Unit 2 IPR New

Chapter 2
Patents
What is a patent?
● A patent is the exclusive intellectual property right to an invention of a

technical product or process.Protection of an invention
● Patent rights protect inventions. If you have a patent, others are in principle
not permitted to make, use, resell, rent out, supply, import or stock your
invention, or offer it to someone else.
● What are the criteria for patenting my invention?

You can protect your invention with a patent. A patent can be used to prohibit others
from copying, selling or importing your invention.
Patent applications: Three criteria
Patent applications must satisfy the following three criteria:

1) Novelty
This means that your invention must not have been made public – not even by yourself – before the
date of the application.
2) Inventive step
This means that your product or process must be an inventive solution. It cannot be a solution that
would be obvious to a manufacturer. Take the example of a different attachment method. Instead of
welding the tubes of a swing together, they might be screwed together. This may well be a new
method of making swings. But for someone involved in making them, it is too obvious a solution to
be called an inventive step.
3) Industrial applicability
This criterion implies that it must be possible to actually manufacture the new invention. In other
words, you can apply for a patent on a new kind of playing card that is easier to hold than existing
cards. But you can’t obtain a patent for an idea for a new card game.
These rules are laid down in the Patents Act 1995.
Patent licence for the use of an invention
● You can give others permission to make, sell or administer your patented product or
process. Patent holders can grant such permission by issuing a patent licence.
Types of Patents-Process
There are three types of patents - Utility, Design, and Plant
Utility Patent: Utility patents may be granted to anyone who invents or
discovers any new and useful process, machine, article of manufacture, or
compositions of matters, or any new useful improvement thereof.
Design Patent: Design patents may be granted to anyone who invents a new,
original, and ornamental design for an article of manufacture.
Plant Patent : Plant patents may be granted to anyone who invents or discovers
and asexually reproduces any distinct and new variety of plant.
How to Get Patent Protection in India?
Patent protection can be attained by following the given procedure. the application has to
be filed for every country separately.
The patent protection process involves three steps:
Step 1 - The person or the company involved must file a patent application with the
patent office.
Step 2 - The patent office after submission examines the application and conducts a
novelty search wherein every literature and documents available are searched.
Step 3 - After an application for examination of the application is filed the examiner
checks all the available documents filed along with the claims based on the novelty
search conducted prior to this step.
The applicant is given a chance to argue upon the interpretation of the examiner used to
limit the scope of the invention.
Product & Utility Models
•A utility model is a patent-like intellectual property right to protect inventions.
•A utility model is a statutory exclusive right granted for a limited period of time.
• In exchange for an inventor providing sufficient teaching of his or her invention to

permit a person of ordinary skill in the relevant art to perform the invention
•The cost to obtain and maintain the utility model is cheaper.
•Utility model protection is available only in some countries based on technology.

Patent infringement- Case studies- Apple Vs Samsung
•April 2011: In the actual legal action filed by Apple against Samsung, the former stated
that Samsung had copied the design as well as the technology of Apple products.
•August 2011: Apple sued Samsung for patent infringement through its products,
including the Samsung Galaxy Tab 10.1. In response, Samsung sued Apple over 3G
patents and stated that iPhone such as iPhone 4, iPhone 4S, and iPad 2 infringed its
patents.
•November 2011: In late 2011, Samsung was held victorious against Apple. A federal
court in Australia lifted the preliminary sales injunction banning Galaxy tablet sales.
•The Apple vs. Samsung case not only reminds us of the importance of filing multiple
design patents for protecting a new product’s look but also the significance of
conducting a patent search.
Types of Patent Searches
•1. Patentability Search

•a patentability search helps identify whether or not an idea is novel and nonobvious.
•The most complete searches include all types of prior art to give an inventor or
organization a comprehensive look at the technology landscape.
2. Freedom to Operate Search

•Completing an FTO search early in the innovation cycle helps R&D teams design
around existing patents.
3. State of the Art Search
•Completing a state of the art search (also known as a product clearance or patent
landscape search) allows you to examine the literature related to a specific industry,
rather than around a certain technology, which may be applicable across industries.
•Using a state of the art search helps businesses find competitors and existing products
within their field.
4. Invalidity Search
•To assess the strength of a specific patent, companies will use an invalidity search.
•The results of this search determine whether or not the patent holder can claim
infringement. They can also be used to decide licensing fees or value.
Product & Utility Models
• The patent owner has the right to protect his invention for a period limited to the
duration of the patent term (which is usually 20 years from the filing date).
• In several countries, inventions are protectable through registration under the name
of ‘utility model,’ which may also be called ‘short-term patent,’ ‘petty patent,’
‘innovation patent,’ and ‘incremental innovation.
• The invention standard under the utility model is lowered to an ‘innovative step.’
For example, an innovation or a utility model can use products or inventions that
have already been invented in a new and innovative way to solve a particular
problem
Patent Utility Model
All new inventions or substantial improvement
All marginal improvement inventions can be protected.
inventions can be protected.
The term of protection is 20 years from the date of patent The term of protection is between 7 and 10 years from the
filing. filing date.
The patent cost to obtain and maintain the patent is The cost to obtain and maintain the utility model is
expensive. cheaper.
It requires substantive examination of the patent It does not require a substantive examination procedure, as
application to validate patentability. it does not require the inventive step.
Obtain Utility model protection; it requires less time,
A longer time [2 to 5 years] is required to obtain a patent.
between 6 months to 1 year.
Patent protection is available in almost all major Utility model protection is available only in some
countries. countries based on technology.
Patent protection is actively used Utility model protection is less actively used.
Conversion of the patent into the utility model is always Conversion of the utility model into a patent is possible
possible. under certain circumstances.

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Chapter 2

● A patent is the exclusive intellectual property right to an invention of a

● What are the criteria for patenting my invention?

Patent applications must satisfy the following three criteria:

The patent protection process involves three steps:

•A utility model is a patent-like intellectual property right to protect inventions.

• In exchange for an inventor providing sufficient teaching of his or her invention to

•The cost to obtain and maintain the utility model is cheaper.

•Utility model protection is available only in some countries based on technology.

•1. Patentability Search

2. Freedom to Operate Search

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