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    2.patent Features

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    The document discusses key aspects of the Indian patent system including who can own patents, patentable subject matter, filing process, commercialization, required documents, term and maintenance of patents, and exceptions. It poses a series of questions on these topics, such as whether there is a "world patent", how novelty is determined, the process for filing an application, commercializing before or after obtaining a patent, required documents including specifications, statements of claims, patent term and maintenance, and use of patent information for research.

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    2.patent Features

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    Agrada
    51 views15 pages
    The document discusses key aspects of the Indian patent system including who can own patents, patentable subject matter, filing process, commercialization, required documents, term and maintenance of patents, and exceptions. It poses a series of questions on these topics, such as whether there is a "world patent", how novelty is determined, the process for filing an application, commercializing before or after obtaining a patent, required documents including specifications, statements of claims, patent term and maintenance, and use of patent information for research.

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    2.Patent Features

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    The document discusses key aspects of the Indian patent system including who can own patents, patentable subject matter, filing process, commercialization, required documents, term and maintenance of patents, and exceptions. It poses a series of questions on these topics, such as whether there is a "world patent", how novelty is determined, the process for filing an application, commercializing before or after obtaining a patent, required documents including specifications, statements of claims, patent term and maintenance, and use of patent information for research.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    51 views15 pages

    2.patent Features

    Uploaded by

    Agrada
    The document discusses key aspects of the Indian patent system including who can own patents, patentable subject matter, filing process, commercialization, required documents, term and maintenance of patents, and exceptions. It poses a series of questions on these topics, such as whether there is a "world patent", how novelty is determined, the process for filing an application, commercializing before or after obtaining a patent, required documents including specifications, statements of claims, patent term and maintenance, and use of patent information for research.

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    of 15

    PATENT

    FEATURES
    Latha Rangan
    BSBE, IIT Guwahati

    1
    PATENTS

    Patent Office
    Who owns Patents?
    • True and First inventor
    • Assignee ( depending upon wish or contract)
    • Legal representative if inventor is dead
    • Govt. in certain cases
    DETERMINING NOVELTY, INVENTIVE
    STEP & UTILITY OF INVENTIONS

    4
    Patent Rights
    Section 48 of the Act provides following rights
    Since 2005:
    • Product Patent:
    – Exclusive right to prevent third parties
    • from making, using, offering for sale, selling or importing that
    product
    • Process Patent:
    – Exclusive right to prevent third parties
    • from using, offering for sale, selling, or importing the product
    obtained directly by the process
    Rights conferred on Patentee
    • To exploit the patent (Sec. 48)
    • To license the patent (Sec. 70)
    • To assign the patent (Sec. 70)
    • To surrender the patent (Sec. 63)
    • To sue for infringement of patent
    Extent of Patent rights
    • Patent rights are territorial;
    • Indian Patent is valid only in India
    • No international Patent, Country wise patent is required to
    be obtained
    • For 20 years subject to timely renewal
    Exceptions and Limitations
    • Government use of patent
    • Compulsory licenses
    • Use of invention for defense purposes
    • Revocation for non working patents
    • Limitation on restored patent
    Can the legal rights in a patent granted in one country be
    enforced in any other country or countries?

    Is there anything called “World Patent”


    Who is a “Patentee”?

    Can the legal rights in a patent be enforced automatically?

    What do patents do?

    What don’t patents do?

    Does the Government granting the patent give financial or


    any other award or assistance to the inventor/ patentee in
    granting the patent. 9
    PATENTABLE INVENTIONS
    What categories of inventions are patentable?

    How is novelty of an invention determined?

    What is meant by “inventive step”?

    What is meant by “industrial application”?

    Are all inventions satisfying the above criteria


    patentable??
    10
    FILING OF APPLICATIONS FOR PATENTS
    Who can apply for a patent??

    Can a company or a firm be named as the true and first


    inventor?

    What are criteria for naming inventor?

    When should an application for a patent be filed?

    Is it possible to publish the invention as well as obtain a


    patent therefor?

    Should the filing of an application for a patent be deferred


    11
    till the invention is scaled up or made commercially viable?
    COMMERCIALISATION OF INVENTION

    Can an invention be commercialized without


    obtaining a patent therefor?

    Is it necessary to defer commercialization of


    an invention till a patent is secured for the
    invention?

    Can the technology covered in an application


    for a patent be transferred immediately after
    filing the application for a patent?
    12
    DOCUMENTS REQUIRED FOR FILING
    What are documents required for filing an
    application for a patent in India?

    What is meant by a patent specification?

    What is a provisional specification?

    What is a complete specification?

    Should an application for a patent be filed


    always accompanied with a provisional
    specification? 13
    Is it necessary to file the complete specification after
    filing the application accompanied with a provisional
    specification?

    Will the contents of the application, so abandoned due


    to non-filing of the complete specification after filing the
    provisional specification, be open to the public?

    Will the provisional specification filed be cancelled


    after filing the complete specification?

    What is meant by Statement of Claims?

    How much time does it take to obtain a patent in India?


    14
    OTHER INFORMATION
    What is meant by “term of a patent”?

    What should be done to maintain a patent?

    Can a lapsed patent or a patent whose term has


    expired be registered again?

    Can a lapsed patent be restored?

    Does the use of the information contained in the


    patent documents for R & D purposes constitute
    infringement? 15

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