PATENT ?

Administered by The Patent act 1970 A MONOPOLY RIGHT GRANTED

BY THE GOVT. FOR inventions relating to new & inventive

Processes & Products FOR 20 years

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WHAT CAN BE PATENTED ?

ALL PROCESSES & PRODUCTS WHICH ARE NEW INVOLVING INVENTIVE STEP CAPABLE OF INDUSTRIAL APPLICATION

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NEW
MEANS

SHOULD NOT BE
I.

PUBLISHED IN INDIA OR ELSEWHERE

IN PRIOR PUBLIC KNOWLEDGE OR PRIOR PUBLIC USE WITH IN INDIA OR ELSEWHERE IN THE WORLD III. CLAIMED IN ANY CLAIMS IN ANY SP. FILED IN INDIA PRIOR & PUBLISHED LATER
II.
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INVENTIVE STEP
1. A FEATURE THAT MAKES

INVENTION NOT OBVIOUS TO A PERSON OF ORDINARY SKILL IN THE ART 2. A TECHNOLOGICAL ADVANCEMENT TO THE EXISTING ART OR

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Inventive step
Present invention A hardening composition comprising: (i)Unsaturated polyester resin (ii) hardening accelerator containing cobalt metal soap (iii) methyl ethyl ketone peroxide as hardener
Cited doc. I A hardening composition comprising (i) unsaturated polyester resin (ii) hardening accelerator containing three component cobalt metal soap,calcium metal soap & copper metal soap (iii) tertiary butyl perbenzoate as a hardener Cited doc. II A method of hardening of unsaturated polyester resin using peroxides such as methyl ethyl ketone peroxide, tertiary butyl perbenzoate which can function as a hardener

Present invn. is novel compared to cited docs I & II Lacking inventive step: as a person of ordinary skill in the art can conceive the idea of using Methyl Ethyl Ketone Peroxide as hardener from the doc. II 5 May 2012 5

INDUSTRIAL APPLICATION MEANS

INVENTION IS
CAPABLE OF BEING MADE OR CAPABLE OF BEING USED IN

AN INDUSTRY

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NON PATENTABLE INVENTION:

FRIVOLOUS INVENTIONS INVENTIONS CONTRARY TO WELL ESTABLISHED NATURAL LAWS

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NON PATENTABLE INVENTION:

THE INVENTIONS, COMMERCIAL EXPLOITATION OR PRIMARY USE OF WHICH IS:
> > > o o o o

CONTRARY TO PUBLIC ORDER IMMORAL PREJUDICE TO HUMAN HEALTH & LIFE ANIMAL HEALTH & LIFE PLANTS ENVIRONMENT
8

5 May 2012

NON PATENTABLE INVENTION:

DISCOVERY OF
> 1. SCIENTIFIC PRINCIPLE > 2. FORMULATION OF ABSTRACT THEORY > 3. LIVING THING OCCURING IN NATURE > 4. NON LIVING THING OCCURING IN NATURE

5. NEW PROPERTY > 6.MERE NEW USE OF KNOWN SUBSTANCE /PROCESS/MACHINE /APPARATUS 7. NEW FORM OF A KNOWN SUBSTANCE
>

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NON PATENTABLE INVENTION: MERE CHEMICAL ADMIXTURES & PROCESSES RESULTING MERE ADMIXTURES ARRANGEMENT, REARRANGEMENT OR DUPLICATION OF KNOWN DEVICES METHODS OF AGRICULTURE METHODS OF HORTICULTURE
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NON PATENTABLE INVENTION:

METHODS OF TREATMENT
OF HUMAN BEINGS OF ANIMALS

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11

NON PATENTABLE INVENTION: PLANTS & ANIMALS IN WHOLE PARTS OF PLANTS & ANIMALS SEEDS VARITIES & SPECIES ESSENTIALLY BIOLOGICAL PROCESSES FOR PROPAGATION OR PRODUCTION OF THE ANIMALS & PLANTS
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NON PATENTABLE INVENTION:

MATHEMATICAL METHODS
T.V. PRODUCTIONS COMPUTER SOFTWARE PER SE BUT INDUSTRIAL APPLICATION & SOFTWARE WITH HARDWARE ARE PATENTABLE

