More Related Content
Similar to IPR Awareness and patent Prosecution Day 3 (20)
More from rkpv2002 (20)
IPR Awareness and patent Prosecution Day 3
- 1. 1
- 2. 2
- 3. 3 For this FDP… • Let us mute our mics • Any question put on TAB. All the questions will be compiled by team CMR and answers mailed back to you • Few questions may be taken up during the FDP • The sequence of the content may vary please. • Some issue unmute 1-2 representatives, talk
- 4. 4 www.ipadventure.in Slides designed by the team. I am distant associate for this startup. Slides will be made available on slideshare: Topic name and slideshare
- 5. 5
- 7. 7
- 8. 8
- 9. 9
- 10. How to read a patent
- 13. • Bibliographic data • Field of Invention • Background of the invention • Prior art • Object of the invention • Summary of the invention • Brief description of drawings • Detailed description • Claims Anatomy of the Patent
- 15. Some Key points in the Bibliographic Data
- 16. • INID Codes-Internationally agreed numbers for identification of bibliographic data. • Kind codes- Indicate the status of the document • Inventor – Who actually invented. • Assignee- Whom it has been assigned (College in your case) • International Patent Classification • Reference- Prior art documents which inventor and examiner have referred. • Patent Examiner- An expert appointed by patent office to examine the patent application. • Patent Attorney- The legal firm which has been authorised by the inventor to prosecute the patent application. Some Key points in the Bibliographic Data
- 17. 17
- 18. Technical Data
- 19. Technical Data
- 20. Technical Data
- 21. Technical Data
- 22. Technical Data
- 23. Technical Data
- 24. • Usually written in two sentences • Briefly describes the broad area of technology under which the patent falls. • Basically, it should be crisp and clear enough so that the Examiner of patent easily understands the nature of the invention and classifies the technology according to its general nature. Field of Invention
- 25. • This section describes the state of the art in the particular technical area to which the patent relates and • What problems remain to be solved or disadvantages accompanying the prior art solutions. • In other words, Background of the invention should describe what others have done in the field, and what problems have not been solved by this prior work. • It is always better to mention the status of the closest technology, experiments, patents and patent applications in this section. Background of the Invention and Prior art
- 26. • Object of invention should clearly reflect the advantages of the invention. • Each and every object and advantages of the invention should be described in a separate sentence. • Basically, this portion is a comparative analysis of the inventive technology over the existing one. Object of the invention
- 27. • Summary of invention describes a broad overview of the invention and, thus, provide a structure for understanding the Detailed Description and Claim sections of the specification. • The summary of the invention describes the invention overall, e.g., the purpose of the invention, problems solved, advantages offered, and so forth. Summary of the invention
- 28. • The brief description of drawings includes a written description of the invention that explains how to make and use it. • It should point the reference numerals used in the drawings and should be specific. • The details should be sufficient enough for a person skilled in the art to understand and perform the invention. Brief description of the drawings
- 29. • The detailed description describes in detail what the invention is and how it is made and used. • It should reflect the complete picture of the invention and should be sufficient for a person skilled in the art to perform the invention by developing necessary technical know‐how. Detailed description
- 30. • Claims are the essence of a patent. • The claims define the invention which the inventor holds as his exclusive property and has the right to exclude others from making, using and selling. • The claims specify the scope of ownership in a piece of property, i.e. Intellectual Property. • These claims are of paramount importance in both patent prosecution in the Patent Office and patent litigation in the courts. • Therefore, during claim drafting the choice of words used in the patent claims should be dealt in a great understanding and thought. Claims
- 31. • An abstract should be drafted in such a manner to make it reflect the technical field of the invention with the existing technical problems and the solution to overcome such problems. • It should be briefly drafted and within the limit of 150 words. • The aim of abstract should be to provide the better information to third parties. Abstract
- 32. JUGAAD!!! 32
- 33. WANT TO MAKE A CAREER IN IPR? 5/8/2020 33SP College, Pune
- 34. IP Career Courses Available after Graduation B.Sc./M.SC. Academics Job Opportunities in IPR LL.B. (IPR) IIT KGP PGDIPRL (NLSIU, NALSAR, IGNOU) Patent Certificate Course (FC) L.L.M. (IPR) (Universities Abroad) 5/8/2020 34SP College, Pune
- 36. • LL.B. (IPR) IIT, Kharagpur http://www.iitkgp.ac.in/law;jsessionid=EF01C8138FF710D2D633603A7B6 EE789 • IP Law firm Pune/Mumbai/Hyderabad/Banglore/Noida/Delhi… • http://www.ipindia.nic.in/vacancy-announcement.htm • RGNIIPM http://www.ipindia.nic.in/rgniipm.htm • PGDIPRL (NLSIU, NALSAR, Law College) http://ded.nls.ac.in/overview-ded/ 5/8/2020 36SP College, Pune
