Patent Study Material

Concept of Intellectual Property

Intellectual Property means the property represented by the product/process emanating

from creativity of the human mind, human intellect and creative ideas. It can be an
Invention, original Design, Trademarks, artistic creation etc. In earlier times, physical or
tangible assets like movable and immovable properties fetched the maximum value and
the owner had an exclusive right over it. With the passage of time, new ideas cropped in,
new concepts and means for the progress of mankind were thought of & new inventions
came to the forefront, which brought about industrial, economical and cultural
development in the society.

These new activities acquired the form of intangible assets owing to the inherent and
practical values associated with them. Therefore, another form of property right was
generated which required safeguarding for the owners of those properties. The property
right, pertaining to such intangible assets, is called Intellectual Property Rights, popularly
known as IPR. It share many of the characteristics associated with conventional concept
of the personal property.

The intellectual property is an asset and, as such, it can be bought, sold, mortgaged,
licensed, exchanged or gratuitously given away like any other form of the property.
Further, by acquiring a legal right over the property, the creator of the intellectual property
seeks to ensure that he has exclusive right over it and that the property can be put to use
by others only with his consent. Besides, ownership of Intellectual Property Right is the
legal recognition and reward you receive for your creative efforts, in the context of global
market scenario.
Types of Intellectual Property:

Intellectual Property Rights can be broadly divided into two categories: -

A. Industrial Property:-

Patents, Designs, Trademarks, Geographical Indications

B. Copyright:-

Copyright shall subsist throughout India in

(a) Original literary, dramatic, musical and artistic works;

(b) Cinematograph Films; and Sound Recordings

Industrial property mainly consists of Patents, Designs and Trade Marks and
Geographical Indications.

● Patents are granted for inventions

● Designs for creations determining the aesthetic appearance of products
/ articles.
● The trademarks indicate the origin of goods or services and also enable
customers to distinguish the goods and services of one trader from those
of other, whereas
● Geographical Indication is issued for products that originate from a
specific geographical area and possess characteristics, qualities or
reputation that are due to that origin
● Copyright relates to artistic and literary creation such as poem, novel,
painting, computer software etc. In recent times, the term Intellectual
Property is used to include other forms, such as, plant variety, integrated
circuits etc.
PATENTS

Patent is an exclusive right granted by the Government to the applicant for his disclosed
invention of industrial product or process which should be new, non-obvious, useful and
patentable as per the patentability criteria laid down in the national law. A patent offers
technical solution to a technical problem. In lieu of disclosure of invention, the
Government provides legal protection to the inventions for a limited term for applicant’s
invention. Patents rights can be transfer from inventor to applicant via assignments. The
Government gives the territorial right for the invention in the country where it is granted.

IMPORTANCE OF PATENT RIGHTS

● Patent right is granted for a limited period of time i.e. 20 years from the
date of filing. It gives territorial right, exclusive right and can be enforced
only in the country where it has been granted.
● The patent right may enables the patentee to derive material benefit, to
which he/she is entitled, as a reward for his intellectual efforts and
compensation / royalty for expenses incurred in research and
experimentation relating to his invention.
● Patent right gives protection against infringement and creates possibility
of assigning or licensing of the right and enables the patentee to take
legal action against any person who is exploiting/infringing the patented
invention without consent or license from the patentee. A patentee
acquires the right, enforceable by law, to decide who shall use and who
shall not use his patented invention. Patentee retains this right for the
term of the patent provided applicant pays the necessary renewal fees.
● The grant of patent right by the government does not mean that the
government itself would automatically enforce the patent right. It is up to
the patentee/assignee to bring an action, usually under civil law, for any
infringement of the patent right.
The first telephone was invented and Bluetooth as an option for data transfer.

Patented by Alexander Graham Bell in 1876. Wireless Technology

US Patent Number 174,465 Invented by: Jaap Haartsen

US Patent No.: 6,590,928

Why Patent?