BUSINESS METHODS

PROTECTABLE BY COPYRIGHT
DRAMATIC WORK CINEMATOGRAPHIC WORKS

MUSICAL WORK

ARTISTIC WORK

AESTHETIC CREATIONS

LITERARY WORK

ALOGRITHMS

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13

SOFTWARE PATENTING
COMPUTER PROGRAMME PER SENO COMP.SOFTWARE WITH H/W YES TECHNICAL APPLICATION OF SOFTWARE TO INDUSTRY--YES

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14

NON PATENTABLE INVENTION:

METHOD OF PERFORMING MENTAL ACT SCHEME OR RULE OF PERFORMING MENTAL ACT

METHOD OF PLAYING GAME

NON PATENTABLE INVENTIONS

PRESENTATION OF INFORMATION

AGGREGATION OR DUPLICATION OF TRADITIONALLY KNOWN COMPONENTYS

TOPOGRAPHY OF INTEGRATED CIRCUITS 5 May 2012

TRADITIONAL KNOWLEDGE 15

NON PATENTABLE INVENTIONS Sec 4

INVENTIONS RELATING TO EXTRACTION, PREPARATION, BENEFICIATION OF ORES RELATING TO SUBSTANCES, COMPOUNDS USEFUL TO PRODUCE ATOMIC ENERGY SECTION 20(1) OF THE ATOMIC ENERGY ACT 1962

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16

NON PATENTABLE INVENTIONS Sec 4

LIST OF PRESCRIBED SUBSTANCES
URANIUM THORIUM RADIUM ZIRCONIUM GRAPHITE BERYLLIUM LITHIUM DEUTERIUM PLTONIUM NEPTUNIUM
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PRODUCT PATENTS ALLOWED FROM 1.1.2005

DRUG FOOD COMPOSITIONS 5{1(a)}

DRUG FOOD SBSTANCES

5{1(a)}

CHEMICAL COMPOSITIONS INVOLVING CHEMICAL REACTIONS

5{1(b)} ALLOYS, OPTICAL GLASSES, SEMICONDUCTORS, INTERMETALLIC COMP. 5{1(b)}

CHEMICAL PRODUCT PER SE5{1(b)}

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18

PRODUCT PATENTING ?
YES BUT NO TO ISOMERS,SALTS,ESTERS,POLYMORPHS ,COMPLEXES,DERIVATIVES, HOMOLOGUES,METABOLITES, PURE FORMS ( PATENTABLE IF THESE HAVE IMPROVED INDUSTRIAL
APPLICATION)

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19

PROTECTION FOR PRODUCT PATENT APPLICATIONS FILED AFTER 1.1.1995 REQ. FOR EXAMN:TIMELIMIT 48 MONTHS FROM DATE OF FILING OR 12 MONTHS FROM 1.1.2005 WHICHEVER LATER DAMAGES RECOVERABLE ONLY FOR THE PERIOD COMMENCES AFTER GRANT OF PATENT

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20

DEFENCE RELATED INVENTION

SECRECY DIRECTIONS ARE ISSUED REVIEWED 6 MONTHLY NO PUBLICATION TILL CESSATION OF SEC. DIRECTION NO PUB.=NO PATENT

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21

REVOCATION
REVOCATION
BY CONTROLLER OF PATENTS
ON APPLICATION FROM THE PERSON INTERESTED OR FROM CENTRAL GOVT. FOR NON WORKING OF PATENT IN INDIA

BY THE HIGH COURT

ON PETITION BY THE INTERESTED PARTY ON CERTAIN SPECIFIED GROUND

BY THE CENTRAL GOVT.

PATENT RELATES TO ATOMIC ENERGY SUBSTANCE & IF THE PATENT IS NOT IN PUBLIC INTEREST

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22

Compulsory licenses
After 3 years from GRANT to Any interested person Controller can grant compulsory license on certain Grounds: Reasonable requirements of the public w.r.t. patented invention have not been satisfied; Patented invention is not available to the public at a reasonable prices Patented invention is not worked in india

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Compulsory licenses
The Central govt. can direct to the controller to grant compulsory license at any time after sealing of the patent to any interested party in circumstances:
National emergency

Extreme urgency
Public non commercial use

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24