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Ashok Doppalapudi
Patent Practitioner

Copyright 2012 Ashok

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* Many times we get ideas without even realizing them! * Any thing you own,
How many of you would have wished that particular product would have worked in a different way? or had been created in a completely different manner?, most of you will say `YES.

Copyright 2012 Ashok

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* Sec.2(1)(J)

Invention means a new product or process involving an inventive step and capable of industrial application
* Discovery is nothing but to become aware of something that
already existed.

* Inventions help you discover things!


Microscope to discover micro organisms.

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* Not every invention has to provide a completely new solution. * Some very good inventions are mere improvements over previous
inventions.

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Distinct types of creations of the mind for which a set of exclusive rights are recognized, owners are granted certain exclusive rights to a variety of intangible assets

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*Patent Act 1970 *Trade Marks Act (1958 original) 1999 *The Copyright Act 1957 *The design Act 2000 *Geographical Indication of Goods (Registration and
Protection) Act 1999

*Plant Variety and Farmers Right Protection Act 2001

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Trademark

Design Patents Script & User Manual - Copyright


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A patent is a exclusive right given to a patentee for an invention for a limited term by a state for disclosing the invention Patent is a grant

for an invention by the Government to the inventor in exchange for full disclosure of the invention to debar others to exploit the invention for commercial success for a limited period within the geographical boundaries of the Nation
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* Quid pro quo Give and take. * For the progress of Science and Technology. * To protect & encourage Inventors to invent * To protect & encourage Investor to invest * To make a depository of Knowledge base of different

technologies properly categorized; such database can be used by Researchers for their further research.
products and process for public use.

* To make commercially available the new technological

* Compulsory license system for meeting emergency situations.

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INVENTIONS

Subject Matter Novelty or New

Inventive Step/Nonobviousness
Usefulness

Specification

PATENTS
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*Must be Statutory Subject Matter
* That Define the list of eligible subject Matters and define the list
of ineligible subject matters * Each country has its own eligible subject matters and ineligible subject matters.

* Subject Matter

* Inclusions * Exclusions (Sec 3)


* Example : - New form of known substance is excluded

* Software Program per se/ Atomic energy / Surgical


Methods/ Business Methods/ Agricultural Methods/ Natural Laws/ Other forms of known substance/ Mathematical formulas

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OR

Invention must not be *Published in India or elsewhere *In prior public knowledge or prior
public use with in India in India

*Claimed

before in any specification

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OR
A feature of an invention that

* involves technical advance as


or

compared to the existing knowledge

*have economic significance or both and *makes the invention not obvious to a
person skilled in the art

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Invention is capable of being made or used in any kind of industry.
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* The quid pro quo of the patent system is the early disclosure
of technical information in return for exclusive rights for a limited time * The purpose of the disclosure requirements is to put the public in possession of the invention once the patent expires * Patent protection is granted in exchange for disclosure of everything known about the invention * Patent application must have a fully enabling disclosure; the disclosure would be in such a way that a person skilled in that particular Art/Technology should able to enable the invention after going through the specification. The applicant can take the help of drawings or illustrations if necessary. * Must disclose best mode of the invention in his opinion; if there are several ways to practice the invention. * Must end with claims of the applicant for the invention disclosed.
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* Public disclosure before filing patent

* Sale of the product prior to filing application * Offer for sale * Even disclosure in Research work at Universities * Prior foreign publications * Public display
the nature of the product

* Exception for 1 yr if disclosed in scientific community

* Exception if displayed during the research and required by

* Publications May be your own * Knowledge in public or use in public * Secretly practiced invention
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FILING OF APPLICATION PROVNL. / COMPLETE
IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS

PUBLICATION OF APPLICATION

PROMPTLY AFTER 18 MONTHS FROM P.D.

REQUEST FOR EXAMINATION

WITHIN 48 MONTHS FROM F.D.

EXAMINATION-ISSUE OF FER

3rd Party Representation


ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS

GRANT OF PATENT
WITHIN 12 MONTHS

OPPOSITION

Decision of Controller Appeal

Appellate Board

Revocation/Amendment
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On what payable Prov./Comp spec. PAGES EXCEEDING 30 CLAIMS EXCEEDING 10 Form 2 4 9 18 18 6 7 -15 Individual 1000 100 200 1000/2000/3000 2500 2500 3500 1500 1000 1000 1500 1500 Company 4000 400 800 4000/8000/1200 10000 10000 14000 2000 6000 4000 4000 6000

*Request for extension of time REQUEST FOR EARLY PUBLICATION Request for Examination EXPRESS REQUEST FOR EXAMN.