- 37. KIRAN-IPR Training for women B.Sc. (all branches) M.Sc. (all branches) 2-Step Entrance Exam 5/8/2020 37SP College, Pune
- 38. 5/8/2020 38SP College, Pune
- 39. 5/8/2020 39SP College, Pune
- 40. 5/8/2020 40SP College, Pune
- 41. Job Opportunities Government Sector Private Sector Freelancer Work/ IP Start-up 5/8/2020 41SP College, Pune
- 42. US9221293 5/8/2020 42SP College, Pune
- 43. Let us take an example of US9221293 The regulatory group who will draft, examine, prosecute, grant and protect this Patent The Industry who would potentially use the patent & its inventors in the quest for business, growth and eventual profits. The inventors who invented this Each of these areas of work offer a career growth path 5/8/2020 43SP College, Pune
- 44. 5/8/2020 44SP College, Pune
- 45. 5/8/2020 45SP College, Pune
- 46. L.L.M. Studies in IPR • WIPO • Australian Universities (QUT) • UK Universities (QMUL, Cambridge, UCL, Bournemouth,…) • USA Universities (George Washington,….) • EU Universities • Maastricht University (The Netherlands) • MIPLC (Munich, Germany) • Turin University (Milan, Italy) IP Study - Opportunities Abroad 5/8/2020 46SP College, Pune
- 47. Career in IPRs- Combination of Science and Law 1) Industry is exponentially growing 2) Salary is good Patent Analyst can easily start with salary of 3 lac pa (Pharma & BPO industry -12,000 per month i.e. 1.44 lac pa) Graduates with IPR + Mpharm/MBA degree can begin with 5 lac pa 3) Growth is easy Professionals with 2-3 years of experience in IP industry are earning 10 lac pa. This kind of package is only expected for B.E.+MBA 5/8/2020 47SP College, Pune
- 48. 4) You can work in “brand” companies 5) You can have international exposure 6) Work for 5 days a week! 5/8/2020 48SP College, Pune
- 49. 5/8/2020 Learning outcomes for students • General idea about various types of IPRs • Complete Patent Lifecycle • Drafting • A fair idea about Patinformatics • Career opportunities in the Field of IPR 49SP College, Pune
- 50. 50
- 51. 51
- 53. 53
- 54. 54
- 55. 55
- 56. Forms • Form 1 • Form 2 • Form 3 • Form 5 • Form 9 • Form 13 • Form 18 • Fees 56
- 57. 57
- 58. IP- Intellectual Property • Original Ideas, research Results • A book or a novel protected by copyright • Copyright need not be registered • WIPO ( World Intellectual Property Organisation) • patents, copyrights, trademarks, geographical indications, designs 58
- 59. IP- Intellectual Property • GI- Darjiling Tea • Adidas Shoe- Aesthestics plus functionality- No need to register • Disney Character - register • Trademarks- Logos • Patent duration – 20 years from the date of application 59
- 60. IPR (Right) • making, using, selling, marketing, importing the product • IPR (Legal entitlement) • Violation of IPR- Infringement • IP protected by IPR 60
- 61. 61
- 62. IP- Scrutiny • FER- First examination report • Objections- technical/ substantial • Patent Prosecution- Raising objection over a patent application • Trademarks Prosecution has less detail and less analysis • IP Office- IPAB Tribunal- High court- Supreme Court 62
- 63. Copyright • Right to print publish, perform or record • Work to be recorded or copied on some medium • Right to make copies • Life of author plus 60 years 63
- 64. Trademark • Symbol or word legally registered or established by use • Benz mark for undergarments was stopped • Trademark unlimited life IP • Design- visual things 64
- 65. Mahatma Gandhi-Still alive in the form of IPR
- 66. Trademarks in some jurisdictions 1. Chile 2. France
- 67. Copyright on Several Books
- 68. 68
- 69. GI 69
- 70. GI 70
- 72. Patent Prosecution • The process of registration of patent in the patent office by drafting patent specification • The entire patent lifecycle • Replicable • Can generate revenue through sale 72
- 73. Types of Patent Applications • Ordinary application- no priority • Convention • National Phase PCT ( Patent Cooperation Treaty) • Patent of Addition • Divisional application 73
- 74. Types of Patent • Utility Patent • Provisional Patent • Design Patent • Plant Patent 74
- 75. Patent War • Qualcomm versus Apple- 6 infringement suits • Music producer Morris Levy and John Lennon - copyright infringement case • Microsoft and Google- xbox, Motorola • HUL versus Amul- frozen dessert/icecream 75
- 76. 76
- 77. Few Queries on chat window • Can we get the recording of this session? Could you please publish it in YouTube yes https://www.youtube.com/channel/UCdh z4qSL5IhEjbGDSRFOTJQ • tirupathi Laddu GI • How may no. of Claims required to get a patent 1 77
- 78. Few Queries on chat window • under which type of patent computer applications come under – utility(US) India- hardware component add • explain about plant patent – US Plant Variety - India • can we file patent on circuit design under design patent? – US India- Semiconductor Layout chips Variety 78
- 79. Few Queries on chat window • license a patent: sale patent/ claim sale • How to create digital signature? is there any amount need to pay emudra- validity- https://www.e-mudhra.com/ • explain about plant patent – US Plant Variety - India • can we file patent on circuit design under design patent? – US India- Semiconductor Layout chips Variety 79
