PATENTS AND PATENT SYSTEM

BY:- ABHISHEK PANDEY &

SUMIT KUMAR

B.TECH. THIRD YEAR,

MNNIT, ALLAHABAD

INTRODUCTION

INVENTION DISCOVERY

How do we know when inventions were first invented?

INVENTIONS ARE ESSENTIAL TO OUR EVERYDAY LIFE AND YET MOST PEOPLE KNOW

VERY LITTLE ABOUT THEIR ORIGINS.

How do we know when inventions were first invented?.....................

When scientists became very lucky, they found texts that mentioned past inventions, revealed the name of the inventor and the approximate date of the invention.

In modern times, patents help us to determine when, where and by whom an invention was invented.

POST-INVENTION/DISCOVERY

INVENTION/

DISCO-VERY

DONE.. YES ! YES!

YES! YES! YES!

YES!

What to do Next...

IPR : INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights are statutory rights once granted allows the creator(s) or owner(s) of the intellectual property to exclude others from exploiting the same commercially for a given period of time. It allows the creator(s)/owner(s) to have the benefits from their work when these are exploited commercially. IPR are granted to an inventor or creator, designer in return of the discloser of his/her knowledge.

Governing Laws in India for IPR as follows:

1.Patent Act 1970

2.Trade Marks Act (1958 original) 1999

3.The Copyright Act 1957

4.The design Act 2000

5.Geographical Indication of Goods (Registration and Protection) Act 1999

6.Plant Variety and Farmers Right Protection Act 2001

INTELLECTUAL PROPORTY

Industrial Property: Patents protect inventions

Industrial designs protect the designs of products

Trademarks protect distinctive signs

Copyright: protects literary and artistic works

INTELLECTUAL PROPERTY

Registered Trade Mark Used as a Trade Mark

Copyright SubsistingYear of publication

C ABC Co. Ltd 2003

US Patent Pending

US Patent 6,457,620

Country

What is a PATENT?

A patent is an official document given to an inventor by a government. This document generally gives inventors the right to stop anyone else from copying, using, distributing or selling the invention without their permission over a limited period of time within the country where the application is made.

History of Patent System

In the 15th Century, Venice was a very important center for art, science, trade and commerce.

Many inventors lived in Venice at the time and in 1474 the government invented the first law to protect the rights of inventors.

After Venice, other states began to encourage and protect their inventors with similar laws, and nowadays almost all countries have their own modern patent laws.

Why are Patents Important?

Inventions are the result of hard work.

Inventors deserve a reward for the amount of time they spend developing their ideas.

Patents provide rewards and protection for inventors but they also benefit society.

Patent – A BOON

PATENT CHARACTERISTICS

Territorial: Valid only in the jurisdiction of the granting government

Term: Maximum twenty years from the filing date

Proprietary: A kind of intellectual property rights, being a personal property, an exclusive legal right.

BASIC CRITERIA FOR PATENT GRANT

Basic criteria for the granting of a patent

Any field of technology

Fulfilling the requirements of:-

1.Novelty : Must be “Novel” or “New” at the time of filing a patent application

2. Inventiveness / non-obviousness

Not obvious to persons skilled in the art, in view of common general knowledge.

3. Industrial Applicability

Are patented inventions protected worldwide?

WIPO : World Intellectual Property Organization

Obtaining patents can be a long and expensive process. Fortunately for inventors, in 1970 several countries decided to simplify the process for protecting patents around the world by creating the Patent Cooperation Treaty (PCT).

The World Intellectual Property Organization (WIPO) in Geneva, Switzerland administers the PCT and every year receives thousands of applications from inventors around the world.

WIPO…………………………

Thanks to the PCT, inventors can submit just one international application which is valid in any or all of the more than 140 countries that are members of this Treaty.

Inventors can decide if they want to apply for a patent in all of these countries or select a group of specific countries.

Only inventors who are citizens or residents of the countries that are members of the PCT can use this easier system to file international patent applications.

First Patent Story

Prior to the Patent Act of July 4, 1836, patents were issued by name and date rather than number. The Patent Office had already issued nearly 10,000 patents, when a fire destroyed many of the original records in December of 1836. Using private files, the office was able to restore 2,845 patents.

The restored records were issued a number beginning with an "X" and called the "X-Patents." Thus the first patent ever issued was actually designated patent X1. The patents that could not be restored were cancelled.

Patent 1, the first patent issued under the new numbering system, went to Senator John Ruggles of Thomaston, Maine. His invention, patented July 13, 1836, was a cog mechanism for locomotive wheels. It was designed to give "multiplied tractive power to the locomotive and to prevent the evil of the sliding of the wheels...“

But many believe that The first U.S. patent was granted in 1790 to Samuel Hopkins of Philadelphia for "making pot and pearl ashes"-a cleaning formula used in soap making.

Things Which I cannot Patent

discoveries, scientific theories, mathematical methods, aesthetic creations.

business methods, schemes, rules or methods for playing games or performing mental acts.

Computer Programs, the presentation of information, Traditional Knowledge

animals or plants or biological (not microbiological) processes for the production of animals or plants, methods of treatment of the human or animal body by surgery, therapy or diagnosis.

Invention relating to atomic energy.

FACTS in the world of PATENTS

Alexander Graham Bell applied for a patent for the telephone on February 14, 1876, only a few hours before another inventor named Elisha Grey handed in his application for a telephone as well. Had Bell waited one more day to apply for a patent, Elisha Grey would today be considered as the inventor of the telephone.

In 26 years (1978-2004), WIPO received one million international patent applications.