*Change of Applicant *Notice of Opposition *Certified Copy\Certificate *On a petition *Restoration of lapsed patent

RENEWAL FEES 3rd to 6th Year(per year) 6th to 10th Yeardo-11th to 15th Year---do--16th to 20th year----do--500 1500 3000 5000 2000 6000 12000 20000

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Patent Trend - India
50000 40000 30000 20000 10000 0 2005 2006 No. of Patents Filed 2007 2008 No. of Patents Examined 2009 2010 2011 No. of Patents Granted

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S.No Name of Institutes/Universities Applications filed during 2010-11 58 38 32 29 20 16 16 13 11 NATIONAL INSTITUTE OF PHARMACEUTICAL EDUCATION AND RESEARCH (NIPER) 10 UNIVERSITY OF CALCUTTA 11

1 2 3 4 5 6 7 8 9

INDIAN INSTITUTE OF TECHNOLOGY, BOMBAY INDIAN INSTITUTE OF SCIENCE INDIAN INSTITUTE OF TECHNOLOGY, KANPUR INDIAN INSTITUTE OF TECHNOLOGY, KHADAGPUR INDIAN INSTITUTE OF TECHNOLOGY, MADRAS CENTRE FOR DEVELOPMENT OF ADVANCED COMPUTING INDIAN INSTITUTE OF TECHNOLOGY, DELHI THE ENERGY AND RESOURCES INSTITUTE (TERI)

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10000

9000 7782

8000 6775 6424 5536 6360

7000

Biotechnology Patents Chemical Patents Computer/Electronics Patents Drug Patents

6000

5000

Electrical Patents Food Patents

4000

Mechanical Patents General Patents

3000

Other fields Patents

2000

1000

0
2007 2008 2009 2010 2011

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Patent search Online:

www.uspto.gov
www.google.com/patents http://worldwide.espacenet.com/?locale=en_EP http://ipindiaservices.gov.in/patentsearch/

Copyright 2012 Ashok

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Ring-pull cans: Inventor licensed the system to CocaCola at 1/10 of a penny per can. During the period of validity of the patent the inventor received 148,000 UK pounds a day as royalties. Gillette Mach 3 is protected by a strong portfolio of 35 patents (including patents on the manufacturing process), which deters competitors from entering the triple-blade razor market. Post-Its are Invented and patented by the 3M corporation; basically a piece of paper with adhesive applied to it. Rubber bands were patented in 1845 by Stephen Perry, rubber bands took the world by storm.

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The first semblance of a zipper model traces back to Elias Howe, the founder of the sewing machine. In 1851, he created a patent for a device named An Automatic Continuous Clothing Closure, which had a similar function to the modern zipper, although the composition was significantly different. In 1913, Sundback revised and introduced a new model, which had interlocking oval scoops that could be joined together tightly by a slider in one movement or swoop. This final model is recognized as the modern zipper.

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Alexander Graham bell applied for a patent for the telephone on Feb 14, 1876, only a few hours before another inventor named Elisha Grey handed his application for a telephone as well. Had Bell waited one more day to apply for a patent, Elisha grey would today considered as inventors of the telephone. Patent number 174,465 issued in 1876.

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Thomas Edison: Has received nearly 1093 patents during his life. He didn't actually invent the light bulb. What he did was improve on a fifty year old idea.

Two Canadian friends, Henry and Mathew patented an incandescent light bulb in 1874. They later sold the patent rights to Edison. Edison conducted thousands of experiments on the improvements of incandescent bulb.
Later in 1879, Edison showed his Incandescent lamp to the world.
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Turmeric is a tropical herb grown in East India. Powdered products made from the rhizomes of its flowers has several popular uses. Patent U.S. patent on turmeric was awarded to the University of Mississippi Medical Center in 1995, specifically for the "use of turmeric in wound healing. It mean they own the exclusive right to sell and distribute turmeric in USA. Two years later, complaint was filed by India's Council of Scientific and Industrial Research (CSIR), challenging the novelty of the University's patent. The U.S. patent office investigated the validity of this patent, and revoked in 1997.

Copyright 2012 Ashok

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On July 7, 2005, Bajaj was granted a patent with a priority date of July 16, 2002. The title of the patent application was An improved Internal Combustion Engine working on four stroke principle. Features of the invention are: Small displacement engine as reflected by a cylinder bore diameter between 45 mm and 70 mm. Combustion of lean air fuel mixtures; Using a pair of spark plugs to ignite the air fuel mixture at a predetermined instant. The invention was called DTS-i Technology. In 2003, Bajaj launched Pulsar, a motorcycle which employed the DTS-I Technology.

Copyright 2012 Ashok

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In 2007, TVS announced the launch of a 125 cc motorcycle under the trademark Flame which was to be powered by lean burn internal combustion engine of bore size 54.5 mm with a twin spark plug configuration just like Bajaj. TVS stated that on September 1 & 3, 2007, Bajaj had issued certain groundless threats to dissuade TVS from launching Flame. October 2007, TVS filed a suit under section 105 & 106 of the Act in the Madras High Court, alleging that the statements made by Bajaj on September 1 & 3, 2007 constituted groundless threats. Upon the announcement by TVS, Bajaj filed a suit for permanent injunction under section 108 of the Act in the Madras High Court to restrain TVS from using the internal combustion technology patented by Bajaj.
Copyright 2012 Ashok

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Order of the Single Bench of the Madras High Court The Madras High Court restrained TVS from launching the proposed 125-cc Flame motorcycle with the twin spark plug engine technology, as Bajaj prima facie enjoyed the right of exclusive usage. Order of the Division Bench in Appeal o TVS preferred an appeal before the Division Bench of the Madras High Court. o The Division Bench further observed that the operation of the invention as claimed by the Bajaj appears to be plug centric and that of TVS was valve centric. Order of the Supreme Court o Bajaj preferred an appeal before the Supreme Court. o Although TVS shall be entitled to sell its motorcycle Flame, but it shall maintain an accurate record of its entire domestic and international sale and directed the Madras High Court to appoint a receiver in this connection.
Copyright 2012 Ashok

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i4i has patent on custom XML support.

