Kairon

IP Kno wle dg e
Manag e m e nt
Er. Ashok Bharimalla
CPI-ZTM-BPD
Officer-in-Charge- ITMU, CIRCOT
Saturday, July 6, 2013

Types of properties:

TRADEMARK
Brand Name
Subject Matter of
TradeMark
Auto-Focus Mechanism
Subject Matter of Patent
PATENT
DESIGNS
External Appearance of Camera
Subject Matter of Design.

Difference Between Discovery &
Invention
Discovery is the
Coming across of
things that are
already existing
*Watson & Crick
discovered DNA
chain
An invention is
something which
has been created
by Someone
*Marconi invented
radio

WHAT IS PATENTABLE INVENTION?
Technical advancement and economic significance over existing
technology are the added desirable features

Advantages of patents……
 Promotes inventiveness by ensuring adequate
returns to the investment made
 Avoids duplication of research
 Keeps abreast with latest Development in
Technology
 Improve existing technology to produce cheaper
& better products

PATENTS……
Patents are legal monopoly rights
granted, by the government, to the
applicant, for new Inventions (process or
product) employing scientific & technical
knowledge, for a limited period of time
(20 yrs.).
Patent is valid within the country of grant

What is the object of the patent law?THE OBJECT OF THE PATENT LAW IS:
To provide a statutory right to owner of the patent for a
certain period of time
to stop others from using, selling or working out his
invention, and exploit it commercially
To disclose, make use or vend an invention, thus
encourage scientific research and generation of new
technologies
To stimulate new inventions of commercial utility and
To pass invention into public domain after the expiry
of the fixed period of the monopoly.

What can not be patented?
 Anything injurious to public health.
 Mere arrangement or rearrangement or
duplication of known devices
 A method of agriculture or horticulture.
 Inventions related to atomic energy.
 Computer software
 Aesthetic creations
 Discoveries, scientific theories, mathematical
methods

Contd…….
Schemes, rules or methods for performing mental acts
like playing games or doing business
Presentation of information
Methods of treating humans or animals through
surgery, or therapeutically diagnostics
Animals and plants, and biological methods for
rearing/growing them(however, microorganism is
patentable in India)
Products made by chemical synthesis foods, medicines

Procedure for registration of patents (in brief)
Approval

Types of Applications…..
Provisional Application
• Filed to secure the priority rights
• Filed as soon as you have rough draft of your invention
• Do not contain any claims and are easier to draft
• Provide just the basic details of invention and the novelty
without providing much details on implementation part.
• Provisional applications are never published and are never
granted.
These never come to public domain
Complete Specification Application
• Much enhanced version of the Provisional application to be
filed within 12 months from the filing of provisional application
(can also be filed directly without filing provisional)

GENERAL PRECAUTIONS FOR APPLICANT
 Patent application should be filed promptly after
conceiving the invention
 Publication or exhibiting an invention, even by the
inventor himself, would result in non grant of
patent
 Do not wait until the inventions are fully developed
for commercial application

TERM AND DATE OF PATENT
According to the section 53 of the patent act,
term of every patent will be 20 years from the
date of filing of patent application, irrespective
of whether it is filed with provisional or
complete specification.
Date of patent is the date on which the
application for patent is filed

Type of Document Form
 Covering letter- indicating the list of documents
 Requisite Statutory fees (cheque / DD)
 Application for Grant of Patent Form 1
in triplicate
[section 7, 54 & 135 and Rule 20(1)]
 Complete/Provisional
specification in
Form 2
in triplicate [Section 10; Rule 13]
 Statement and Undertaking Form 3
[Section 8; Rule 12]
 Declaration of Inventor-ship Form 5
(only in case of an Indian Application
(Rule 4.17)
 Power of Attorney
(if filed through attorney)
Form 26
(in original) (Rule 3.3 (a) (ii))

APPROPRIATE OFFICE FOR FILING
PATENT APPLICATION
Locations:
The patent office, under
the ministry of Commerce
& Industry, has been
established to administer
the various provisions of
the patent law relating to
the grant of patents
official website:
http:/patentoffice.nic.in
West region Mumbai
East region Kolkata
North region Delhi
South region Chennai

RIGHTS OF THE PATENTEE
To exploit the patent
To licence/assign the patent to others
To surrender the patent
To see for the infringement of the
patent

How does a patent expire?
A patent can expire in following ways:
 The patent has lived its full term
 The patentee has failed to pay the renewal fees
 The validity of the patent has been successfully
challenged by an opponent
As soon as the patent expires, it pass to the general public
domain and now anybody can use it without the
permission of the inventor

Fees
On the grant of a patent
the application will be
accorded a number, called
serial number in the series
of numbers accorded to
patents under the Indian
Patents and Designs Act,
1911(2 of 1911)
Particular Natural
person
(Rs)
Other than
natural
person (Rs)
For filing patent
application
1000 4000
For each sheet of
specification in
addition to 30
100 400
For each claim in
addition to 10
200 800
for Request of
Publication
2500 10000
for Request for
Examination
2500 10000

RENEWAL FEE
 To keep the patent in force, Renewal
fee is to be paid every year. The first
renewal fee is payable for the third
year and must be paid before the
expiration of the second year from the
date of patent
 While paying the renewal fee, the
number and date of the patent
concerned and the year in respect of
which the fee is paid shall be quoted
 The annual renewal fees payable in
respect of two or more years may be
paid in advance.
Period Amount
Up to 6 years Rs. 2,000/
year
7-10 years Rs. 6,000/
year
11-15 years Rs. 12,000/
year
16-20 years Rs. 20,000/
year

Trade Marks….
A trade mark is a distinctive sign
or indicator of some kind which is
used by an individual or business
organization to uniquely identify the
source of its products and/or
services to consumers

Advantages of Trade Mark
A trademark enables a customer to
distinguish the product of one manufacturer
from the other.
The trademark becomes an effective
instrument to attract customers and by its
proper use, the trademark acquires goodwill
of customers

What Can be a Trade Mark?
A trade mark can comprise a name,
word, phrase, logo, symbol, design,
image, or a combination of these
elements & It should be ORIGINAL

Well known Trade Marks…….
Coca Cola for soft drink
Toblerone Triangular shaped chocolates

Cond….
Furniture, Refrigerators, Storewell etc.
Bulbs

Term of Trade Mark
The term of a trademark is ten (10)
years from filing date.
It can be renewed further after every
ten (10) years.
Location of Trade Mark Registry Offices
Delhi, Mumbai, Kolkata, Chennai,
Ahmedabad

Thank you!

Kairon

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