Patent Trademark Law For Engineers And Scientists Nptel In Broward
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FAQ
Prior to drafting the patent application, it is advisable to focus on the following points: Understand the given invention disclosure completely. Identify the field of invention and the other possible applications for the invention. Identify the problem, which is solved by the invention.
Patent applications: the three criteria Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application. Inventive step. This means that your product or process must be an inventive solution. Industrial applicability.
Patent law is territorial: each country has its own patent system, granting patents that can only be enforced within its jurisdiction. This principle recognizes the sovereignty of nations and allows them to regulate and protect inventions ing to their own standards.
Rights granted by a Patent If the patent is for a process, then the patentee has the right to prevent others from using the process, using the product directly obtained by the process, offering for sale, selling or importing the product in India directly obtained by the process.
The patent law promotes the sharing of new developments with others to foster innovation. The patent owner has the right to protect others from producing, using, distributing or importing the protected item. Essentially the patent is a property right that can be licensed, sold, mortgaged or assigned.
What is the term of a patent in the Indian system? The term of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date ed under PCT. 3.
Patent drafting is the process of preparing a detailed and accurate description of the invention, along with the legal claims that define the scope of protection.
Inter partes review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications.
Utility patent application: may be filed by anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
The applicant for the patent can make a request to the Controller to add a person as one of the inventors, if such person is also the applicant or is at least one of the applicants. As a best practice, it would be wise to submit to the Controller, consent of all the applicants, in case of joint applicants.