Scribd Logo
Upload

Welcome to Scribd!

  • 12 views

    Features of A Patent

    Uploaded by

    34 NIVEDITA S
    The document discusses the key features and process of obtaining a patent. It notes that a patent provides intellectual property rights for an inventor's creation and excludes others from infringing on the invention. There are three main types of patents: utility patents for machines and processes; design patents for visual designs; and plant patents for new plant varieties. To receive a patent, an invention must be novel, non-obvious, and useful. The patent process involves formulating a strategy, studying prior inventions to ensure no infringement, outlining claims, writing a detailed description of the invention, refining claims, and pursuing the application through provisional, regular, or international channels.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Features of A Patent

    Uploaded by

    34 NIVEDITA S
    12 views2 pages
    The document discusses the key features and process of obtaining a patent. It notes that a patent provides intellectual property rights for an inventor's creation and excludes others from infringing on the invention. There are three main types of patents: utility patents for machines and processes; design patents for visual designs; and plant patents for new plant varieties. To receive a patent, an invention must be novel, non-obvious, and useful. The patent process involves formulating a strategy, studying prior inventions to ensure no infringement, outlining claims, writing a detailed description of the invention, refining claims, and pursuing the application through provisional, regular, or international channels.

    Original Description:

    Original Title

    Features of a Patent

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses the key features and process of obtaining a patent. It notes that a patent provides intellectual property rights for an inventor's creation and excludes others from infringing on the invention. There are three main types of patents: utility patents for machines and processes; design patents for visual designs; and plant patents for new plant varieties. To receive a patent, an invention must be novel, non-obvious, and useful. The patent process involves formulating a strategy, studying prior inventions to ensure no infringement, outlining claims, writing a detailed description of the invention, refining claims, and pursuing the application through provisional, regular, or international channels.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    12 views2 pages

    Features of A Patent

    Uploaded by

    34 NIVEDITA S
    The document discusses the key features and process of obtaining a patent. It notes that a patent provides intellectual property rights for an inventor's creation and excludes others from infringing on the invention. There are three main types of patents: utility patents for machines and processes; design patents for visual designs; and plant patents for new plant varieties. To receive a patent, an invention must be novel, non-obvious, and useful. The patent process involves formulating a strategy, studying prior inventions to ensure no infringement, outlining claims, writing a detailed description of the invention, refining claims, and pursuing the application through provisional, regular, or international channels.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    5.

    2 FEATURES OF A PATENT
    The features of a patent are given as follows.
    1. “Intellectual property” is the creation of the mind of an inventor.
    2. Intellectual property right” is the legal rights of an inventor to exclude others from infringing his/her
    invention.
    3. There are four intellectual properties i.e., Patent, Trademark, Copyright, Trade Secret.
    4. Patent is the monopoly given by the government to an inventor to exclude others from infringing his/her
    invention.
    5.2.1 Types of Patent
    1. Utility Patent
    Patent given to a new process, machine, art, composition matter is called Utility Patent.
    2. Design Patent
    Patent given to a visual design of an invention is called Design Patent.
    3. Plant Patent
    Patent given to a newly produced plant is called Plant Patent.
    5.2.2 Conditions for Patency

    1. Patents must be granted for inventions that have not been made public, even by the applicant,
    prior to the date of application. Inventive steps must be the solutions that are not immediately
    apparent to a manufacturer. For example, a different attachment method for a swing may be a new
    method for making swings, rather than welding the tubes together.

    2. However, for an individual involved in the production of the swing, this solution is too obvious
    to be considered as an inventive step. Industrial applicability must be demonstrated, meaning that
    the invention must be possible to be produced. For example, an application for a patent for a new
    type of playing card may be made for an idea of a new card game, but it cannot be produced. It is
    a public claim of an invention and this also serves as a provisional patent application.

    5.2.3 Steps involved in Formulation


    1. Formulating a strategy and plan
    In formulating a plan for disclosure, there are three important criteria involved as follows.
    a) Timing of application
    The application must be filed before any disclosure (or) within 1 year
    after the first public disclosure.
    b) Types of application
    There are two types of application namely provisional and regular costing 100
    $ and 500 $ respectively. Though a team has filed a provisional application the team has to file the
    regular patent application within a year.
    c) Scope of application
    The team must be clear in what they concentrate on patent of their invention.
    For example, if a printer has a new design and a novel paper arranging method, the team
    must file separate patent for the printer.
    2. Study of Prior Invention
    The team must
    1. study the existing and historical literature, so that the patent doesn’t
    infringe the existing ones.
    2. capture the novel ideas of the inventions to be patented properly.
    3. Outline Claims
    A Patent owner has the right to use the patent both in “offensive and defensive”
    manner. Therefore, mentioning the claims properly is a very important step.
    4. Writing the Description of an Invention
    The bulk of the patent is formally known as “Specification”. The bulk of the patent
    contains title, list of inventors, background of invention, summary of invention, brief
    description of drawings in the bulk etc.
    a) Title
    It is the short descriptive label for the invention.
    b) List of inventors
    All inventors must be listed. There is no requirement or limit on the number of inverters
    to be listed. A failure to list an inventor may lead to patent not being declared.
    c) Background of the invention
    State the problem that the invention solves. Explain the context of the
    problem, mistakes in existing solutions, what is the new solution and its
    advantages.
    d) Summary of the invention
    The substance of the invention is in summarized form or advantageous that solution
    created by the invention offers.
    e) Brief description of the drawing
    List the figures in the description along with a brief description of each drawing.
    f) Detailed description of the invention
    The most comprehensive section which contains detailed descriptions of
    embodiment of the invention along with the embodiment of the work. The
    description should be up to date.
    5. Refining the Claims
    The guidance to writing claims are:-
    1. Words like “ approximately, specifically” should not be mentioned.
    2. The claims must be crisp and clear i.e mention specific novel part of invention.
    6. Pursuing the Application
    The following ways are applicable to pursue a patent application.
    Filing a provisional patent application
    An individual (or) a small company can file an provisional patent application
    and easier to file the normal patent.
    Filing a regular patent application
    Team proceeds to file a regular patent which is about 500$.
    Filing a PCT ( Patent Cooperation Treaty) application
    Team proceeds to file an PCT application which helps in getting an international
    patent protection for a single patent application in a single country

    You might also like