Application for a Patent
•Section 6: Following persons either alone or jointly
–True and First inventor
–Assignee of true and first inventor
–Legal representatives of the above
•True and First Inventor
–Person who made the invention first
–In case of two different inventors, one who applies first
•S. 2(1)(y) : "true and first inventor" does not include
–either the first importer of an invention into India
–or a person to whom an invention is first communicated from outside India
•A person who contributed one of the two main ideas – co-inventor – Norris’ Patent (1988) RPC 159
•Whether a financing partner could be deemed as an inventor? – VB Mohammed Ibrahim v. Alfred Schafranek, AIR 1960 Mys 173
•Employer and Employee relationship
–Invention in the course of employment
•Assignee
–S. 2(1)(ab): "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee
–A person to whom the invention has been assigned by the T & F inventor
–May be assigned to a partnership firm or a company
– •Legal Representative of
–T & F inventor
–Assignee of the above
–Assignee of the assignee
•S. 2(1)(k): legal representative" means a person who in law represents the estate of a deceased person
•S. 7: Form of Application
–Name, nationality, address of the inventor and the applicant
–Title of the invention
–Priority particulars filed in convention country
–Filing details of PCT national phase
–Patent of addition details if any
–Attachments:
•Provisional specification,
•Complete specification
•Drawings etc.
•Provisional Specification and Complete Specification
Provisional needs to contain only
Description of the general nature of the invention
Field of application
Anticipated result
No need to describe it completely and fully
–Object is to establish a priority date
–File complete specification within 12 months, else deemed to be abandoned
•Between provisional and complete, inventor may
–Conduct further research and
–improve on the invention
•May file two or more provisional specifications but only one complete specification
–12 months calculated from the first PS
•Complete may be treated as provisional on the request of applicant
•Once complete filed, provisional is cancelled
–Date of CS is changed to the date of PS
–Standipack v. Oswal
PS dated April 11, 1989
CS filed on October 11, 1990
Controller changed it to July 11 1989
Held to be prima facie in violation of s. 9
Contents of Specification- S. 10
•Must contain description of the invention
–Including all relevant diagrams or drawings
•Must contain claims
–The most important part of an application and for the invention is ‘claims’
–Has to state the scope of monopoly rights
•Description
–Disclose the invention sufficiently
–Mention the title sufficiently indicating the subject matter
•Claims
–Define clearly and with precision the monopoly claimed
–Anything which is not claimed is not protected
•Supply a model or a sample illustrating the invention, if asked by the Controller
Essential Requirements of a Complete Specification
•fully and particularly describe the invention and
–its operation or use and
–the method by which it is to be performed
best method of performing the invention known to him
Claims defining the scope of the invention
Provide an abstract
•Claims
–Function is to define clearly and with precision the monopoly claimed
–What is not claimed is disclaimed ( i.e. It won’t be protected)
–Others will come to know the boundaries of the protection within which they will be trespassers
•Abstract
–Concise summary of the invention
–Technical field to which the invention belongs
–Technical problem to which it relates and solution to that problem
–Principal use or uses of the invention
–Should not be more than 150 words
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