PATENTS

A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a limited period of time in exchange for a disclosure of an invention. The term patent usually refers to a right granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement.

PATENTS
A patent is a legal monopoly granted for a limited time to the owner of an invention. It empowers the owner of an invention to prevent others from manufacturing, using, importing or selling the patented invention. The patent can related to a product patent or the process patent In order to get a registration ,the product or the process of invention must be something that is new, useful and non-obvious. The person who has been granted this right is a patentee, who has the exclusive right to use the invention.

Other requirements for patent protection

Filing of a patent application should be done before the first public disclosure or offer for sale. Any unauthorized, use, sale or distribution of the patented product or process amounts to infringement. The licensee can file a suit in the court ( District Court or the High Court) for infringement The remedies are - order of injunction, damages or an account of profit made by the person who has infringed The infringing goods can be seized, forfeited and also destroyed as per the order of the court.

EXAMPLE
ABC CORP. is software designing company. It has created a new tax evaluation software that updates with every new budget in any country It is advisable for the company to get registered under the Patent Acts for the software & its update process so that no other company or individual copies or misuses the software.

AWARDED BY USPTO(united state patent & trademark office)

TYPES OF PATENT

PATENT DESIGN

UTILITY PATENT

PLANT PATENT
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1.DESIGN PATENT
 May be granted to anyone who invents a new,original ornamental design for an article of manufacture  It protects only the apperance of the article but not the structural or funtional features

FEATURES OF DESIGN PATENT

It protects ornamental ,  Design Improved decorative apperance Shape of the invention  Configuration

DESIGN OF COKE BOTTLE

 FOR IT S BOTTLE DESIGN

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BICYCLE HELMET

Patented for it design

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Patented for it s design and filed in USPTO-Athlete s shoe

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US PATENTED EAR RINGS IN 1980 FOR IT S DESIGN

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 Life period:14 YEAR  Fee : $2000-$2500  No need for maintanence fee  Limitation: only protect the design of the invention not the idea of invention  Merit: *easy to get *less cost than utility patent
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2.UTILITY PATENT
New inventions or functional improvements can get utility patent

It may be a, product machine a process composition of matter  Called also as non provisional patent
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DOVE SOAP-PATENTED FOR IT S CLEANISING PROPERTY It s having sodium cocyl isothionate,stearic acid,coconut oil,sodium tallowate as active ingredients
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PATENED FOR IT S ANTIDANDROFF ACTIVITY

ZPTO as a main active ingredient,it reduces epidermal turnover and inhibits pityosporum ovale
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Features of utility patent

It provides the right to prevent others from making,using,selling & importing a product Life period:20 years Fee structure: $3000- $5000 Maintanance fee should be paid at the intervals of 31/2.71/2,111/2 yrs to USPTO

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3.PLANT PATENT
 Anyone who has invented or discovered and asexually reproduced any distinct, new variety of plant including cultivated sports,mutants,hybrids,newly found seedlings other than tuber propagated plant can get this patent  Life period:17 yrs  Fee structure:&2000
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EXAMPLE-DIDI SALMON TWO

 side perspective view of a flowering plant of 'Didi Salmon Two'.

 close-up view of typical flowers and leaves of 'Didi Salmon Two'.

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DESCRIPTION
 Not observed in all possible environmental conditions  Observed in california  Variation in temperature. light intensity, genotype changes the phenotype of the plant  For commercial purpose: * fibre class covered green house used during late spring day at 27 degree.c&light level about 2000f.c * rooted young plants were planted in containers for upto 5 months

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Didi salmon Two

 A new and distinct cultivar of Double Impatiens plant named Didi Salmon Two , characterized by its compact, upright, outwardly spreading and mounded plant habit; freely branching growth habit; dark green-colored leaves; freely flowering habit; and light redcolored flowers that are fully double and positioned above and beyond the foliage.
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HOW WE CAN PROTECT OUR PATENT IN OTHER COUNTRIES? Should file international patent appilication under the patent co-opearation treaty(PCT)  Delays expense of filing in other countries  Allowing feasibility of the patent in other country  Life period:21/2

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TO know about already patented invention

To know the fee structure of various type of patent and other details

http://www.uspto.gov
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Type of Patents in Pharma

Medicinal Compounds Medical uses Dosing regimens Combinations Formulations delivery systems Metabolites Polymorphs
Prodrugs Isomers Salts

and intermediates Assays and other research tools Diagnostic methods

Process

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THE PATENT ACT 1970

The first Indian Patent laws were first promulgated in 1856 which are modified from time to time. New patent laws were made after the independence in the form of the Indian Patent Act 1970. The Act has now been radically amended to become fully compliant with the provisions of TRIPS. The most recent amendment were made in 2005 which were preceded by the amendments in 2000 and 2003.