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patents explained in detail

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PATENTS By Exponent Attorneys At Law For Rachana Foundation

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Ali: Hello my dear friend, how are you? I heard you have invented a chemical method of modifying DNA sequence, which can be used for treating Cancer. What is that? Rachana: Hi Ali, Welcome to our research centre. Rachana: Sorry Ali! I can’t tell you anything about my new research, Let me first patent it!! Ali: What do you mean by patenting? Rachana: patent is the protection by virtue of which, the inventor enjoys exclusive rights over his invention. Ali: Wow! It sounds interesting! Let me know more about it.

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Rachana : Wait! I will also call our friend, Mr. Iyer ! he has created a new machine, which generates some sort of thermal energy using biofuels. He was also asking me about patents, as he wants to patent his invention Ali: But how can that be possible! It is not just his invention, even I was a part of this project in our college, we have been researching on this since last 3 years. How can he alone proceed with any procedure for this invention! It is our Joint effort. Rachana: Is it so? T hen Iyer cannot patent it alone. I will tell you about patents, then you can tackle with the problem.

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patent is an exclusive right granted by the law to applicants or the assignees to make use of and exploit their inventions for a limited period of time, which is 20 years in India. During this period a patentee enjoys exclusive right to prevent others from unauthorised act of making, using, offering for sale, selling or importing the patented invention. In return for these exclusive rights, after the protection period, the applicant is obliged to disclose the invention to the public, so that the technology can be made available for free use.

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Ali: So being an inventor, can I also apply for the patent? Rachana : Application can be made by any persons such as: True and first inventor/inventors True and first inventor‘s assignee Legal representative of deceased true and first inventor or his/her assignee Ali: So, is there any government organisation where I can apply for patent? Rachana: Yes. The Patent system in India is governed by the Patents Act, 1970 and it is administered under the superintendence of the Controller General of Patents, Designs, Trademarks and Geographical Indications.

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Rachana: Ali! You can patent your invention only if it is novel, inventive and has industrial applicability. Novelty means “New”, It should not be the part of prior art. By prior art I mean, the information and knowledge available to the public on the date of filing of the patent application Inventive Step means an invention must be technically advanced.   Industrial application means an invention should be capable of being made or used in an industry Rachana: Good question Ali! Every inventor feels that his invention is new, but it may not be so, you need to confirm it by searching the prior art, by prior art I mean all the available information related to your invention.

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Ali: So can we patent all the inventions which are new? Rachana: No!. We can not patent inventions such as : Mere ideas/discovery Contrary to natural laws Contrary to public order/morality Mere admixture/arrangement/re-arrangement New use/property of a known material Method of agriculture/horticulture Plants and animals except micro-organisms Mathematical/business method Computer program per se Process of treating human beings/animals Atomic energy Traditional knowledge Topography of integrated circuits.

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Ali : Oh! But where should I file a patent application? Rachana : Patent application is required to be filed according to the territorial limits where the applicant normally resides, or has domicile, or has a place of business, or the place from where the invention actually originated. And the patent application should contain the written description of the invention, the manner and the process of making, and using it, with relevant diagrams.

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Rachana : Once your application has been submitted, the patent office will examine it and they will grant a patent if they find it patentable. But remember my friend! The invention should not be disclosed to public or published anywhere, before filing the patent application, because once it is made known to public, except in certain circumstances, it will no longer be considered as novel. One more thing you need to keep in mind is that, your patent application will be subject to pre grant opposition and the granted patent would be subject to post grant opposition.

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Ali! Do remember, after obtaining patent, you are required to renew the patent every year and if not renewed your patent may get lapsed. Ali: Ok ! So once I have been granted a patent, I can protect my invention anywhere in the world? Right? Rachana: No! Patent protection is territorial in nature, i.e. if you have applied for a patent in India, it will be valid only in India, and in no other country. If you want it to be protected in other countries, you should obtain patent in such other countries as well.

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Rachana : By obtaining patent, you can protect your invention from infringers. Ali: Infringers? What is Infringement? Rachana: Infringement of a patent means, the unauthorized making, importing; using, offering for sale or selling any patented invention Ali: Then how does the law protect us from the infringers? Rachana: The Patent Act provides for remedies my friend! like: Obtain an Injunction restraining the infringers. Claim Damages Demand Account of Profits Get orders for Destruction , Seizure, or Forfeiture of infringed goods.

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Ali: Great!! This is actually a very valuable information. I will talk to Mr. Iyer regarding registration of our invention. We need to safeguard our property. I will also tell my colleagues about the importance of patenting. Thank you so much Rachana!  Brain is a Mine and You are the Miner. Think, Invent and patent. Rachana : Ali! Now I will show you how the patent document exactly looks like!

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