WEBVTT Kind: captions Language: en 00:00:23.720 --> 00:00:30.400 a very warm welcome in the second module of week two of the course intellectual proper property 00:00:30.400 --> 00:00:38.760 disputes code practices and enforcement now in this session we will focus on patent system in 00:00:38.760 --> 00:00:45.680 India so as already suggested and shared this week is completely dedicated to different types of ips 00:00:45.680 --> 00:00:53.880 and today we will focus on patent patent itself is a big subject and we have to kind of probably if 00:00:53.880 --> 00:00:59.680 we start learning about patent it is a four credit course and then patent searching is another four 00:00:59.680 --> 00:01:06.440 credit course you can say or two credit course at least so in this session one session of 30 minutes 00:01:06.440 --> 00:01:12.240 to talk about it is little obviously it is not possible so what I'm doing is like that I'm just 00:01:12.240 --> 00:01:17.600 giving you the glimpses some important things about patent and then giving you the references 00:01:17.600 --> 00:01:23.280 also okay so now when we are talking about a patent we will start with the definition and you 00:01:23.280 --> 00:01:31.120 know that what is a patent patent is a exclusive right which is granted by soarian of the state to 00:01:31.120 --> 00:01:42.040 whom to owner of the invention for what for sell then for make use of that particular invention 00:01:42.040 --> 00:01:48.440 then they can do the manufacturing of it right or they can kind of a sale that particular invention 00:01:48.440 --> 00:01:53.120 they can also import that invent invention related whatever product is there they can 00:01:53.120 --> 00:02:00.000 do that particular thing right and this is given only when you are doing the complete disc 00:02:00.000 --> 00:02:05.400 closure of that particular invention right complete disclosure in the sense you have 00:02:05.400 --> 00:02:10.920 to obviously share the details specifications what we call in a technical language you have 00:02:10.920 --> 00:02:17.120 to give all that specifications and therefore the application for patent we call it as a provisional 00:02:17.120 --> 00:02:23.280 specification or a complete specification you know that thing right and okay we have done 00:02:23.280 --> 00:02:30.080 disclosure we have kind of got the right but it is kind of a right which is kind of a given for 00:02:30.080 --> 00:02:36.920 particular period so it is not like a lifelong it is for a given for the particular period so when 00:02:36.920 --> 00:02:43.640 we are talking about this period it is how much it is a 20 years so the right is given for the 20 00:02:43.640 --> 00:02:49.840 years and this patent system we can say that it is a territorial in nature it is like not there 00:02:49.840 --> 00:02:56.000 is not a concept like a world patent many times it is mistakenly said so please remember it is a like 00:02:56.000 --> 00:03:01.800 a jurisdiction specific or a territorial specific so for example sample what is the meaning of that 00:03:01.800 --> 00:03:07.880 if it is a India then if you have filed patent in India you will get protection only in India 00:03:07.880 --> 00:03:14.640 not like USA or any other country right so is there any way to get the protection in other 00:03:14.640 --> 00:03:20.120 countries being a citizen of India yes there are two ways are there conventional application is 00:03:20.120 --> 00:03:25.360 there and there is a PCT application is there you can just check here there is a PCT application is 00:03:25.360 --> 00:03:32.280 there now when we are talking about this PCT right what what is it patent cooperation treaty it is a 00:03:32.280 --> 00:03:38.520 patent cooperation treaty now what exactly it and how it works I will just give the glimpses 00:03:38.520 --> 00:03:44.400 of that in the towards the end of this session okay so just this is a background about what the 00:03:44.400 --> 00:03:51.520 patent definition is how many years it is active so that is a legal life of that particular patent 00:03:51.520 --> 00:03:57.160 and there is no concept like a world patent that we have to remember now there are certain criteria 00:03:57.160 --> 00:04:03.400 for patenting we know that thing right if if you recollect if you have a brief idea about that just 00:04:03.400 --> 00:04:11.080 try to recollect that there are three criteria are you able to so these are like novelty non 00:04:11.080 --> 00:04:17.200 obviousness and utility or industrial application right so we call it as a trinity of patent so when 00:04:17.200 --> 00:04:24.040 we do the substantial examination or substantive examination of a patent we check this three 00:04:24.040 --> 00:04:30.960 important kind of that important things that is a novelty non obviousness and a that industrial 00:04:30.960 --> 00:04:36.280 application how to do that and all that details are there a video a separate video is recorded for 00:04:36.280 --> 00:04:41.440 this novelty separately non obviously separately industrial application separately so I'm just 00:04:41.440 --> 00:04:47.520 sharing one of the video and then you can just get the idea about that particular details about 00:04:47.520 --> 00:04:52.960 that novelty non obviousness but before entering into the that video what I want to share with you 00:04:52.960 --> 