NIIPM - Basics of Patent

8/6/2019 NIIPM - Basics of Patent

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Tulika Rastogi

Associate

SKS Law Associates

BASICS of PATENTS


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Presentation Map

SKS LAW ASSOCIATES 20102

y Basics of a patent

yCriteria of Patentability

y What is not patentable


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Basics of Patent



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Need for Patent


y Provides incentives to inventors encourage innovation

y By offering recognition

y Material reward for marketable inventions

y

Currency for negotiations

y Transfer and dissemination of technology

y

Knowing the market

y Knowing the internal strength


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What is a Patent?


y S.2(1)(m) of the Patents Act, 1970

A patent for anyinvention granted under this Act

y

Granted for an invention a product or process that providesa new way doing something, or offers a new technical

solution to a problem.

y Provides protection for the invention to the owner


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Contdy Exclusive right granted by the Government in exchange of

sufficient disclosure of the invention

y Protection for limited period - 20 years from the date of

filing/priority, whichever is earlier

y Territorial protection


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What is an Invention?


y S.2(1)(j) of the Patents Act, 1970

means a new product or process involving an inventive step and

capable of industrial applicationy Technical solution to a technical problem

y Not necessarily a complex item

o

Safety Pin solved an existing technical problem.


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Patents: Some Examples


Patents that have changed the world:

Edisons electric bulb - Patent number: US 223,898. Velcro - Patented in 1951, when Swiss Engineer George de

Maestral took his dog for a walk.


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Contd.


y Patents for simple technologies:

o Post-it notes: invented by chance. Glue used in it was a failure,however, creative use by the manager, made the company

change its portfolio from mining and manufacturing tostationary

o The inventor licensed the system for opening Coca-Cola cans at1/10 of a penny per can. During the period of validity of the

patent the inventor obtained 148,000 UK pounds a day onroyalties.


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Criteria of Patentability

Novelty

Inventive step

Industrial Applicability

Patentable Subject matter (r/wS.3,4,10(4)(d)(ii)(D))


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Criteria of Patentability

S.(2)(1) invention2(1)(ja) inventive step

2(1)(ac) capable of industrialapplication

Patents Act, 1970

S.3, S. 4, S. 10Plants and animals

Methods of treatment of

animals and humans

Traditional KnowledgeComputer program per se

Business Methods

New use of a known substance

New form of a known substance

I N V E N T I O N S

I N N O V A T I O N S


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Novelty


y New Characteristic

y Not part of existing knowledge in the technical field

yNot defined explicitly in Act

y S.2(1)(l) ofThe Patents Act, 1970 new invention means any invention or technology which has not

been anticipated by publication in any document orused in

the country or elsewhere in the worldbefore the date of filing of

patent application with com plete specification, i.e., the subject

matter has not fallen in public domain or that it does not

form part of the state of the art;


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Contd

y Absolute Novelty - not published and used anywhere

y Relative novelty - not published anywhere and not used

in the country

y Territorial novelty - not published and used within the

country eg. Bangladesh, Nepal


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Exceptions


y Invention published without the consent of inventor (S.29)

y Previous communication to govt. (S.30)

y

Display in an exhibition notified by the central govt.y Reading the paper before the learned society grace period

12 months (S.31)

y Public working for reasonable trials (S.32)


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Inventive Step (Non-obviousness)


y S.2(1)(ja) of The Patents Act, 1970

means a feature of an invention that involves technical advance as

compared to the existing knowledge or having economic significanceor both and that makes the invention not obvious to a person

skilled in the art


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Contdy A new characteristic of invention that could not be easily

presumed by an average person of that technical field.

y Should overcome-long felt need.


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Industrial Applicability


y S.2(1)(ac) of The Patents Act, 1970

Capable of industrial application, in relation to an invention, means

that the invention is capable of being made or used in an industry


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Contdy Invention can be made or used in any kind of industry

y Must have a practical use

y Cannot be just an idea or theory


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What are not inventions ?


y Frivolous invention or which claims anything obviously

contrary to well established natural laws (S. 3 (a))

y Invention contrary to public order or morality or causes

serious prejudice to human, animal or plant life or health or

environment (S.3(b))

y Mere discovery of a scientific principle or formulation of

abstract theory or discovery of any living or non-living thing

in nature (S.3(c))


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Contd

y Mere discovery of new form of known substance or mere discovery of

any new property or new use for a known substance or new use of a

known process, machine or apparatus unless it results in a new product

or employs at last one new reactant (S.3 (d))

y Mere admixture or process for producing such substance (S.3 (e))

y Mere arrangement or rearrangement or duplication of known devices

each functioning independently of one another in known way (S.3 (f))

y Method of agriculture/ horticulture (S.3(h))


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Contd

y Method of treatment of human beings or animals (S.3(i))

y Plants and animals in whole or any part thereof excluding

micro-organisms and essentially biological processes for

production or propagation of plants and animals (S.3(j))

y Mathematical or business method or computer program per se

or algorithms (S.3(k))

y Literary, dramatic, musical or artistic work or any other

aesthetic creation (S.3(l))


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Contd

y Mere scheme or rule or method of performing mental act or

method of playing games (S.3(m))

y

Presentation of information (S.3(n))y Topography of integrated circuits (S.3(o))

y Invention which is traditional knowledge or which is an

aggregation or duplication of known properties oftraditionally known components (S.3(p))


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Inventions Not Patentable


y Inventions relating to atomic energy (S.4)

y Referred to the Department of Atomic Energy

y Decision is final

y No appeal lies on the order passed by the Department of

Atomic Energy


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Thank you

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