PATENT
a grant issued be the government on inventor designer or maker The right to exclude others from making using or selling his invention
patent
any technical solution of a problem in any field of human activity which is new involves an inventive step and is industrially applicable
patentable inventions
examples of non patentable inventions
discoveries, scientific theories
methods for treatment of human or animal body
schemes Rules and methods of performing mental acts
plant varieties
aesthetic creations
anything which is contrary to public order or morality
an invention shall not be considered new if it forms part of a prior art
novelty
if having regard to prior art it is not obvious to a person skilled in the art
inventive step
an invention that can be produced and used in any industry
industrial applicability
first publication is within ___ from filing date
18 months
substantive examination must be done within____from first publication
6 months
one application equals one invention
unity of invention
maybe allowed if there is more than one invention either voluntarily or within 4 months from recommendation of the director
divisional application
grounds for cancellation of patent
no novelty
abuse to person skilled in the art
contrary to public order or morality
the right to a patent belongs to that inventor, his heirs, and assigns
write to a patent
when two or more persons have jointly made an invention the right to a patent shall belong to them___
jointly
if two or more person separately made the same invention priorities given to one who filed first
first to file rule
when an application made locally when an earlier application is filed abroad a local application is filed within___ from priority d date
12 months
date of filing of foreign application for the same invention
priority date
remedy of actual inventor is to file an action in court to prove that he is the actual inventor within one year from first publication
application still pending
within one year from publication of the patent he can be substituted as patentee or seek cancellation of patent
patent already granted
The person who commissions the work shall own the patent unless otherwise provided in the contract
commissioned inventions
The term of a patent
20 years from the filing date of the application
The making using offering for sale selling or importing a patented product or a product obtained directly or indirectly from a patented process
infringement
The item that is being sold made or used conforms exactly to the patent claim of another
exactness rule
one makes uses or sells an item that has all the elements of the pattern claim of another plus other elements
addition rule
with some modification and change but substantially the same function...
doctrine of equivalents
The doctrine of equivalence does require satisfaction of the
function -means -and -result test
is repeated by the infringer or by anyone in connievance with him after finality of the judgment
criminal action for repetition of infringement
damages cannot be recovered for acts of infringement committed before the infringer had known, or had the reasonable grounds to know of the patent.
notice to infringer
issuance of a license by the director general of the IPO to exploit a patented invention without the permission of the patent holder
compulsory licensing
in patent rights is to be registered in
IPO
patent n protection starts upon
application
it provides that an infringement also takes place when a device appropriates a prior invention by incorporating its innovative concept and all the with some modification and change perform substantially kemerut
doctrine of equivalents