00:04:58.400 that along with that there is another important substantive examination is a section three of a 00:04:58.400 --> 00:05:03.960 patent Act is that which talks about invention which are not patentable so when we when the 00:05:03.960 --> 00:05:10.160 examiner do the patent examination that first thing we have seen the definition so all whatever 00:05:10.160 --> 00:05:15.960 the rights patent owner gets that is clarified what you have to do that is complete disclosure 00:05:15.960 --> 00:05:21.000 that is clarified how many years that is disclosed that is a 20 years you are getting that particular 00:05:21.000 --> 00:05:26.120 right and these three criteria whatever we are just talking is like a novelty non obviousness 00:05:26.120 --> 00:05:33.600 M and the industrial application or utility and then there is a section three so this this gives 00:05:33.600 --> 00:05:39.800 a pretty well idea ofed so what we will do now we will watch one video so that you can get idea 00:05:39.800 --> 00:05:47.440 about the one of the important like criteria or important that novelty or non obviousness or a 00:05:47.440 --> 00:05:52.680 utility about that you will get the idea you just watch this video definitely this is the invention 00:05:52.680 --> 00:05:58.560 which is related to medical field so he probably have taken some trials clinical trials that is 00:05:58.560 --> 00:06:06.280 accepted thing okay so then only we will say that invention or technology is not anticipated 00:06:06.280 --> 00:06:14.120 by publication and invention or technology has not been used in the country or elsewhere in the world 00:06:14.120 --> 00:06:20.600 so there are a few things we have to remember that before filing the patent inventor and 00:06:20.600 --> 00:06:28.360 applicant must ensure that they are maintaining a secrecy that is they're not disclosing things to 00:06:28.360 --> 00:06:35.840 people who probably will share the invention with others and they may make it public so sharing of 00:06:35.840 --> 00:06:43.400 invention should be careful and it should be very careful means the inventor and applicant should be 00:06:43.400 --> 00:06:50.160 very careful that they will maintain the secrecy there are Provisions in the ACT if by any mistake 00:06:50.160 --> 00:06:58.240 or by any chance if you have done the that the your invention is disclosed and if somebody takes 00:06:58.240 --> 00:07:04.400 it fraudulently then there are Provisions in the act that you can take action against that but to 00:07:04.400 --> 00:07:11.520 avoid such kind of cases it is always suggested that maintain a proper secrecy directions whatever 00:07:11.520 --> 00:07:18.080 you can take cautions to protect that invention you have to take there should not be a media 00:07:18.080 --> 00:07:26.120 disclosure Journal publication or web disclosure or a magazine public publication so we have seen 00:07:26.120 --> 00:07:31.960 that publication should not be anywhere means not not only a research Publications but there should 00:07:31.960 --> 00:07:39.600 not be any media disclosure or web disclosure or magazine disclosure nothing so no publication 00:07:39.600 --> 00:07:45.200 next is what you are thinking as a novel product or process it should not be a common knowledge 00:07:45.200 --> 00:07:51.440 by a concern field experts so the persons who are working in that domain they should not be aware of 00:07:51.440 --> 00:07:59.200 that particular thing whichever you are claiming as a new thing or a novel thing okay now we will 00:07:59.200 --> 00:08:05.720 move further and we will check about the different types of patent so there are like you can just see 00:08:05.720 --> 00:08:11.400 here that it is like a ordinary patent is there divisional patent is there conventional patent 00:08:11.400 --> 00:08:16.240 is there then there is like a international you can say the type as the national phase is 00:08:16.240 --> 00:08:22.840 there cognate is there then there is a patent of addition is there so you can just check here this 00:08:22.840 --> 00:08:28.200 different types so I will just give you quickly the idea about that particular different types 00:08:28.200 --> 00:08:34.880 so what is the ordinary app suppose today I file a patent in India and it may be provisionally it 00:08:34.880 --> 00:08:40.520 may be a complete specification these are the two types are there and that application we 00:08:40.520 --> 00:08:47.160 generally call it as a ordinary patent application so that particular application as soon as you 00:08:47.160 --> 00:08:54.200 file you will get one unique number and yes once you do that you kind of get the protection for 00:08:54.200 --> 00:09:01.600 that particular invention definitely like in India but again as you have filed it in patent office 00:09:01.600 --> 00:09:08.200 this is like nobody in the world will now able to file patent about that particular invention that 00:09:08.200 --> 00:09:14.920 is a like benefit once you get that number once it is like you have filed that application it 00:09:14.920 --> 00:09:20.720 may be provisional it may be complete you will get that particular kind of a complete protection for 00:09:20.720 --> 00:09:26.480 your invention now there is a divisional patent what is the meaning of divisional patent the rule 00:09:26.480 --> 00:09:31.040 for patent is like