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Dr. N.S. Rathore
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This book guides the drafting of patent applications from a practical perspective an gives all knowhow required to with a patent. Intended as an introductory text, it covers the entire process of drafting of a patent application and includes many helpful examples or case studies, illustrating the process from start to finish. This book also includes papers on working of patents in India which will give an idea to patentee to how to keep his patent alive. Looking to the increasing awareness among the inventors, investors and scientists and the increasing cost of patent attorneys, editors tried to publish a book containing papers from patent attorneys, scientists and innovators with practical case studies.

0 Start Pages

Preface In present situations the time for acquiring knowledge has become an important line for evaluating the success of university, institution, inventor, enterprise, government and industry; the shorter the time for gaining knowledge better will be the chances of success. Intellectual property rights (IPR) have become important in the face of changing technological environment, which is characterized by global competition, high innovation risks, short product cycle, need for rapid changes in technology, high investments in research and development (R & D) production & marketing and need for highly skilled human resources. In present geographical barriers to trade among nations are collapsing due to ICT intervention. Many products and technologies are simultaneously marketed and utilized in different countries. With the opening up of trade in goods and services intellectual property rights have become more susceptible to infringement leading to inadequate return to the creators of technology. In order to overcome this problem one has to file a patent application as early as possible before making it to public by any means. Patent is monopoly right which is granted by the Government to the applicant for the full disclosure of an ‘invention’ which is ‘new’, inventive’ and ‘industrially applicable’. A patent application requires a combination of legal documentation and technical papers. This issue makes patent writing a very different writing style. The proper drafting of a patent application takes into account technical breadth, economic feasibility, legal strategy, conformance with a vast number of rules and regulations including socio-techno-economic feasibility. A well-defined patent application decides the fate of an invention. Drafting plays an important role in the success of any invention during its prosecution, management and maintenance during its tenure and turning into profit. Drafting a patent application is one of the most important and at the same time one of the difficult legal and technical process. This book intellectual Property Rights: Drafting, Interpretation of Patent Specification and Claims is the compilation of the selected and invited papers out of those presented in the National Seminar on Intellectual Property Rights Drafting, Interpretation of patent Specification and Claims, which was held during March 16017, 2012 at College of technology and Engineering, Udaipur (Rajasthan). This was attended by officials from the patent office, representatives of patent attorneys, innovators, scientists and incubation managers of various organizations. This book guides the drafting of patent applications from a practical perspective and gives all knowhow required to write a patent. Intended as an introductory text, it covers the entire process of drafting of a patent application and includes many helpful examples or case studies, illustrating the process from start to finish. Further, this to patentee on how to keep his patent alive. Looking to the increasing awareness among the inventors, investors and scientist and the increasing cost of patent attorneys, editors tried to publish a book containing papers from patent attorneys, scientist and innovators with practical case studies. This book will be helpful for invents, scientists, novice patent attorneys, agents, law students, and for those preparing for the patent bar exam. We express our deep sense of gratitude to distinguished contributors of this book for their generosity in acceding to our request to share their valuable expertise. Prompt responses and encouragement received form them are gratefully acknowledge. We express our gratitude to Department of Scientific and Industrial Research, New Delhi, for their financial support for the Seminar and subsequent publication of this book.

1 Working of Patents in India

Abstract The two most important tasks for a patentee to undertake after being granted a patent, in any patent regime, would be to pay the renewal fees necessary to keep the patent alive, and provide proof of having worked the patent in the jurisdiction. This article seeks to highlight features of India’s legal requirements with regard to the working of patents on a commercial scale. The number of patents granted in a country is an indicator of the technological strength of the country. However, it should be noted that actual technological growth depends upon the working of patents. Working of a patent means the commercial exploitation of the invention that is embodied in the patent.

