article for
    the purpose of registration of design

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.