● The purpose of patents is to encourage inventors to make an investment

in time and money in research and development by providing exclusive
rights for a limited time in exchange for an early public disclosure of the
invention.
● Without a protection their invention can be accessed by any third party
and benefited by the exploitation.
● When a patent is granted it excludes others from using, selling, offer to
sell, import and any act of exploitation of the patented invention. Even if
a potential infringer tries to use the patented the invention the patentee
can avail legal help to protect the patented invention.
● Above all these, an inventor can license his invention to a bigger
corporate by obtaining a huge revenue.
Who can file?

Patent Application can be filed by

● An Inventor or
● Legal representative; either in guidance of a patent agent or by own.

Where to file?

Patent application can be file in any of the four offices of the patent in India.

Four patent offices in India are at:-

Patent Office Territorial jurisdiction

New Delhi
The States of Haryana, Himachal Pradesh, Jammu and
Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal,
Delhi and the Union

Territory of Chandigarh.

Chennai

The States of Andhra Pradesh, Karnataka, Kerala, Tamil

Nadu and the Union Territories of Pondicherry and
Lakshadweep.

Mumbai

The States of Maharashtra, Gujarat, Madhya Pradesh,

Goa and Chhattisgarh and the Union Territories of Daman
and Diu & Dadra and Nagar Haveli.
 Kolkata The rest of India.

Or

The patent application is filed Online on online portal of Indian Patent Office’s website.

Eligibility for Patent:

There is a three-part test which determines if an invention is patentable.

The tests are:

1. Is the invention useful? (This is a very easy criterion to satisfy – any use will
suffice.)
2. Is the invention novel? (The invention must be different in some way from previous
inventions.)
3. Is it "unobvious?" (This test is perhaps the most subjective. It is determined by
asking the question "Would a person with ordinary skill in the area of the invention,
and possessing complete knowledge of the prior art, consider that the invention
provides new and unexpected results?")

If the above mentioned three categories get satisfied then one can obtain patent over his
invention.

Section 2(j) of the act define “invention” under the Indian Patents Act; according to
which, an invention is a new product or process involving an inventive step and capable
of industrial application.” such invention protected under the patent law refers to
patented.
Term of Protection:

The term of patent is 20 years from the date of filing; if granted.

Right to exploit the patent:

The patentee enjoys following rights upon grant:

● To prevent 3rd parties, from exploiting the patented invention.

● Right to grant license.
● Power to assign rights or grant license.
● Right to surrender.
● Right to sue for infringement.

Expiry of Patents

A patent expire in following ways:

● It has lived its full term – 20 years.

● Patentee has failed to pay renewal fees.
● Validity of patent has been successfully challenged by opponent in patent office or
courts.

On expiry, invention becomes a part of public domain.

Benefits of Patents

A. Benefits to inventor

Following are benefits to the inventor who holds a patent:

● They get the reward from the government in form of legal rights over their disclosed
invention.
● They get their rights Protected under the provisions of Indian Patents Act, 1970.
● They enjoy Monopoly for 20 years term.
● They can give Licenses for commercializing their invention and earn Royalty
throughout the term.
● They can also sell off their patents by Assignments,
● Royalty
 ● The inventor gets the benefits for 20 years.

B. Benefits to Society

● It provides opportunities of Further Research

● Improvements on the inventions can be thought and researched for; to obtain
better products for the society
● It is a good source to Study claimed technology
● It is possible for new business entrants to get License and manufacture the new
technology
● Economic development is enhanced
● Social development gets progressive through more and more inventions ● Patent
documents become good source of information

Forms:

Various Documents required for Filing of ordinary Patent application in India (as per
Patents Rules). Details of all these forms are freely available on office website
www.ipindia.gov.in.

All the fees given below are online/E-filing fees, if filed by hard copy then 10 % extra fees,
further please see fee schedule in office website.