1 - 4 (4 Pages)
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2 IPR and Innovation
Pradeep Srivastava, Shalini Singh

Introduction ‘IP’ refers to unique, value-adding creations of the human intellect that results from human ingenuity, creativity and inventiveness. An IP right is thus a legal right, which is based on the relevant national law encompassing that particular type of intellectual property right. Such a legal right comes into existence only when the requirements of the relevant IP law are met and, if required; it is granted or registered after following the prescribed procedure under that law. All countries around the world have a national legal system of intellectual property rights which has developed over varying periods of time during the last 150 years or so. It has enabled the grant of property-like rights over such new knowledge and creative expression of mankind, which has made it possible to harness the commercial value of the outputs of human inventiveness and creativity. This is usually done by its orderly use, exchange or sharing it amongst various types of business partners in a complex network of strategic relationships that generally work harmoniously during the new product development process for creating and marketing new and improved goods and services in domestic and export markets. IPR is a tool for Innovation and reward for it. Innovations are concerned with the commercialization of new ideas; in contrast, an ‘invention’ may not be directly associated with commercialization. As such, innovation may be seen as a process of interaction and feedback during the various stages of the new product development process. An invention is considered as the generation of a new idea or knowledge, which aims to solve a specific technical problem. Inventions could relate to products or processes and are characteristically protected by trade secrets, utility models/petty patents or patents. Utility models/petty patents or patents are granted/registered under the relevant national/regional law by the relevant national or regional patent office. As not all inventions are commercialized, so it is clear that not all inventions result in innovations.

5 - 18 (14 Pages)
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3 Indian IP SWOT Regime and New Way of Understanding IP Strategies
Rathore, S.M. Mathur, Anshul Rathi

Abstract The main aim of the article is to identify the strengths, weaknesses, opportunities and threats of current IPR system in context to Indian regime and also to understand overall planning as well as important tactics and means to use IP legal protection system to fully safeguard one’s legitimate rights and interests, obtain and maintain competitive edges, restrain competitors and seek optimal economic performance by selection of appropriate IP strategies. This article also proposes ways to select IP strategy based on BCG matrix and product mix.

19 - 26 (8 Pages)
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4 Patent and the Issues on Technology Transfer
D.R. Agarwal

Technology transfer is an important commercial tool for leveraging and optimizing the value of intangible assets in the present era of globalization which has deepen the process of integration of the economic resources including the free movement of goods, merchandise, services, capital and intellectual property rights. This economic integration is facilitated by a legal framework of World Trade Organization (WTO) under various agreements including the Trade Related Aspects of Intellectual Property Rights (TRIPS). There are other International Institutions i.e., World Intellectual Property Organization (WIPO), World Customs Organizations (WCO) and United Nations Conference on Trade and Development (UNCTAD) to regulate and provide guidance for the protection and enforcement of IPRs. The present global economy is geared and triggered by knowledge and almost 80 % of the global wealth comes from knowledge based intangible assets and helps optimization of the limited global resources. Technology transfer is a tool for leveraging the value of IPRs and also for sharing knowledge around the world. Knowledge is weightless and in today’s era, knowledge is driven by Information and Communication Technology (ICT) which adds to productivity in all aspects of economic life. The term “Technology transfer” broadly connotes transfer of knowledge from one legal entity to another legal entity within and outside the national territories of the legal owner of the Patent holder at a consideration, known as license fees or technical fees or royalty. This may happen as a part of Foreign Direct Investment (FDI) or as a part of pure technological collaboration. In other words, Transfer of Technology (TOT) and Technology Commercialization allows the transfer of the technology by a patent holder to a user for further development and exploitation of the technology into new products, processes, applications, material or services. Patent provides an exclusive right to the patentee to exclude others from using an invention without his consent and the technology transfer is the process to include the licensee as the legal user without infringing the rights of the patentee. The exclusive right granted to a patentee is the right to prevent others from making, using, selling, or distributing the patented invention without his permission. The technology transfer allows the user to use the patented technology with the consent of the patent holder.

27 - 50 (24 Pages)
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5 Drafting of Complete Patent Specification with Case Study
Nidhi Bhatt, Anshul Rathi

The main purpose of this lecture note is to provide basic information on patent drafting skills and train applicants for drafting a patent in clear and concise manner. We will see the components of Complete Specification through the following Case studey (1) of a solar water heater. The figures are provided below for reference and better understanding.

51 - 68 (18 Pages)
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6 Introduction to Patent Infringement and Defenses Against Infringement
Manish Kumar, Anil K. Pandey

Abstract An intellectual property infringement is the violation of an intellectual property right of the owner. Infringement is established based on the law governing appropriate IPR in the concerned country. Both civil and criminal remedies are available under the concerned law. The present paper introduces the patent infringement as per Indian Patent Act, 1970. It discusses various modes and types of infringements which can take place. It further discusses a procedure to formulate opinion about product infringing a granted patent. In the end some usual defenses against patent infringements have been discussed. Some case studies have also been presented along with the damages awarded for the patent infringement.