that it should there should be a Unity of invention so what is the meaning 00:09:31.040 --> 00:09:37.000 of unity of invention that that Doctrine what what exactly it talks about it says that when 00:09:37.000 --> 00:09:42.040 you are talking about or when you are submitting the application for patent it should be limited it 00:09:42.040 --> 00:09:48.360 should be about the only that single invention which you are talking about that one point one 00:09:48.360 --> 00:09:54.280 product one process whatever is there but in that inventive step should be like a only one kind of 00:09:54.280 --> 00:10:01.760 kind of details about that particular we can say the inv ition that Unity of invention is very 00:10:01.760 --> 00:10:07.680 important two three five aspects if if it is there that is major aspects if are there probably you 00:10:07.680 --> 00:10:13.800 are generally what happens that you you will just don't get confused with the independent claims and 00:10:13.800 --> 00:10:20.800 dependent claims actually independent claims with that particular Unity of invention are related to 00:10:20.800 --> 00:10:27.280 that one point only right it the another point is completely different it is suggested that better 00:10:27.280 --> 00:10:34.840 you should have a another pattern so sometimes what happens that maybe some kind of assigning 00:10:34.840 --> 00:10:40.280 or inventor if they are not aware about that they will file it and examiner suggest that this Unity 00:10:40.280 --> 00:10:46.240 of invention is affecting so kindly divide the patent make this as a two patent application so 00:10:46.240 --> 00:10:51.360 when you are doing this two patent application it is called as a divisional patent okay so 00:10:51.360 --> 00:10:57.080 intricacies of that starting date priority date and all that thing that idea you will get 00:10:57.080 --> 00:11:02.320 means I will share with you the video and you will get idea about how exactly the calculation of 20 00:11:02.320 --> 00:11:08.160 years is done in that particular case okay next is like a conventional application I have just 00:11:08.160 --> 00:11:14.560 told you that two ways are there conventional and PCT for a patent filing so like when you 00:11:14.560 --> 00:11:19.800 are like going into the other jurisdiction so what is a conventional patent filing here what 00:11:19.800 --> 00:11:26.280 happens that 12 months timeline is there it is a very important that 12 months timeline is a quite 00:11:26.280 --> 00:11:33.440 means you have to take completely like you have to be very responsible and take a take a track be 00:11:33.440 --> 00:11:38.760 on the track that he has 12 months within that time you are filing the application so what you 00:11:38.760 --> 00:11:43.680 have to do you have to conen in conventional that you can file in any of the jurisdiction within 00:11:43.680 --> 00:11:50.200 that 12 months if 12 months pass what happen your patent will you will not able to file in any of 00:11:50.200 --> 00:11:56.800 the jurisdiction so if you will miss that you are losing out completely protection of your invention 00:11:56.800 --> 00:12:02.600 in any other jurisdiction so if you want to do the protection in the other jurisdiction 00:12:02.600 --> 00:12:08.240 and if you are choosing conventional patent rout that application rout you have to be very careful 00:12:08.240 --> 00:12:13.200 12 months time is very important okay so I'm insisting continuously on that 12 months time 00:12:13.200 --> 00:12:18.800 okay next is like an international application now what is exactly that so PCT route we are talking 00:12:18.800 --> 00:12:25.160 about right again that PCT application 12 months time is very important right so you you cannot 00:12:25.160 --> 00:12:31.960 ignore if we ignore that you are losing out again that particular available Avenue is there it is 00:12:31.960 --> 00:12:38.440 like a a very good system for your patent filing that PCT system that you file the PCD application 00:12:38.440 --> 00:12:43.480 and then additional Advantage what you are getting you are buying time in short that 30 months time 00:12:43.480 --> 00:12:49.720 total 30 months means 30 minus 80 that 12 months you have to do so that Advantage you are getting 00:12:49.720 --> 00:12:56.160 that extra time you are getting because of a PCT application now once P file you are getting that 00:12:56.160 --> 00:13:01.040 extra time and then maybe you can just take a decision about the different jurisdiction 00:13:01.040 --> 00:13:06.400 because what happens sometimes you are not sure about which Market is for my product what is the 00:13:06.400 --> 00:13:12.160 market we are not very sure about that and another issue main issue is the funding is another issue 00:13:12.160 --> 00:13:17.840 so because of that we may not able to take a although we take a decision we are not able to 00:13:17.840 --> 00:13:23.800 execute it so in such a cases PCT is a good option that I'm just sharing with you when you can go for 00:13:23.800 --> 00:13:30.320 convention when you can go for the P okay so this is the scenario next is like a national phase so 00:13:30.320 --> 00:13:35.600 what is the meaning of that National we will see PCT timeline in a short while so National phase is 00:13:35.600 --> 00:13:41.280 like that once you that file that PCT application obviously you