Forms
Fees for individual/Natural Fees for Other(s), alone or
person(s) or Startups or Small with natural person(s) or
entities or Educational Startup(s) or Small entities
institutions or educational institution(s)/
Company

Fees Rs. 1600/- Rs. 8000/-

Form 1 Application
form with details of
applicant, inventor,
address etc.
Signature of inventor on form 1 i.e. para 12 OR separate deed
of assignment (to be filed within 6 months from filing date) and
send original form 1 by post
Form 2

Provisional Specification (PS) or Complete specification (CS)

In case, PS is filed first then, CS shall be file within 12 months
from the date of filing of PS.
Form 3

Statement and undertaking – i.e. regarding foreign filing details,

If not filed in other country then it may be NIL statement in form
3

Form 5 No fee. Form 5 to be file at the time of filing of CS after PS

Rs. 800 Rs. 4000
Form 8 (Optional)
Mention Inventor
name on Patent
certificate
Rs. 2500 Rs. 12500
Form 9 (Optional)
Request for Early
publication
Rs. 4000 Rs. 20000
Form 18 Request
for Examination to
be filed within 48
months from filing
/priority date
whichever is earlier
 Form 18A
(Expedited Rs. 8000 (see eligibility in form)
examination) Rs. 60000 (see eligibility in
form)

If at the time of filing of form 18 A the application is not

published, then form 9 need to be filed.

Power of Attorney Form 26 on proper stamp paper is required in case the

(optional) application is filed through a registered patent agent.
* All forms shall be signed by the applicant / authorized registered patent agent.

Form 2- i.e. Contents of Provisional / Complete Specification (it may change as per
requirement)

1) Title of Invention

2) Field of invention

3) Prior art and its drawbacks / problems /purpose (Compare prior art & present
invention)

4) Aims / Objectives of invention

5) Summary / Statement of the invention

6) Brief description of drawings (if any)

7) Details of biological material, if it is used in specification [for details please see

section 10(4) of Patent act & rule 9]

8) Sequence listing (if any)

9) Detailed description of the invention/working of invention with reference to

drawings/charts (if any)

10) Working examples for best method of the invention / explain each figure or each
embodiment
 11) Advantages of Inventions / applications – utility

12) Claim (s) - Most important part (claims are not required in case of provisional
specification)

13) Drawings (if any)

14) Abstract of invention – (technical advancement of the invention as compared to

the existing Knowledge in 150 words, with figure, if any)

Application can be filed online or physically. In case of physical filing all necessary forms
need to be submitted at the appropriate Patent office along with DD for fees drawn in
favor of “Controller of Patents”, payable at respective location of the office.

PATENT SEARCH:

Various Free Patent Search sites are available for patent search such as:-

1. https://ipindiaservices.gov.in/publicsearch

2. https://patents.google.com

3. https://worldwide.espacenet.com/advancedSearch?locale=en_EP

4. http://appft.uspto.gov/netahtml/PTO/search-adv.html

5. https://www.lens.org/lens/search/patent/structured

Search query

Search query is a structured command to search prior art from patent/non-patent

databases, comprising key words (with synonyms, alternate spellings etc.),
classifications, suitably connected by operators. A group of search queries prepared by
the examiner to obtain relevant citations in respect of novelty, inventive step etc. is called
search strategy and will be indicative of the efforts made to retrieve prior art. Search is an
iterative process through which an examiner by trial and error tries to find out the most
appropriate citations as he deems fit.
The language of search

Let us assume that we have to find prior art for “Bat for killing mosquitoes using electric
potential”.

Keywords

Bat, Kill, Mosquito and Electric potential

If the key words alone are used to search for prior art then the results will be either too
many or none. Therefore the patent Classification and words in suitable combination, one
can find prior art in shortest possible time. If the key words are located far away in the
documents we are looking for, it is quite possible that the document/s may not be useful.
But if the key words of the search query are located closer it is more probable that the
document/s retrieved will be relevant to what we are searching for.

Operators

Operators help in positioning key words at proper place, which determine the relevancy
and the number of the results we are searching for, using the keywords.

Operators are of kinds: Proximity and Boolean operators.

Boolean operators: determine what key words should be present.