69 - 78 (10 Pages)
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7 Are All Subject Matters Patentable?
Manish Kumar, Anil K. Pandey

Abstract The paper discusses patentability aspect of subject matter. Patentable subject matter must satisfy three basic criteria i.e. novelty, inventiveness and industrial applicability, though few subject matter satisfying all the three basic criteria stated above may still be not patentable in specific jurisdiction based on certain circumstances or as stated in the patent act of the specified jurisdiction. Therefore grant of a patent is subject to certain limitations mentioned in the section 3 and 4 of the Indian Patent Act for Indian jurisdiction. The aim of this paper is to study such limitations in detail.

79 - 88 (10 Pages)
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8 Hopes and Prospects on Intellectual Properties of Grass Root Innovators under Technopreneur Promotion Programme
P.K. Ghosh

Introduction In the perspective of the accelerating national growth rate of 8% recorded at the end of the 10th Plan to a projected growth rate of 10% by the end of the 11th Plan, yielding an average GDP growth rate of about 9% it was appearing that the nation is going to have a strong footing of development. However, it could not be fully achieved due to several reasons including the global recession and other factors related to international economic setback which may deter achieving a projected growth rate of 10% in the 12th Plan. In consideration of the international scenario of growing complicacy in economic growth more emphasis should be given on further efficient utilization of natural resources and intellectual properties of grass root innovators to improve per capita income leading to a promising national structure of economics ensuring wide spread benefits to the society. In this regard, true development of a nation like India can be primarily realized by recognition of wide spread enthusiasm of its innovative human resources living in village and rural areas. It can be made possible only through working with them by appreciating their struggle for survival using all round innovative measures coming out of their daily life experiences and traditional knowledge. Technopreneur Promotion Programme (TePP) is a unique scheme of Government of India for development of society especially by promoting the intellectual properties of grass- root level innovators coming out from the society with a source of inspiration arising out of their daily life struggle for existence. In spite of its limited publicity in remote areas an awareness of this programme has often been found to raise great hope to the villagers to do something for their society exploring the ideas generated from the experiences of life with the help of local resources. Such naturally grown innovation can be found undoubtedly novel and the idea can change their world of dreaming for a more prosperous life by bringing changes in socioeconomic pattern of trade and employment in rural areas with proper support from Government if India through the scheme like TePP.

89 - 92 (4 Pages)
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9 Managing Intellectual Property Rights
Poornima Ganesh

“Necessity is the mother of invention”, all of us must have heard this statement at some juncture in our lives. Most of us may even have even gone through the motion of inventing something when needed. However, more and more inventions happening today may not necessarily be necessities. These inventions definitely perform the task of improvingand making convenient our overall living environment. Past few years have seen an increasing awareness and understanding in the field of intellectual property. Among all aspects, one aspect of intellectual property that is gaining increasing attention of intellectual property owners is management of the intellectual property rights. This brings to our minds one question, how was intellectual property management practised by early mankind? We all do know that early mankind has left no stone unturned to make theabove statement”Necessity is the mother of invention”, a reality. Mankind prospered by leaps and bounds on account of sharing their various discoveries and inventions. Way back then knowledge was meant to be shared, as aptly captured in the Sanskrit Sloka:

93 - 108 (16 Pages)
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10 Patent Infringement — An Overview
Rajeshwari Hariharan

Abstract Patent infringement is the act of unauthorized making, using, offering for sale or selling any patented invention within the India. In case of patent infringement it is necessary for the patentee to compare the claims granted to him with the allegedly infringing product an check whether there is an infringement – whether the infringing product falls within the scope of the claims of the patent. In such a case the patentee may sue for relief in an appropriate court. The patentee may ask for permanent injunction and damages on account of the infringement. It is the crusade of the inventor asserting his rights against an infringer and the law recognizes the importance of this right; because, without such positive and assertive rights, industrial progress would be hard to come by

109 - 114 (6 Pages)
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11 Patent Search and Examination Methodologies
S.K. Swarup