Two Canadian friends, Henry Woodward and Mathew Evans, patented an incandescent light bulb on July 24, 1874. They later agreed to sell their patent rights to Thomas Edison, who was at the time working on a similar invention. Edison conducted thousands of experiments to improved the incandescent light bulb and finally in 1879, Edison showed his incandescent lamp to the world.

Anand SharmaMinister of Commerce & Industry, Government of India

Intellectual Property of India

Logo

The Intellectual Property Office in India is dedicated to mobilize the use of technological advancement for socio-economic development, which is a constitutional mandate, by creating the requisite IP culture.

Patent office adds the flame of interest to the light of creativity and that is why we need to improve the effectiveness of our patent office. -Abraham LincolnThe Indian Patent Office is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of the Indian government and administers the Indian law of Patents, Designs and Trade Marks.The patent office is headquartered at Kolkata with branches in Chennai, New Delhi and Mumbai, but the office of the CGPDTM is in Mumbai.

Indian Patent Office

MumbaiKolkata

History of Indian Patent System

1856 The Act VI of 1856 on Protection of Inventions based on the British Patent Law of 1852. Certain exclusive privileges granted to inventors of new manufacturers for a period of 14 years.

1859 The Act modified as Act XV; patent monopolies called exclusive privileges (making. Selling and using inventions in India and authorizing others to do so for 14 years from date of filing specification).

1872 The Patents & Designs Protection Act.

1883 The Protection of Inventions Act.

1888 Consolidated as the Inventions & Designs Act.

1911 The Indian Patents & Designs Act.

1972 The Patents Act (Act 39 of 1970) came into force on 20th April 1972.

1999 On March 26, 1999 Patents (amendment) Act, (1999) came into force from 01-01-1995.

2002 The Patents (Amendment) Act 2002 came into force from 2oth may 2003

2005 The Patents (Amendment) Act 2005 effective from 1st January 2005

Patent Prosecution

Patent Application

First Examination Report Issued

No Request for Examination

Deemed Withdrawal

Open for Pre-Grant Opposition

In order for Grant

Request for Examination

Publication of Unexamined Application

Open for Post-Grant Opposition

After 18 months

After 48 months

Till 1 year from the grant date

Within 12 months

The number of applications filed by the Indian applicants was 8062.

Maharashtra(2441) accounted for the maximum number, followed by Tamil Nadu, Karnataka, Delhi, Andhra Pradesh, West Bengal.

Total number of patents granted during the year was 7,509 out of which 1,273were granted to Indian applicants.

Sl.No. 

Name of Institutes/Universities  

Applicationsfiled 

1. Indian Institute Of Technology, Bombay 58

2. Indian Institute Of Science 383. Indian Institute Of Technology, Kanpur 32

4. Indian Institute Of Technology, Kharagpur 29

5. Indian Institute Of Technology, Madras 20

6. Centre For Development Of Advanced Computing 16

7. Indian Institute Of Technology, Delhi 16

8. The Energy And Resources Institute (Teri) 13

9. National Institute Of Pharmaceutical Education And Research (Niper)

11

10. University Of Calcutta 11

Indian Patent Scenario

Source: Annual Report Of The Office Of The Controller General Of Patents, Designs, Trade Marks And Geographical Indication, 2010-11

Golden Age ofIndian Pharmaceutical Industry

The Indian Patents Act 1970 gave protection to only Process patents.

It suited the Indian pharmaceutical industry, which exploited it by specializing in modification of the manufacturing process-what popularly came to be known as “reverse engineering”.

India could manufacture cheaper generic alternatives to many medicines, which were patented in other countries.

Indian pharmaceutical industry, which is the fourth largest in the world, exported medicines at affordable prices to about 200 countries across the globe.

The Patent (Third Amendment) Act 2005 recognizes Product patent.

Now the pharmaceutical companies have to make provisions for high inputs in research to develop new products.

Under the new Act the patent holder of a product will continue to retain the IPR and will have to be compensated if others manufacture the product.

Any manufacturer of generics can apply to copy a patented drug after it has been marketed for three years after paying a reasonable royalty to the patentee.

For AIDS patients India’s generic three-in-one fixed-dose combinations are cheap, convenient to use, and ensure better compliance. These are under patent protection abroad, but are manufactured by giant Indian companies such as Ranbaxy and Cipla and currently cost $350 per patient per year, as against the going cost of the same combinations of patented products which cost $10,000–15,000 per patient per year.

Tough Days ofIndian Pharmaceutical Industry

Science and Technology has a central role in ensuring National Security, which in modern context is impacted by advancements in defence research and technology development.

The Government may prohibit or restrict the publication of information with respect to invention or communication of such information if it is considered relevant for defence purposes or prejudicial to the interest of ‘security of India’.

Relation has grown from a vendor-client relationship to cooperation aimed at joint R&D and marketing of products.

The international Trade in any system like nuclear reactors, their spares and accessories and also fuel assembly systems including fuel cycle production/processing technologies are heavily IP protected.

National Security

U.S.-India Civil Nuclear Agreement (Indo-US nuclear deal)

Anti-Patent Success Story

Father of Bio philosophy.

Miracle worker.

There is no patent. Could you patent the sun?

$ 3-5 billion.

Jonas Salk Albert Sabin

$ 15-18 Billion

Polio Vaccine

Salk had developed a intravenous “killed virus” vaccine.

Sabin developed an oral “live weakened” one.

Live vaccine builds immunity for a longer time span, where as killed vaccine needs a “booster” dose to develop life long immunity.

Thank You