OR Finds records containing at least one of the words

AND Finds records containing both (All) words

NOT The first term without the second term

Proximity operators:

(A and B separated by n words, A and B separated by n paragraphs, A and B separated

by n lines, n being 1 or more. A,B are the technical features we are looking for) determine
the spacing between key words. One has to vary Proximity operators (i.e spacing
between) as per the results obtained. Root words should be used to obtain more but
relevant results. Modern computing techniques enable retrieving results by searching for
root words in patent databases.
F The terms in the same field

S The terms in the same sentence

P The terms in the same paragraph

D The terms adjacent in any order

nD The terms adjacent, regardless of the order, separated by a maximum of n words

(n

value between 1 and 99)

=nD The terms adjacent, regardless of the order, separated by exactly n words (n value
between 1 and 99)

W The terms adjacent in the order specified; treatment applied by default for two

terms entered without operator

nW The adjacent terms in the order specified and separated by a maximum of n words

(n value between 1 and 99)

_ The underscore allows for simultaneous searching of terms that may be written as one
or two words. It will also retrieve results where there is a hyphen between terms. It can
also be used in chemical formulas.

Parentheses Parentheses (nesting) are necessary when combining different

operators

Stemming:

A Root word “Destroy” can be used as “destroyed /destroying/destroy” for the purpose of
prior art search. Therefore one has to use the root word (destroy) to capture all possible
ways using a word to retrieve prior art. For example if a document teaches “An insect
destroying implement powered by electric voltage” that will certainly be relevant to the
example we have chosen. One Boolean operator should be used very sparingly “AND” is
implicit when we use Proximity operators. “And” if used instead of proximity operators,
will give so many non-relevant documents.
Classification:

Classification is a tool to overcome differences in human expression/s & language/s and

is an alphanumeric representation to index as well as retrieve relevant documents from
the databases.

Examples

Title: AUTO DISABLED SYRINGE

Claim:

1. A auto disabled disposable syringe, comprising:

a needle to administer a drug solution into a human body; a hub

to support the needle; a hollow barrel having a tip such that the

hub is fitted over the tip;

a piston moving while being in close contact with an inner wall of the barrel, thus
dispensing the drug solution from the barrel through the tip; and

a plunger rod connected to the piston via a connection part, and moving the piston,
wherein the piston comprises a protrusion protruding toward the needle, with a locking
step provided on the protrusion, and the hollow tip comprises a locking groove, so that,
when the drug solution has been completely administered into the human body, the
protrusion is inserted in the tip and the locking step thus engages with the locking groove,
and

the connection part comprises a thin member having a predetermined strength, the
strength being set so that the connection part is broken, when the locking step engages
with the locking groove and the plunger rod is thereafter pulled, the connection part
connecting facing surfaces of the piston and the plunger rod to each other, with one or
more projections being provided on at least one of facing surfaces of the piston and the
plunger rod such that the surfaces are in partial contact with each other.

((DISABL+) P (SYRINGE OR HYPODERM+) P (NEEDLE OR BARREL) P (PISTON OR

PLUNGER) P (PROTRU+ OR EXTEN+) P (LOCK+) P (GROOVE OR CHANNEL OR
FURROW))/CLAIMS/DESCRIPTION/OBJECTIVE/TEXT/ABSTRACT

((DISABLE+) P (SYRINGE OR HYPODERM+) P (NEEDLE OR BARREL) P (PISTON OR

PLUNGER) P (PROTRU+ OR EXTEN+) P (LOCK+) P (GROOVE OR CHANNEL OR
FURROW))/ CLAIMS/DESCRIPTION/OBJECTIVE/TEXT/ABSTRACT AND
(A61M-005/00 OR A61M- 005/178 OR A61M-005/31 OR A61M-005/315 OR A61M-
005/32 OR A61M-005/34 OR A61M-005/50)/IPC

(Shortlisting the results by putting the relevant classification from IPC [can be any
classification like CPC, ECLA etc].

