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How to Read a Patent Document
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- 3. 3 For this FDP… • Let us mute our mics • Any question put on TAB. All the questions will be compiled by team CMR and answers mailed back to you • Few questions may be taken up during the FDP • The sequence of the content may vary please. • Some issue unmute 1-2 representatives, talk
- 4. 4 www.ipadventure.in Slides designed by the team. I am distant associate for this startup. Slides will be made available on slideshare: Topic name and slideshare
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- 10. How to read a patent
- 13. • Bibliographic data • Field of Invention • Background of the invention • Prior art • Object of the invention • Summary of the invention • Brief description of drawings • Detailed description • Claims Anatomy of the Patent
- 15. Some Key points in the Bibliographic Data
- 16. • INID Codes-Internationally agreed numbers for identification of bibliographic data. • Kind codes- Indicate the status of the document • Inventor – Who actually invented. • Assignee- Whom it has been assigned (College in your case) • International Patent Classification • Reference- Prior art documents which inventor and examiner have referred. • Patent Examiner- An expert appointed by patent office to examine the patent application. • Patent Attorney- The legal firm which has been authorised by the inventor to prosecute the patent application. Some Key points in the Bibliographic Data
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- 18. Technical Data
- 19. Technical Data
- 20. Technical Data
- 21. Technical Data
- 22. Technical Data
- 23. Technical Data
- 24. • Usually written in two sentences • Briefly describes the broad area of technology under which the patent falls. • Basically, it should be crisp and clear enough so that the Examiner of patent easily understands the nature of the invention and classifies the technology according to its general nature. Field of Invention
- 25. • This section describes the state of the art in the particular technical area to which the patent relates and • What problems remain to be solved or disadvantages accompanying the prior art solutions. • In other words, Background of the invention should describe what others have done in the field, and what problems have not been solved by this prior work. • It is always better to mention the status of the closest technology, experiments, patents and patent applications in this section. Background of the Invention and Prior art
- 26. • Object of invention should clearly reflect the advantages of the invention. • Each and every object and advantages of the invention should be described in a separate sentence. • Basically, this portion is a comparative analysis of the inventive technology over the existing one. Object of the invention
- 27. • Summary of invention describes a broad overview of the invention and, thus, provide a structure for understanding the Detailed Description and Claim sections of the specification. • The summary of the invention describes the invention overall, e.g., the purpose of the invention, problems solved, advantages offered, and so forth. Summary of the invention
- 28. • The brief description of drawings includes a written description of the invention that explains how to make and use it. • It should point the reference numerals used in the drawings and should be specific. • The details should be sufficient enough for a person skilled in the art to understand and perform the invention. Brief description of the drawings
- 29. • The detailed description describes in detail what the invention is and how it is made and used. • It should reflect the complete picture of the invention and should be sufficient for a person skilled in the art to perform the invention by developing necessary technical know‐how. Detailed description
- 30. • Claims are the essence of a patent. • The claims define the invention which the inventor holds as his exclusive property and has the right to exclude others from making, using and selling. • The claims specify the scope of ownership in a piece of property, i.e. Intellectual Property. • These claims are of paramount importance in both patent prosecution in the Patent Office and patent litigation in the courts. • Therefore, during claim drafting the choice of words used in the patent claims should be dealt in a great understanding and thought. Claims
- 31. • An abstract should be drafted in such a manner to make it reflect the technical field of the invention with the existing technical problems and the solution to overcome such problems. • It should be briefly drafted and within the limit of 150 words. • The aim of abstract should be to provide the better information to third parties. Abstract
- 32. JUGAAD!!! 32
- 33. WANT TO MAKE A CAREER IN IPR? 5/7/2020 33SP College, Pune
