RM5151 RESEARCH METHODOLOGY

AND IPR
PATENTS

SUBMITTED BY,
SHANMUGA PRIYA.M
2022617027
M.E(VLSI DESIGN AND EMBEDDED SYSTEM)
 PATENTS
• Patent is an exclusive right given by a country to the owner of an invention to
make ,use,manufacturing and market the invention provided the invention is
satisfied.Exclusive rights implies that no one else can make, use ,manufacture or market
the invention without the consent of the patent holder.

• Patents are granted by the government for a novel invention for a limited period of
time.The law relating to patents Act,1970 as amended by patents(Amendment)Act,1999
and patents (Amendment) act,2002,which came into force with effect from may 2,2003.In
our discussion,we will refer to this act as the Indian patents Act(IPA).
 Types of patents:
1)Utility patents may be granted to anyone who invents or discovers any new and useful
processes,machine ,article of manufacture,or composition of matter,or any new and useful
improvement therefore.

2)Design patents may be granted to anyone who invents a new,original,and ornamental

3)Plant patents may be granted to anyone who inverts or discovers and asexually
reproduces any distinct and new variety of plant.

4)Reissue patents is a patent that is issued to fix defects(as invalid claims) of an original
patent and that replaces and is granted for the remainder of the term of the original patent.
Objectives:
• To provide the protection of creativity of creators.
• To promotes the creativity of new creators.
• To accelerate the technological and industrial development of the countries.
• To provide the exclusive right to invention and affords protection against
unauthorized use of invention by third parties.
• Understand the meaning of specifications.
Characteristics of patent:
• Invention must be “new”-Invention must never have been made public in
anyway,anywhere before the date on which the application for a patent is
filled.
• The invention must involved an “invention steps”-The invention must be
non-obvious to person skilled in that particular art,(i.e):it must not follow
plainly or logically from what is already known.
• Invention must be having “Industrial application”-For the patentable,the
invention has to be capable of industrial application.
• It can be used in an industry.It may include any useful,practical activity as
district from purely intellectual or aesthetic activity.
• Invention must not be excluded.
 Not patentable inventions:
• An invention ,whose use could be contrary to the public order or morality
or which causes serious prejudice to human,animal or plant life or health
or to the environment.For example a new type of gambling machine.
• Inventions relating to atomic energy because the central government has
the sole responsibility for the development of atomic energy.
• Discovery of any living thing or non-living substances or objects occurring
in nature.A mathematical or business method or a computer programme.
• Any process for the
medicinal,surgical,curative,prophylactic,diagnostic,therapeutic or other
treatment of human beings and animals.
• Aliterary dramatic,musical or artistic work including cinematographic
work and television productions.
Procedure for obtaining patent:
Who can apply for patent?
An application for a patent for an invention may be made by a person-
Who claiming to be the true and first inventor of the invention or his
assignee,by the legal representative of any deceased person who
immediately before his death was entitled to make such an application.
Filling of an application form:
There is only one application filed for one invention.This must be
done in a prescribed fees in the appropriate patent office.It should
be accompanied by a provisional or a complete specification.
• If the application is filed by the assignee,it must be accompanied with the
proof of the right to make the application.
• The form of application for grant of an Indian patent asks for
(i)Full name,address,nationality of the applicant(s) and inventor(s),
(ii)Patent specifications,and
(iii)Whether an application has been made or patent granted in a PCT
A convention country,which affords to citizen for patents in India.Every such
application shall be accompanied by a provisional or a complete
specification.
Filling of provisional and complete specification:
• A specification is an accurate description of the patent stating how the
invention can be carried out by the method best known to the
applicant. The specification ends with a claim or claims defining the
scope of the invention for which protection is claimed.
• It is possible to file the application with provisional spacifications.But
it is necessary to file the complete specifications within one year of
filing the original patent application.
• The 12 months limit can be extended to 15 months if an application is
made to the controller with such request and the prescribed fee is paid.
The specification must contain the following:
• Title,sufficiently indicating the subject-matter.Relevant drawings.Full and
particular description of the invention.
• Details of its operation or use and the method by which it is to be performed.
• Disclosure of the best method of performing the invention.Claims defining
the scope of the invention substantiated by the disclosure.
• Abstract providing technical information on the invention.Declaration as to
the inventor ship of the invention.
Publication of the application:
• Normally every patent application is published after 18 months of filing
the application and objections are invited.The patent application shall not
be open to the public for 18 months after the date of filing, or date of
priority, whichever is earlier.The controller may issue direction to prohibit
or restrict such publication.
• In the case of secrecy direction,the application will be published when the
secrecy directions cease to operate.
• The publication will include the particulars of the date of
application,number of application,number of application,name and
address of the applicant and an abstract.
Examination of the application:
• Examination is taken up only if the applicant or any other interested person
makes a request in the prescribed manner for such examination within 48
months from the date of filling of the patent application.If such request is
not made within prescribed time,the patent application is treated as
withdrawn.
• When the patent application is in the respect of an invention for an
chemical substance used as an intermediate in the preparation of a
medicine or drug including insectisides etc used for protection or
preservation of plants,the request for the examination has to be made
within a period of 12 months or within 48 months from the date of
application whichever is later.
Flow diagram of patent:
Filling of application form

Filling of complete specifications,if not

Publication of application(after 18 Examination of application on

Continued…
 Acceptance and advertisement of
complete specifications

Y
N
Opposite

Scrutiny

Y
Grant
Grant and sealing of patent
N

Reject
Source for patent information:
Patent information is made available to the public through a variety of
databases.Each databases has complete coverage of all patent document
ever published worldwide.
WIPO-Offer free online access to all international patents.(www.wipo.int.)
Patent Search Services-
(http://patent scope.wipo.int)
• Google patents
• Scifinder scholar
• Patent offices
• British library
Method of search of patent information:
The effective searching of patent document and other source of technology
information requires a solid knowledge of the technical field.The following
search criteria are use for the searching the information by using-
1)Key words
2)Patent classification
3)Dates(Priority date,application date,publication date,grant date)
4)Name of the applicant
5)Patent reference or identification no.(application no.,publication
no.,patent no. )