SCOPE OF PATENT

RIGHTS
Yadav Krishnamurthy
REG NO: 2022617001
M.E.- I YEAR
Research Methodology & IPR
CONTENTS
• Meaning & Definition
• Steps to obtain patent Right
• Conclusion
MEANING
• A patent is a set of exclusive rights granted by a sovereign state to an
inventor or assignee for a limited period of time in exchange for
detailed public disclosure of an invention
• An invention is a solution to a specific technological problem and is a
product or a process
• Patents are a form of intellectual property
• One should note that patent rights are territorial in nature , and
therefore it is effective only within the territory of India
• This means if a patent is filed in India, and not filed in USA, then in this
case anyone in USA is free to use the technology patented only in India
• Therefore , separate patents should be obtained in each country where
the applicant requires protection of his invention in those countries
• Another route is to file international application under Patent
Cooperation Treaty (PCT) in India
• The patent offices are located at Kolkata, Chennai, Mumbai and Delhi
all these offices act as receiving office(RO) for International application
DEFINITION

• A government license that gives the holder exclusive rights to a

process, design or new invention for a designated period of time.
Applications for patents are usually handled by a government agency
STEPS TO OBTAIN PATENT RIGHT
• Determine Marketability of your Invention & Conduct your Own
Personal Market Research
• Conduct Worldwide Patent Search
• File a Provisional Application
• File Complete Patent Application
• Follow the Patent Deadline Dates Judiciously
DETERMINE MARKETABILITY OF YOUR INVENTION
& CONDUCT
YOUR OWN PERSONAL MARKET RESEARCH
• If you are looking to protect your research or innovation technology from being
copied by a competitor or any other third party , you first need to determine
marketability of your invention, and conduct your own personal market research
• Patent process is a costly affair for individual inventors, so it is very important for
the inventor to figure out whether potential consumers will have any interest in
the technology which might an innovative processes and methods, machines,
articles of manufacture , compositions of matter, and product or device
• If the investor or the research based company has been able to determine the
viability and have identified the market for the technology, they should
thereafter prepare their own invention disclosure document
THE DOCUMENT SHOULD INCLUDE
FOLLOWING INFORMATION
• What product does the invention relate to?
• Describe a brief background, including the problems, which the
present invention aims to solve
• What are the present technologies existing to solve the problems?
• What are the limitations and disadvantages of the present
technologies that exist to solve the problems?
• Why is your invention novel?
• Advantage of the present invention
CONDUCT WORLDWIDE PATENT
SEARCH
• It is always advisable to get your technology evaluated by a patent
expert before filing for a patent . The point is to figure out whether the
technologies in question satisfy different criteria’s of patentability
• New and not disclosed anywhere in the world
• It should have inventive step or it must be non-obvious to a skilled
person
• It should not fall within the provisions of non-patentable inventions and
inventions relating to atomic energy under the Indian patent Law
• The patent application has to be written in specified manner before
filing the patent application in Indian patent office
FILE A PROVISIONAL APPLICATION
• Provisional application describes the nature of the invention to secure
a priority date of filing of the application in which the inventive idea
has been disclosed
• In case your invention is in the R&D stage , you have the option to file
the provisional patent application
• It must be followed by a complete specification describing the details
of the invention along with a set of claims describing the boundaries
of patent protection within 12 months after filing of the provisional
application
FILE COMPLETE PATENT APPLICATION
• One should note that the words of the claims themselves define the
scope of the patented invention
• Many patent applicants write the advantages of the technology in the
patent claims which should avoided
• Patent claims should include main components or elements of the
technology and how are they connected to each other
• It is advisable to hire the services of a patent lawyer to write the
patent application
FOLLOW THE PATENT DEADLINE
DATES JUDICIOUSLY
• Every application for patent is published after 18 months from the
date of first filing
• If you would like to expedite your patent protection, you can file a
request for early publication and the application will be published
within a month from the date of request
• The patent application is not examined automatically after its filing
and the next step would be filing a request for examination
• The request for examination can be filed within a period of 48 months
from the date of first filing
CONCLUSION
• The procedure for granting patents, requirements placed on the
patentee , and the extent of the exclusive rights vary widely between
countries according to national laws and international agreements
• Typically, however a granted patent application must include one or
more claims that define the invention
• A patent may include many claims, each of which defines aspecific
property right