- 80. Patent Prosecution In India Designed By IP Adventure LLP Team
- 81. • Filing the application for the patent at the patent office • Publication of the application • Pre-grant opposition • Examination and generation of the first examination report by the Indian Patent Office • Reply to the examination report • Hearing at Indian Patent Office • Grant of the Patent Steps Involved in Patent Prosecuition 5/8/2020 SIGCE 81
- 82. • Who can file? • How an application is filed? • How the payment is made? • What is the importance of the filing date? • What are the details we have to provide to Indian Patent Office? • Important timelines to be adhered. 5/8/2020 SIGCE 82 Filing application for Patent
- 83. • When the publication of the application takes place? • How can we have early publication of the application for the patent? • What is the significance of the early publication of the application? • What are the privileges the applicant gets once the application is published? 5/8/2020 SIGCE 83 Publication of the Patent Application
- 84. • What is pre-grant opposition? • Who can apply for it? • What is the timeline for applying the pre-grant Opposition? • What after pre-grant opposition? 5/8/2020 SIGCE 84 Pre-grant Opposition
- 85. • Filing a request for examination. • What will happen if such request is not filed? • Examination of the patent application. • Generation of the First Examination Report by the Indian Patent office. • Response to the FER. • Timelines to be adhered. 5/8/2020 SIGCE 85 Examination of the application for patent
- 86. • What is Hearing of the patent application? • Why this step? • How is it done? • When the patent is granted? • Post-grant opposition • What is post grant opposition? • Who can apply for it? • What is the difference between Pre-grant and Post-gran opposition? 5/8/2020 SIGCE 86 Hearing followed by Grant of the Patent Application
- 87. Timelines to be followed • Provisional –Complete specification (within 12 months from the date of filing of provisional.) • Request for Publication- to be filed if early publication is required ,if not filed the application will get published after 18 months. • Request for examination- to be filed within 48 months from the date of filing the patent application, but if not filed within this time limit the patent application will be abandoned. • The examiner raises First Examination Report (FER) and it should be responded within 6 months from the date of issuance of the FER. • After the grant of the patent during its entire tenure, the applicant is expected to pay the fees for renewal of patent every year. • Every year the applicant should file a statement of working. SIGCE 87
- 88. 1. Ordinary Patent Application 2. Provisional patent Application 3. Divisional Patent Application 4. Conventional Patent Application 5. PCT Application 6. Patent of Addition Different Types Of Patent Applications in India 5/8/2020 SIGCE 88
- 89. • It is a non-final, preliminary application which is filed before the patent office to claim priority. • This application is usually filed when an invention requires additional time to improve upon. This is beneficial because the Indian Patent Office follows the ‘First to File’ system. Early filing by the inventor prevents any other related inventions from becoming prior art to the inventor’s application. • When an application is accompanied by a provisional specification, a complete specification should be filed within 12 months from the date of filing of provisional application. Failure to do so leads to the abandoning of the application. Provisional Application 5/8/2020 SIGCE 89
- 90. • Complete specification should describe the invention in-depth and it should also disclose the best known method of carrying it out and necessarily end with one or more claims which define the scope of the invention. Complete/Ordinary Application 5/8/2020 SIGCE 90
- 91. • When an application made by applicant claims more than one invention, the applicant on his own or to meet the official objection may divide the application and file two or more applications, as applicable for each of the inventions. Divisional Application 5/8/2020 SIGCE 91
- 92. • An application which claims the priority of another application filed in one or more of the convention countries in known as a convention application. • Whenever an application is filed in a convention country (basic application), the applicant has to file in India within 12 months from the date of filing of basic application. Conventional Application 5/8/2020 SIGCE 92
- 93. • The Patent Cooperation Treaty assists applicants in seeking patent protection internationally for their inventions. • By filing one international patent application under the PCT, applicants can simultaneously seek protection for an invention in 148 countries throughout the world. PCT Application 5/8/2020 SIGCE 93
- 94. • When an applicant comes up with an improvement or modification of the invention described or disclosed in main application for which he has already applied for or has obtained a patent, the applicant may make an application for Patent of Addition. Patent of Addition 5/8/2020 SIGCE 94
- 96. 5/8/2020 IP Adventure LLP 96 Thank you for your attention
- 97. acknowledgement • Pallavi Kadam www.ipadventure.in • Shalaka Tolye www.ipadventure.in • Prof. feroz Ali NPTEL Course IPR and Patents, IITM 97