Patent Number: US 5787449

The case: On March 8, 2007, i4i lodged infringement case on Microsoft by stating Microsoft has used its patented technology XML support in Word 2003, word 2007, windows vista and net framework, with out their consent. In other sense, "any Microsoft Word products that have the capability of opening .XML, .DOCX or DOCM files (XML files) containing custom XML,"

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The Judgement: On August 11, 2009, Texas jury has given the following judgment. Microsoft has willfully infringed the i4i patent(5787449). Ordered Microsoft to stop selling Microsoft Word unless it removed the infringing technology. On the part of damages, Microsoft has to pay $200 million to i4i. Microsoft agreed to remove the feature from all copies of Microsoft Word 2007 that will be sold on or after January 11, 2010. Word 2010 is being designed without the infringing technology.

Copyright 2012 Ashok

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* Is it just worth 30.00 Euro? * If a part of that 30.00 Euro returns to the Prof., he will be more motivated to * If
a part of that 30.00 Euro returns to the institute, the institute will accumulate and fund for new research and developments or give education needy students in-turn institute get values for all its services. do more research in his interest and in-turn more staffs will aspire to create value and get more monetary benefit.

* If a Prof. hires a student to develop that research papers and getting him paid * More

from that 30.00 Euro, students will be getting motivated to participate and bring more activities.
research will be triggered, more staffs and students will participate, a centre-of-excellence will come-up in future. maybe starting their own industry.

* More students will find themselves getting placed in their dream companies or * Everyone
will be getting Values and Monetary Benefit for their time spent in this Institution.

Copyright 2012 Ashok

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Gilead Sciences

Hepsera out-license GlaxoSmith

Kline

Vistide outlicense

Gateway Fund

Institute for Medical Research

(joint venture)
Cambridge Biotechnology
(funding)

Pfize r

Founders came out macrolide of Pfizer templates

Neurodegeneratio n Consortium

Addenbrookes Hospital

Biotica

Northern Venture Managers

(funding)

Cambridge University
Wellcome Trust

Daniolabs

Babraham Bioscience Inst Technologies Ltd Babraham Bioincubator Babraham Technix

Challenge Fund

Lorantis (funding) Astex Eli Lilly


virtual screening collaboration

Genzyme
antibodies license

Domantis

(Cambridge University administered)


Abbott arthritis collaboratio n

partnership

Cambridge Crytallographic Data Centre


(Cambridge University)
Copyright 2012 Ashok

Cambridge Antibody Technology


validation licensing

Wyeth
licensing

Amgen

AstraZeneca

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Funded Projects at VIT
Amount (Rupees in Lakhs) Schools / Centers No. of Research Projects No. of Consultancy Projects

School of Mechanical & Building Sciences School of Electrical Sciences School of Computing Sciences School of Biotechnology, Chemical & Biomedical Engineering School of Science and Humanities TIFAC-CORE Centre of Excellences Total
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16 03 03 08 21 01 04 56

03 02 05

176.34 27.61 25.94 80.70 244.35 4.45 702.00 1261.37

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Funding Agency Aeronautical Research & Development Board (AR&DB) All India Council for Technical Education (AICTE) Atomic Energy Regulatory Board (AERB) Centre for Air Borne Systems (CABS) Combat Vehicles Research & Development (CVRDE)

No. of Projects 4 3 1 1 1

Council of Scientific and Industrial Research (CSIR)


Defence Research and Development Laboratory (DRDL) Defence Research and Development Organization (DRDO) Department of Science and Technology (DST) Indian Space Research Organization (ISRO) Indira Gandhi Centre for Atomic Research (IGCAR) Institution of Engineers (India) University Grants Commission (UGC) Society of Biomedical Technology (SBT) LSRB Total Research Funded Projects : Consultancy : Setting up of Centre of Excellence : Total :
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4 14 18 4 4 1 2 1 1 61 52 5 4 61 Total Rs. 1261.37 Lakhs [Rs. 528.07 Lakhs] [Rs. 31.30 Lakhs] [Rs. 702.00 Lakhs]

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Q&A
Reach me @ Ashok Doppalapudi

doppalapudi.ashok@gmail.com +91 9885266569 +91 9884066569


Copyright 2012 Ashok

THANK YOU

Prof. Sri. M.M.M. Sarcar


Professor & HOD

& Sri. R. Madhusudan


Associate Professor

Copyright 2012 Ashok