- 34. IP Career Courses Available after Graduation B.Sc./M.SC. Academics Job Opportunities in IPR LL.B. (IPR) IIT KGP PGDIPRL (NLSIU, NALSAR, IGNOU) Patent Certificate Course (FC) L.L.M. (IPR) (Universities Abroad) 5/7/2020 34SP College, Pune
- 36. • LL.B. (IPR) IIT, Kharagpur http://www.iitkgp.ac.in/law;jsessionid=EF01C8138FF710D2D633603A7B6 EE789 • IP Law firm Pune/Mumbai/Hyderabad/Banglore/Noida/Delhi… • http://www.ipindia.nic.in/vacancy-announcement.htm • RGNIIPM http://www.ipindia.nic.in/rgniipm.htm • PGDIPRL (NLSIU, NALSAR, Law College) http://ded.nls.ac.in/overview-ded/ 5/7/2020 36SP College, Pune
- 37. KIRAN-IPR Training for women B.Sc. (all branches) M.Sc. (all branches) 2-Step Entrance Exam 5/7/2020 37SP College, Pune
- 38. 5/7/2020 38SP College, Pune
- 39. 5/7/2020 39SP College, Pune
- 40. 5/7/2020 40SP College, Pune
- 41. Job Opportunities Government Sector Private Sector Freelancer Work/ IP Start-up 5/7/2020 41SP College, Pune
- 42. US9221293 5/7/2020 42SP College, Pune
- 43. Let us take an example of US9221293 The regulatory group who will draft, examine, prosecute, grant and protect this Patent The Industry who would potentially use the patent & its inventors in the quest for business, growth and eventual profits. The inventors who invented this Each of these areas of work offer a career growth path 5/7/2020 43SP College, Pune
- 44. 5/7/2020 44SP College, Pune
- 45. 5/7/2020 45SP College, Pune
- 46. L.L.M. Studies in IPR • WIPO • Australian Universities (QUT) • UK Universities (QMUL, Cambridge, UCL, Bournemouth,…) • USA Universities (George Washington,….) • EU Universities • Maastricht University (The Netherlands) • MIPLC (Munich, Germany) • Turin University (Milan, Italy) IP Study - Opportunities Abroad 5/7/2020 46SP College, Pune
- 47. Career in IPRs- Combination of Science and Law 1) Industry is exponentially growing 2) Salary is good Patent Analyst can easily start with salary of 3 lac pa (Pharma & BPO industry -12,000 per month i.e. 1.44 lac pa) Graduates with IPR + Mpharm/MBA degree can begin with 5 lac pa 3) Growth is easy Professionals with 2-3 years of experience in IP industry are earning 10 lac pa. This kind of package is only expected for B.E.+MBA 5/7/2020 47SP College, Pune
- 48. 4) You can work in “brand” companies 5) You can have international exposure 6) Work for 5 days a week! 5/7/2020 48SP College, Pune
- 49. 5/7/2020 Learning outcomes for students • General idea about various types of IPRs • Complete Patent Lifecycle • Drafting • A fair idea about Patinformatics • Career opportunities in the Field of IPR 49SP College, Pune
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- 56. Forms • Form 1 • Form 2 • Form 3 • Form 5 • Form 9 • Form 13 • Form 18 • Fees 56
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- 58. IP- Intellectual Property • Original Ideas, research Results • A book or a novel protected by copyright • Copyright need not be registered • WIPO ( World Intellectual Property Organisation) • patents, copyrights, trademarks, geographical indications, designs 58
- 59. IP- Intellectual Property • GI- Darjiling Tea • Adidas Shoe- Aesthestics plus functionality- No need to register • Disney Character - register • Trademarks- Logos • Patent duration – 20 years from the date of application 59
- 60. IPR (Right) • making, using, selling, marketing, importing the product • IPR (Legal entitlement) • Violation of IPR- Infringement • IP protected by IPR 60
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- 62. IP- Scrutiny • FER- First examination report • Objections- technical/ substantial • Patent Prosecution- Raising objection over a patent application • Trademarks Prosecution has less detail and less analysis • IP Office- IPAB Tribunal- High court- Supreme Court 62
- 63. Copyright • Right to print publish, perform or record • Work to be recorded or copied on some medium • Right to make copies • Life of author plus 60 years 63
- 64. Trademark • Symbol or word legally registered or established by use • Benz mark for undergarments was stopped • Trademark unlimited life IP • Design- visual things 64
- 65. Mahatma Gandhi-Still alive in the form of IPR
- 66. Trademarks in some jurisdictions 1. Chile 2. France
- 67. Copyright on Several Books
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- 69. GI 69
- 70. GI 70
- 72. Patent Prosecution • The process of registration of patent in the patent office by drafting patent specification • The entire patent lifecycle • Replicable • Can generate revenue through sale 72
- 73. Types of Patent Applications • Ordinary application- no priority • Convention • National Phase PCT ( Patent Cooperation Treaty) • Patent of Addition • Divisional application 73
- 74. Types of Patent • Utility Patent • Provisional Patent • Design Patent • Plant Patent 74
- 75. Patent War • Qualcomm versus Apple- 6 infringement suits • Music producer Morris Levy and John Lennon - copyright infringement case • Microsoft and Google- xbox, Motorola • HUL versus Amul- frozen dessert/icecream 75
- 76. acknowledgement • Pallavi Kadam www.ipadventure.in • Shalaka Tolye www.ipadventure.in • Prof. feroz Ali NPTEL Course IPR and Patents, IITM 76