8/6/2019 NIIPM - Basics of Patent
1/24
Tulika Rastogi
Associate
SKS Law Associates
BASICS of PATENTS
8/6/2019 NIIPM - Basics of Patent
2/24
Presentation Map
SKS LAW ASSOCIATES 20102
y Basics of a patent
yCriteria of Patentability
y What is not patentable
8/6/2019 NIIPM - Basics of Patent
3/24
Basics of Patent
SKS LAW ASSOCIATES 20103
8/6/2019 NIIPM - Basics of Patent
4/24
Need for Patent
SKS LAW ASSOCIATES 20104
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
8/6/2019 NIIPM - Basics of Patent
5/24
What is a Patent?
SKS LAW ASSOCIATES 20105
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
8/6/2019 NIIPM - Basics of Patent
6/24
SKS LAW ASSOCIATES 20106
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
8/6/2019 NIIPM - Basics of Patent
7/24
What is an Invention?
SKS LAW ASSOCIATES 20107
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.
8/6/2019 NIIPM - Basics of Patent
8/24
Patents: Some Examples
SKS LAW ASSOCIATES 20108
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.
8/6/2019 NIIPM - Basics of Patent
9/24
Contd.
SKS LAW ASSOCIATES 20109
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.
8/6/2019 NIIPM - Basics of Patent
10/24
SKS LAW ASSOCIATES 201010
Criteria of Patentability
Novelty
Inventive step
Industrial Applicability
Patentable Subject matter (r/wS.3,4,10(4)(d)(ii)(D))
8/6/2019 NIIPM - Basics of Patent
11/24
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
8/6/2019 NIIPM - Basics of Patent
12/24
Novelty
SKS LAW ASSOCIATES 201012
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;
8/6/2019 NIIPM - Basics of Patent
13/24
SKS LAW ASSOCIATES 201013
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
8/6/2019 NIIPM - Basics of Patent
14/24
Exceptions
SKS LAW ASSOCIATES 201014
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)
8/6/2019 NIIPM - Basics of Patent
15/24
Inventive Step (Non-obviousness)
SKS LAW ASSOCIATES 201015
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
8/6/2019 NIIPM - Basics of Patent
16/24
SKS LAW ASSOCIATES 201016
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.
8/6/2019 NIIPM - Basics of Patent
17/24
Industrial Applicability
SKS LAW ASSOCIATES 201017
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
8/6/2019 NIIPM - Basics of Patent
18/24
SKS LAW ASSOCIATES 201018
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
8/6/2019 NIIPM - Basics of Patent
19/24
What are not inventions ?
SKS LAW ASSOCIATES 201019
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))
8/6/2019 NIIPM - Basics of Patent
20/24
SKS LAW ASSOCIATES 201020
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))
8/6/2019 NIIPM - Basics of Patent
21/24
SKS LAW ASSOCIATES 201021
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))
8/6/2019 NIIPM - Basics of Patent
22/24
SKS LAW ASSOCIATES 201022
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))
8/6/2019 NIIPM - Basics of Patent
23/24
Inventions Not Patentable
SKS LAW ASSOCIATES 201023
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
8/6/2019 NIIPM - Basics of Patent
24/24
SKS LAW ASSOCIATES 201024
Thank you
Top Related