((DISABLE+) P (SYRINGE OR HYPODERM+) P (NEEDLE OR BARREL) P (PISTON OR

PLUNGER) P (PROTRU+ OR EXTEN+) P (LOCK+) P (GROOVE OR CHANNEL
OR FURROW))/ CLAIMS/DESCRIPTION/OBJECTIVE/TEXT/ABSTRACT AND
PUBLICATION_DATE <= 2004-06- 22

(((DISABLE+) P (SYRINGE OR HYPODERM+) P (NEEDLE OR BARREL) P (PISTON

OR PLUNGER) P (PROTRU+ OR EXTEN+) P (LOCK+) P (GROOVE OR CHANNEL OR
FURROW))/ CLAIMS/DESCRIPTION/OBJECTIVE/TEXT/ABSTRACT AND ((PISTON) P
(BREAK OR DISENGAGE))/CLAIMS) AND PUBLICATION_DATE <=
2004-06-22

(Here publication date filter is used, Finding the documents which may be relevant to our
invention under examination)

(((DISABLE+) P (SYRINGE OR HYPODERM+) P (NEEDLE OR BARREL) P (PISTON

OR PLUNGER) P (PROTRU+ OR
EXTEN+))/CLAIMS/DESCRIPTION/OBJECTIVE/TEXT/ABSTRACT AND ((PISTON) P
(BREAK OR DISENGAGE))/CLMS ) AND PUBLICATION_DATE <= 2004-06-22

( ((DISABLE+) P (SYRINGE OR HYPODERM+) P (NEEDLE OR BARREL) P (PISTON

OR PLUNGER) P (PROTRU+ OR EXTEN+))/
CLAIMS/DESCRIPTION/OBJECTIVE/TEXT/ABSTRACT AND ((PISTON) P (BREAK
OR DISENGAGE))/CLAIMS ) AND PUBLICATION_DATE <= 2004-06-22

( ((DISABLE+) P (SYRINGE OR HYPODERM+) P (NEEDLE OR BARREL) P (PISTON

OR PLUNGER) P (PROTRU+ OR EXTEN+))/
CLAIMS/DESCRIPTION/OBJECTIVE/TEXT/ABSTRACT AND ((PISTON) P (BREAK
OR DISENGAGE) P (LOCK+ OR GROOVE))/CLAIMS) AND PUBLICATION_DATE <=
2004-06-22

((SYRINGE OR HYPODERM+) P (PISTON) P (BREAK OR DISENGAGE) P (LOCK+ OR

GROOVE))/ CLAIMS/DESCRIPTION/OBJECTIVE/TEXT/ABSTRACT AND
PUBLICATION_DATE <= 2004-06-22

Patent Examples including drawing, specification and description:

1. Method of Converting Carbon Dioxide into Carbonyl Compounds: Click here

2. Pop-Up Camera Module and Mobile: Click here

3. Mixed Reality Platform: Click here

4. Apparatus and Method to Maximize the Display Area of a Mobile Device: Click here

5. Unmanned Fire Suppression System For Indian Railways: Click here, Drawing

6. Fuel Tank for a Scooter Type Motorcycle: Click here

7. Bio-Degradable Pen from Crop Residue and a process of manufacturing the same:
Click here

8. An Apparatus and Method for Testing of Clinical Chemistry and Coagulation and
 Elisa: Click here

9. A Product Warranty Lifecycle Management System and a Method to Operate the

Same: Click here, Drawing

Patent Database:

1. India: https://ipindia.gov.in/patents.htm

2. USA: https://www.uspto.gov/patents

3. European: https://worldwide.espacenet.com

4. WIPO: https://patentscope.wipo.int/search/en/search.jsf

5. Google: https://patents.google.com

6. Australia: https://www.ipaustralia.gov.au

7. Japan: https://www.jpo.go.jp/e

8. China: https://english.cnipa.gov.cn

9. Paid data: https://patseer.com

10. Paid data: https://www.patsnap.com

11. Paid data: https://www.patentinspiration.com

12. Paid data: https://www.patbase.com

Future of the Product/Process which is patented : Patents provide value for

a business and protect a company's future. A company with minimal revenue can attract
significant investors if the company owns patents that project the probability of future
earnings. Patent protection correlates with value and product credibility.