PATENTS NOT DIFFICULT DR BHARGAVI GOSWAMI DEPT OF
PATENTS – NOT DIFFICULT DR. BHARGAVI GOSWAMI DEPT OF COMPUTER SCIENCE CHRIST, BANGALORE.
WHAT IS PATENT? A legal protection which gives an inventor the right to exclude others from performing certain activity in the country of issuance. Sanctioned monopoly for a set number of years in exchange for disclosure to the public.
WHY TO PATENT YOUR INVENTION? Source of recognition for the inventor(s) Incentive to develop a commercial product License to an existing company Start up a new company Protection against imitators
WHAT CAN WE PATENT? It Must be: Novel: not previously known or used by others Useful: have a known use or produce a concrete and tangible result. Non-obvious: Can not be found in a single or reasonable combination of patents that would yield a predictable result
WHAT WE CANNOT PATENT? Idea Nature of Law Scientific Principle
Who can patent? A person or a group of people to be eligible to file an application for a patent should either be the "true and first inventor" of the invention or an assignee or legal representative / heir(s) of the "true and first inventor". Can group projects be patented? Yes, but depends on who has worked how much. 1 st Inventor has highest credit, then 2 nd and then 3 rd. Suppose I have given the major contribution to this project, should I include all team members in the patent? Or they have the option to opt out? Can we continue this as our next semester project? Same as research, yes. Still confirm with your Co-ordinator and Lab incharge.
Why Patent and not Publish? What are the benefits of patenting? Transfer of copy right to publisher. Loss to Authors / Inventors. Not patentable later. Already existing online. Risk, someone will copy the idea and convert it to product and patent it. Value of patent is more than publication in Academics / Industry. Life span: Patent 20 years, Publication 5 to 7 years. Patent can be commercialized, publication, cannot be. Income on patent by giving license to third party. Publication citations does not have monetary benefits.
How to write a Patent? Format of the Patent. Abstract Background of the Invention Summary of the Invention Figures with brief descriptions Detailed description or “specification” Fully discloses what the invention is. How it is made? How it can be used? Claim(s): sets the legal boundaries of protection Independent Dependent Fill forms 1, 3, 5, 9, etc… Lets check the example for more details.
Example 1 st Patent: 201841003452 SYSTEM AND METHOD FOR TRANSMISSION. Application ID: 201841003452. Official Journal Indian Patent Office. Issue No. 07/2018. Pg. 70. Date: 16/02/2018. 2 nd Patent: 201841035014 SYSTEM AND METHOD TO SECURE DATA USING SUBSTITUTION BOX. Application ID: 201841035014. Official Journal Indian Patent Office. Issue No. 39/2018. Pg. 36400. Date: 28/09/2018. http: //ipindiaservices. gov. in/publicsearch
TYPES: PROVISIONAL APPLICATION A temporary application which is filed when the invention is not finalized and is still under experimentation. ORDINARY APPLICATION OR NON-PROVISIONAL APPLICATION An application for patent filed in the Patent Office without claiming any priority of application made in a convention country or without any reference to any other application under process in the office is called an ordinary application. An ordinary application must be accompanied with a complete specification and claims. CONVENTION APPLICATION An application for patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries, is called a convention application. In order to get convention status, an applicant should file the application in the Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country. PCT INTERNATIONAL APPLICATION A PCT Application is an international application governed by the Patent Cooperation Treaty, and can be validated in upto 142 countries. A single international patent application can be filed in order to seek protection for an invention in up to 142 countries throughout the world. Very fast processing. Within a year patent gets granted in all the countries. DIVISIONAL APPLICATION When an application made by applicant claims more than one invention, the applicant on his own or to meet the official objection may divide the application and file two or more applications, as applicable for each of the inventions.
Patent Flowchart
Patent Flowchart – Part 1
Patent Flowchart – Part 2
File Patent using Lawyer’s Help
Investment / Cost Fees (INR) Approx. Time Service 10, 000 1 week Extensive Patentability Search Report. 10, 000 1 month Drafting Provisional patent application. 30, 000 3 months Drafting complete patent application. 3, 000 1 week Filing Complete Patent application. 1, 600/Government Fees + 1, 400/- Lawyer’s fees. 5, 000 2 months Early publication of Patent. 2, 500/- Government Fees + 2, 500/- Lawyer’s fees. 10, 000 1 month Request for examination. 4, 000/- Government Fees + 6, 000/- Lawyer’s fees.
Will the University give financial support? Yes, we have a Innovation Cell working on patenting student’s projects. University provides complete financial support for student projects converted in to patents. The cell is lead by Dr SAJI VARGHESE from English Department. Mail id: <saji. varghese@christuniversity. in>
Questions & Answers If I file the patent, will I be given exemption from mandatory publication in scopus indexed journal? Yes, if your patent is published with Indian Journal of Patents and it is online. It’s an 18 months process. It is advisable for fast publication of patent otherwise, paper publication with scopus. If we move out from CHRIST, still we get the benefits? Yes, the way publication stays in your resume wherever you go, same way, patents stay in your resume. At least for 36 months if you do not reach to Application of Examination stage.
Questions already answered. 1. What is a patent? /patenting? Process and its duration? 2. What all can be patented? How to do that? 3. What are the benefits of patenting? 4. Is there any legal procedures involved in this? 5. Can group projects be patented? 6. Is money involved in this process? If yes, then will the University give financial support? 7. Suppose I have given the major contribution to this project, should I include all team members in the patent? Or they have the option to opt out? 8. Can we continue this as our next semester project? 9. If I file the patent, will I be given exemption from mandatory publication in scopus indexed journal? 10. If we move out from CHRIST, still we get the benefits?
Questions? Nothing is impossible.
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