Abstract Patent is a monopoly right which is granted by the Government to the applicant for the full disclosure of an ‘invention’ which is ‘new’, ‘inventive’ and ‘industrially applicable’. Thus, before filing a patent application, the inventor must be sure that the work done by him is new and inventive. Further, during the examination of the patent application, it is required to be verified that the invention claimed in the disclosure/specification is new, inventive and industrially applicable. Since the search for the ‘Novelty’ of the invention is carried worldwide, it becomes all the more important for the inventor and the examiners to search for the prior art thoroughly. Searching for the prior art (i.e. state of the art) across the globe in around millions of documents both patents and non-patent documents, is like ‘searching a needle in the haystack’. However, by using proper keywords and classification techniques, it is possible to arrive at the closest prior art available. Each patent application is classified by the Indian Patent Office and thus attributed to one or several fields of technology. The classification scheme applied is the International Patent Classification (IPC).

115 - 120 (6 Pages)
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12 International Patent Classification
Vimal Kumar Varun

Abstract Describes the genesis, organization and Internet representation of International Patent Classification (IPC). Provides the outline of seventh edition and useful URLs related to it. Keywords: International Patent Classification, Patent Classification, Classification, Internet representation Introduction The International Patent Classification, commonly known as the IPC, is based on an international multi-lateral treaty administered by World Intellectual Property Organization (WIPO). This treaty is called the Strasbourg Agreement concerning the IPC, which was concluded in 1971 and came into force on October 7, 1975. The Agreement aimed to overcome the difficulties caused by using diverse national patent classification system. The common classification system defined by the Agreement is applied to patent and utility model documents. The Agreement is open to States party to the Paris Convention for the Protection of Industrial Property.

121 - 126 (6 Pages)
₹57.00 ₹52.00 + Tax
13 WIPO, WTO, UNCTAD & ITC Profiles
Vimal Kumar Varun

World Intellectual Property Organization, The World Intellectual Property Organization - referred to in abbreviated form as WIPO in English, and OMPI in French and Spanish - was established by a convention signed at Stockholm on July 14, 1967, and entitled “Convention Establishing the World Intellectual Property Organization.” The WIPO Convention entered into force in 1970. WIPO became a specialized agency in the United Nations system of organizations in 1974 and dedicated to the use of intellectual property (patents, copyright, trademarks, designs, etc.) as a means of stimulating innovation and creativity. WIPO promote the development and use of the international IP system through Services, Law, Infrastructure and Development.

127 - 136 (10 Pages)
₹57.00 ₹52.00 + Tax
14 IPR Electronic Journals
Vimal Kumar Varun

Keeping in view the importance of intellectual property rights and their protection, Journal of Intellectual Property Rights (JIPR) was started in 1996. The objective of the journal is enhancing communication between policy makers, organizational agents, academics, and managers on the critical understanding and research on intellectual property; and to promote the development of the newly cultivated research field. The journal publishes contributed/invited articles, case studies and patent reviews; technical notes on current IPR issues; literature review; world literature on IPR; national and international IPR news, book reviews, and conference reports. JIPR is covered in the abstracting/ indexing services namely Scopus, EBSCO host Electronic Journals Service, Directory of Open Access Journal, Library & Information Science Abstracts database and Legal information Institute of India database.

137 - 142 (6 Pages)
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15 Patent Writing: An Approach with Example
S.M.Mathur, Priti Mathur

A Patent is a written document explaining an invention with exclusive right. It is used to protect an inventor/scientist and to prevent other from making profits without permission. It is also used as an authority paper permitting license holders to duplicate the results. A patent application requires a combination of legal documentation and technical papers. This issue makes patent writing a very different writing style. In India, patent applications can be filed by a patent agent or an individual having some scientific and technical background to understand the invention. However, no one can understand the invention better than the inventors themselves. Document preparation requires healthy discussions between the inventor and agent. For inventors, a good understanding on patent writing style can greatly facilitate the documentation process. Before filing the patent application inventor must be sure about that the subject is eligible for patent protection, the invention has something new, the invention is not obvious and is not easily predictable from general consensus, and the invention has practical application.

143 - 160 (18 Pages)
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16 End Pages

Appendices Aooebdix A Patent Offices American Patent & Trademark Law Centre Australian Patent Office (IP Australia) Austrian Patent Office Bangladesh-Department of Patents, Designs and Trademark Belgian Patent Office Brazilian Institute of Intellectual Property Canadian Intellectual Property Office

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