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What are Intellectual Property Right (IPR) ?

IPR is a general term covering patents, copyright, trademark, industrial design geographical indications, protection of layout design of integrated circuits and protection of undisclosed information (trade secrets).

What are the criteria for naming inventor (s) in an application for patent ?

The naming of inventors is normally decided on the basis of following criteria.

a. All persons who contribute towards development of patentable features of an invention should be named inventor's

b. All persons who have made intellectual contribution in achieving the final results of the research work leading to a patent should be named inventor (s)

c. A person who has not contributed intellectually in the development of an invention is not entitled to be included as an inventor.

d. A person who provides ideas needed to produce the 'germ of the invention' need not himself /herself carry out the experiments, construct the apparatus with his/her own hands or make the drawings himself/herself. The person may take the help of others . Such persons who have helped n conducting experiments , constructing apparatus or making the drawings or models without providing any intellectual inputs are not entitled to be named inventors
         Quite often difficulties are experienced in deciding the names of inventors . To avoid such a situation , it is very essential that all a scientist engaged in research should keep a factual , clear and accurate record of daily  work done by them in the form of  a diary. The pages in the dairy should be signed both by the scientist and the concerned leader.

When should an application for a patent be filled ?

Filling of an application for a patent should be completed at the earliest possible date and should not be delayed until the invention is fully developed for commercial working. An application filed with provisional specification disclosing the essence of the nature of the invention helps to register the priority by the applicant . Delay in filing an application may entail some risks like

( i ).other inventors might forestall the first inventor in applying for a patent for the said invention.

( ii ).there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her. 

What are the essential patent documents to be generated and submitted by a potential patentee ?

There are two types of patent documents usually known as patent namely (i) Provisional Specification and (ii) Complete Specification

Provisional specification : A provisional Specification is usually filled to establish priority of the invention is only at a conceptual stage and a delay is expected in submitting full and specific description of the invention. Although, a patent application accompanied with provisional application does not confer any legal patent rights to the applicants , it is ,however a very important document to establish the earliest ownership of an invention. It is essential to submit the complete specification within 12 months from the date of filling the first application. this period is extendable by 3 months. The Provisional specification is a permanent and independent scientific cum legal document and no amendment is allowed in this.

Complete Specification: Submission of complete Specification is necessary to obtain a  patent . The contents of the specification would include information regarding the field to which the invention relates, background of the prior art giving drawbacks connected to the hitherto known details of the invention. The contents of the complete specification should enable a reasonably skilled person in the rat to work the invention without the help of the inventors.

 Can a published or disclosed invention be patented ?

Publication or disclosure of the invention anywhere by the inventor  before filing of a patent application would disqualify the invention to be patentable . Hence, inventors should not disclose their inventions before filling of patent applications.

What is considered as the date of patent ?

The date of patent is the date of filling the complete specification . This is a important date because it is from this date that the legal protection of an invention covered in the patent takes effect. The term of the patent is counted from this date.

How does one keep a patent in force for the full patent term ?

A patent has to be renewed from time to time by paying the prescribed renewal fees. If the patent is not renewed, it will cease to remain in force and the invention becomes open to public.

What is expected from a patentee?

A patentee must disclose the invention in an patent document for anyone to practice it after the expiry of the patent.

What is the nature of information needed while consulting a patent attorney ?

An explanation of the history of the invention , where you got the idea from , how you developed it , any early failures and possible prototypes, with all your laboratory note books, etc., if possible . This will help the patent agent to explain the inventive step which is necessary to establish to obtain the patent, and it also increases his or her understanding of the invention so as to maximize the skill with which he or she can draft claims and specifications for it.

What you think is the central part of it, the most inventive element or most useful aspect, together with what other similar prior inventions you know of or have developed the idea from or improved upon. If you have developed an improved version of your competitor's products, admit it ; be totally honest . It is vital to be such so that the patent agent can define your invention properly in making the application and avoid excessive claims which might be stuck down.

A detailed description of the best way of putting the invention into practical use, results of your tests and trials , etc. including all the failures and defects should be conveyed to the patent agent.

Alternative ways of using the invention , and the substitutes for parts of it -i.e. will one chemical compound do as well as any other in the process, is there an optimum size etc, It may be worth drafting the patent widely enough to cover less satisfactory alternatives if this is possible -to prevent rivals from the marketing a less satisfactory completing product which because of its defects might bring the whole genre of product into disrepute.

Both after an initial search and during the course of the patent application it is important to respond quickly and accurately to queries which the patent agent may have, to help patent application  on the way and to save you money. Thus the client should in particular keep the patent agent informed of any new developments or improvements or of the changes made in the invention and nay rivals which appear etc.

Source : IPR Bulettin  ffom TIFAC

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