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Definition: Patents : 

Definition: Patents The term patent usually refers to a right granted to the inventor for a limited term over a new and useful invention. Invention may either for a product or process.

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Why one should go for a getting a patent? To protect the exclusive sells rights. To enjoy the exclusive rights over the invention. The patent is to ensure commercial returns to the inventor for the time and money spend in generating a new product.

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What can be patented? In order to be patentable , an invention must pass four tests The invention must fall into one of the following “statutory classes’--Processes, product, Compositions of matter and New uses of any of the above The invention must be “useful” The invention must be “novel” The invention must be “obvious’

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What cannot be patented? An invention which claims anything obvious contrary to well established natural laws; An invention the intended use of which can be injurious to public health. Scientific theory or a mathematical method. Copyrights. An invention which claims anything obvious contrary to well established natural laws; An invention the intended use of which can be injurious to public health; An invention which claims anything obvious contrary to well established natural laws; An invention the intended use of which can be injurious to public health; An invention which claims anything obvious contrary to well established natural laws; An invention the intended use of which can be injurious to public health; An invention which claims anything obvious contrary to well established natural laws; An invention the intended use of which can be injurious to public health;

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How does a patent get expire? A patent can expire in the following ways: The patent has lived its full term. The patentee has failed to pay the renewal fee. As soon as the patent expires, it pass to the general public domain and now anybody can use it without the permission of the original inventor

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Types of Patents The U.S. Patent and Trademark Office (PTO) issues several different types of patent Design Patent Utility Patent Plant Patent The U.S. Patent and Trademark Office (PTO) issues several different types of patent The U.S. Patent and Trademark Office (PTO) issues several different types of patent The U.S. Patent and Trademark Office (PTO) issues several different types of patent

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Design Patent According to USPTO patent law, a design patent is granted to any person who has invented any new ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. It permits its owner to exclude others from making, using, or selling the design for a period of fourteen years from the date of patent grant.

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Design Patent This could include The unique shape or layout of a car Computer monitor Bike frame Cloth pattern Designs of jewellery Furniture Beverage containers

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Utility Patent Utility patents may be granted to anyone who invents a new and useful method, process, machine, device, manufactured item, or chemical compound - or any new and useful improvement to the same. Utility literally means has purpose or useful function. The life of a U.S. utility patent lasts 20 years.

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Difference between a design patent and a utility patent

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Plant Patent A plant patent is a grant by the government to an inventor (or his heirs or assigns) who has “invented” or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. This grant gives the plant patent owner the right to exclude others from asexually reproducing the plant and from using, offering for sale, or selling the plant so reproduced, or any of its parts, throughout the United States, or from importing the plant so reproduced, or any parts thereof, into the United States.

TYPES OF PATENT : 

TYPES OF PATENT Various types of Patent Applications in India 1. Ordinary application 2. Convention application 3. Application for Patent of addition 4. Divisional application 5. PCT application

1. Ordinary application : 

1. Ordinary application The first application for patent filed in the Patent Office without claiming priority from any application or without any reference to any other application under process in the Patent office is called an ordinary application.

2. Convention application : 

2. Convention application When an applicant files a patent application, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries, it is called a convention application. To get a convention status, an applicant should file the application before any of the patent offices within 12 months from the date of first application in the convention country.

What is the Paris Convention? : 

What is the Paris Convention? The Paris convention was first signed in 1883. It is devised to facilitate protection of industrial property in the member countries without any loss in the priority date. Priority date is the date of first filing allotted by the patent office to an application.

Is a patent granted in one country enforceable in other countries? : 

Is a patent granted in one country enforceable in other countries? No. There is nothing like a global patent or a world patent. In other words, for obtaining patent rights in different countries one has to submit patent applications in all the countries of interest for grant of patents. This would entail payment of official fees and associated expenses, like the attorney fees, essential for obtaining patent rights in each country. However, there are some regional systems where by filing one application one could simultaneously obtain patents in the member countries of a regional system; European Patent Office is an example of a similar

What is the Paris Convention? : 

What is the Paris Convention? Someone who wanted to obtain patents in multiple countries had to file separate applications in each of these countries. If the invention was going to be put on the market, it would no longer be patentable in most countries.

What is the Paris Convention? : 

What is the Paris Convention? The Paris Convention grants an inventor a priority right based on a patent application filed in one member country. If the inventor subsequently files patent applications for the same invention in other member countries within one year after filing the first one, the later applications receive the "priority date” that is equal to the filing date of the first patent application. This gives the inventor one year to prepare translations and to brush up specification and figures, and to decide in which countries he wants to file a patent application.

3. Application for Patent of addition : 

3. Application for Patent of addition Patent of addition is an application made for a patent in respect of any improvement or modification of an invention described or disclosed in the complete specification (already applied). Advantages: Patents of addition allow you to gain patent protection for improvements or modifications to your previous invention. There is no need to pay separate renewal fee for the patent of addition during the term of the main patent.

4. Divisional Application : 

When the application made by an applicant claims more than one invention, the applicant on his own request or to meet the official objection raised by the Controller of Patents may divide the application and file two or more applications as applicable for each of the inventions. This type of application divided out of the parent one is called divisional application. The priority date for all the divisional applications will be same as that claimed by the parent application 4. Divisional Application

5. Patent Cooperation Treaty : 

5. Patent Cooperation Treaty The Patent Cooperation Treaty or PCT is an international agreement for filing patent applications. Entered into force in 1978. India joined the PCT on December 7, 1998.

5. Patent Cooperation Treaty : 

In order to protect your invention in other countries, you are required to file an independent patent application in each country of interest. This would entail a large investment, within a short time, to meet costs towards filing fees, translation, attorney charges etc. In addition you are making an assumption which, due to the short time available for making the decision on whether to file a patent application in a country or not , may not be well founded . Inventors of contracting states of PCT on the other hand can simultaneously obtain priority for their inventions without having to file separate application in the countries of interest ; thus saving the initial investments towards filing fees, translation etc. 5. Patent Cooperation Treaty

What are the conditions to be satisfied by an invention to be patentable? : 

An invention must satisfy the following three conditions of : Novelty Inventiveness (Non-obviousness) Usefulness What are the conditions to be satisfied by an invention to be patentable?

Novelty : 

Novelty An invention will be considered novel if it does not form a part of the global state of the art. Information appearing in magazines, technical journals, books, newspapers etc. constitute the state of the art. Oral description of the invention in a seminar/conference can also spoil novelty. Prior use of the invention in the country of interest before the filing date can also destroy the novelty. Novelty is determined through extensive literature and patent searches.

Inventiveness (Non-obviousness) : 

Inventiveness (Non-obviousness) Even if an applicant's claim for an invention is technically novel, a patent can still be denied to the applicant if the applicant's subject matter is "obvious".

Usefulness : 

Usefulness An invention must possess utility for the grant of patent No valid patent can be granted for an invention devoid of utility.