WELCOME TO ALL DELEGATES By N Ramchander EXAMINER

WELCOME TO ALL DELEGATES By N. Ramchander, EXAMINER OF PATENTS AND DESIGNS Patent Office, Mumbai Govt. of India

Organizational Chart CONTROLLER GENERAL OF PATENTS, DESIGNS , TRADE MARKS AND GI, M/O. INDUSTRY AND COMMERCE PATENT OFFICE GRANT OF PATENTS AND REGISTRATION OF DESIGNS CALCUTTA PATENT INFORMATION SYSTEM TRADE MARKS REGISTRY DOCUMENTATION INCLUDING RERIEVAL AND TDISSEMINATION OF INFORMATION CONTAINED IN PATENT DOCUMENTS REGISTRATION OF TRADE MARKS MADRAS MUMBAI NEW DELHI CALCUTTA MADRAS NAGPUR AHMEDABAD NEW DELHI MUMBAI

The Patent Office, Todi Estate, 3 rd Floor, Sun Mill Compound, Lower Parel (West), Mumbai – 400 013, Ph. No. 022 -24924058, 24925092 Fax No. 022 -24950622 Email: patmum@vsnl. net Web site: www. ipindia. nic. in

Type of Intellectual Property Rights • • • Patents Industrial Designs Trademarks Geographical Indications Copyright and Related Rights Layout-Designs (Topographies) of Integrated Circuits • Protection of undisclosed Information • Control of Anti-Competitive Practices in Contractual Licenses

INDUSTRIAL PROPERTY PATENTS DESIGNS TRADE MARKS Inventions relating Any modification in WORD SHAPE to NAME CONSTRUCTIONAL PATTERN LOGO CONFIGURATION FEATURES Is register able e. g. Safety Valve Mechanism of a PRESSURE COOKER e. g. Shape of a HANDLE or BODY PORTION of a Pressure Cooker e. g. for same Pressure Cooker “PRESTIGE” “HAWKINS” “MAHARAJA” GEOGRAPHICAL INDICATIONS : Which is a Notice stating that a given product originates in a given geographical area, e. g. Oranges from NAGPUR

What rights a Patent confers on the patentee If the patent is for a product : - the right to prevent others from - making - using - offering for sale - selling - importing the patented product

What rights a Patent confers on the patentee If the patent is for a process : - the right to prevent others from - using the process - offering for sale the product using the process - selling the product using the process - importing the product using the process

Are Patents Necessary ? Patents provide incentives to individuals by offering them recognition for their creativity and material reward for their marketable inventions. These incentives encourage innovation which assures the quality of human life is continuously enhanced.

What is Invention Under Section 2(1)(j) “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”, in relation to an invention, means that the invention is capable of being made or used in an industry.

Non Patentable Inventions [Under Section 3] a) An invention which is frivolous or which claims anything obvious contrary to well established natural laws; eg. like perpetual motion machine giving output without input. b) 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; eg: - an apparatus for gambling or burgling or foodadulteration. c) the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living things or non-living substance occurring in nature; eg: - mathematical formula of Einstein theory.

d) 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; eg: - Shoe polish, paracetamol e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance; Eg: - paracetamol+ibuprofen , sugar+color f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; eg: - bucket+torch+clock+transistor in a single cabinet.

g) Deleted in new Act h) i) a method of agriculture or horticulture; any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human being 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; eg: method of treating malignant tumor cells.

j) Plants or animals in whole or any part thereof other than micro-organisms, but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals. k) Mathematical or business method or computer program per se , algorithms. l) A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions. m) A mere scheme or rule or method of performing mental act or method of playing games. n) Presentation of information o) Topography of integrated circuits;

p) an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components’.

Atomic Energy Related Inventions Not Patentable (Under Section 4) No patent shall be granted in respect of an invention relating to Atomic energy falling within sub section (1) of section 20 of the Atomic Energy Act, 1962. e. g. Inventions relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as notified by Central Government from time to time.

WHAT IS INVETION ? IT MEANS : A new product or process involving an inventive step and capable of industrial application. Here, Inventive step means : a feature that makes the invention not obvious to a person skilled in the art.

INVENTION “CAPABLE OF INDUSTRIAL APPLICATION” INVENTION SHALL BE SUSCEPTIBLE OF INDUSTRIAL APPLICATION IF IT CAN BE USED IN ANY KIND OF INDUSTRY. INVENTION MUST RELATE TO A TECHNICAL FIELD & SHOULD INVOLVE A SOLUTION TO A TECHNICAL PROBLEM. THUS, TECHNICAL FEATURES OF THE INVENTION SHOULD BE CLAIMED IN CLAIMS.

Type s of Patent Applications 1. Ordinary application(sec. 9 & 10) 2. 3. (i) application with provisional specification (ii) application with complete specification 2. Convention application (sec. 10 & 135) 3. PCT National Phase Application (Rule 20) 4. PCT international Application.

CONTENTS OF PATENT APPLICATION Application on FORM 1 & Fees Provisional Specification to be followed by Complete Specification Drawings Abstract of Invention Declaration of Inventor ship on FORM 5 Information & Undertaking of Foreign Filings as required u/s 8 Complete Specification contains Title of Invention Field of invention Back ground / prior art Object of the invention Description w. r. t. Drawings or Examples Protection Claimed in Claims

PROVISIONAL SPECIFICATION SHOULD CONTAIN THE DESCRIPTION OF THE ESSENTIAL FEATURES OF THE INVENTION NO NEED TO INCLUDE CLAIMS & DETAILS OF THE MANNER OF PERFORMING INVENTION

Indian Patent Applications Fees Sr. No. On what payable From No. Natural Person(s) Fees for other than natural Person(s) 1 Application for Patent Sheets/Claims 1 Rs. 1000/Rs. 100/200 Rs. 4000/Rs. 400/800/- 2 Examination Request 18 Rs. 2500/- Rs. 10000/- 3 Early Publication Request u/s 11(A)(2) 9 Rs. 2500/- Rs. 10000/-

Filing a Patent Application in INDIA FEES: Natural Person/s Rs. 1000/Otherwise Rs. 4000/- Filing of patent application on Form-1 With Pro. Specification Filing Complete Within 12 Months after Provisional 18 M Publi shed With Complete Specification Early publication Request FEES: Natural Person/s Rs. 2500/Otherwise Rs. 10000/- NO REQUEST for EXAMINATION Application ABANDONED on Form-18 Within 36 mths of filing application. F. E. R. Issued. EXAMINATION

F. E. R. ISSUED Re-filing Amended Documents to comply with requirements. Re-Examination of Amended Docs. /Hearing s. Further Objections by the Examiner Not met Within 6+3 mths. ABANDONED All requirements are met within 6+3 months from issue of F. E. R. Patent Granted

Further Objections by the Examiner Hearing by Controller Amended in Order All requits. met in 6+(3) Mns of FER. Patent Granted If no opposition Refused Appeal in High Court Allowed Refused ABANDONED Opposition Pre grant opposn within 3 months from publication Appeal to High Court Appeal Allowed Post Grant Opposition u/s 25( 12 Mn from Date of Publication Hearing by the Controller Opposition Allowed Opposition Dismissed

PATENT GRANT RENEWAL FEES DEMAND FEES STRUCTURE NATURAL PERSON/S 2 nd – 5 th YEAR Rs. 500/- 6 th -9 th YEAR Rs. 1, 500/- 10 th-14 th. YEAR Rs. 3000/- 15 th-20 th. YEAR Rs. 5000/- OTHER THAN NATURAL PERSON/S Rs. 2000/Rs. 6000/Rs. 12000/Rs. 20000/-

Thanks to You All for Your Kind Attention