have to go for the national patent 00:13:41.280 --> 00:13:47.280 filing so what is that National phase filing is like that suppose I want to file in 20 countries 00:13:47.280 --> 00:13:53.200 so what I have done by filing pity I have bought that I'm just buying the time 30 months time is 00:13:53.200 --> 00:13:59.240 there in my hand now to take a decision that that 20 countries to generate a fund if I don't have so 00:13:59.240 --> 00:14:06.400 what I will do before completing that 31 30 months I will kind of go into that 20 jurisdictions go 00:14:06.400 --> 00:14:12.560 into that mean means online applications you have to file so for example USA Europe aribo maybe 00:14:12.560 --> 00:14:18.720 Dubai maybe Australia so whatever countries you want to enter you can just take a decision 00:14:18.720 --> 00:14:25.000 and you can file the national pH next is a cognet filing so what is a cognit filing sometimes what 00:14:25.000 --> 00:14:30.680 happens that yes I'm a researcher I'm a PhD student I'm doing the work in the have and I'm 00:14:30.680 --> 00:14:37.120 so lucky that in 3 months time I got some results and I found that yes that novelty non obviousness 00:14:37.120 --> 00:14:41.960 industrial applicability Section 3 everything is I have kind of passing through all this things so 00:14:41.960 --> 00:14:46.880 what I have done I have taken decision to file a provisional application now my provisional is 00:14:46.880 --> 00:14:54.080 filed I'm continuing my research and say 6 month I have another kind of a in that something new 00:14:54.080 --> 00:14:59.160 I come to know about same invention so what you what will you do immediately you will file a the 00:14:59.160 --> 00:15:05.520 provisional application because you have to secure the priority right so you will file another that 00:15:05.520 --> 00:15:11.880 application provisional application if you are pretty well lucky more within that 12 months time 00:15:11.880 --> 00:15:18.240 in maybe 10 months again probably you will find something new in your research so again you 00:15:18.240 --> 00:15:23.960 have to file the provisional so now in this three provisionals you have filed what you can do then 00:15:23.960 --> 00:15:28.400 when you are filing the complete specification you can club together all these three and file a 00:15:28.400 --> 00:15:34.160 single p application with the priority of a first professional that is called as a cocket that is a 00:15:34.160 --> 00:15:39.560 great facilities is there you can take advantage of that and the last one is a patent of addition 00:15:39.560 --> 00:15:46.400 what happens that okay you have done the filing 12 months are over now now something new comes and 00:15:46.400 --> 00:15:51.880 then it is something related to that particular invention what is option patent of addition so 00:15:51.880 --> 00:15:57.680 what you will do you can just file a patent of addition taking reference of this patent that 00:15:57.680 --> 00:16:02.640 is one thing you will say now what happened the grant also happened yes after Grant also you can 00:16:02.640 --> 00:16:08.280 refer that and you can file a patent of addition again the priority date the calculation of 20 00:16:08.280 --> 00:16:15.200 years changes so what I will suggest is that you can just watch one video in a few while me after 00:16:15.200 --> 00:16:19.880 a few minutes I will share with a video you can watch that video and you will get the idea about 00:16:19.880 --> 00:16:25.680 that now we will just see about the patent offices okay I filing a patent and all that but where I 00:16:25.680 --> 00:16:30.240 can file the patent application so in India you can just check here here there are four patent 00:16:30.240 --> 00:16:37.600 offices right Mumbai Delhi Kolkata and Chennai now which is the head office of patent Kolkata is a 00:16:37.600 --> 00:16:44.560 head office for a pent okay and jurisdiction wise so suppose you are in Mumbai Maharashtra 00:16:44.560 --> 00:16:51.720 Gujarat then your pent offic is like Mumbai if you are in Andra Chennai Tamil Nadu your office 00:16:51.720 --> 00:16:59.120 is a Chennai if you are in Kolkata and then in on that suppose Assam so that seven states are there 00:16:59.120 --> 00:17:05.520 so your patent office is a Kolkata if you are in harana Punjab you have to file patent application 00:17:05.520 --> 00:17:11.160 in Delhi office but nowadays physically nobody's going online you have to just add put the 00:17:11.160 --> 00:17:17.240 address and accordingly the jurisdictions are very specific you can just put the jurisdiction 00:17:17.240 --> 00:17:22.160 and then accordingly your application number will get the that coding is there according 00:17:22.160 --> 00:17:27.080 to that four like patent offices there is a coding is there and accordingly your patent 00:17:27.080 --> 00:17:33.920 number will be you will get that allotment of that number specific number okay so this is what about 00:17:33.920 --> 00:17:39.480 the different jurisdiction so what you can do now you can just watch the video about that different 00:17:39.480 --> 00:17:45.160 patent types and you can get idea about that what is cognate what is patent of addition little bit 00:17:45.160 --> 00:17:51.480 more that 30 to 35 minute video is there I'm just sharing a few glimpses of that here okay 00:17:51.480 --> 00:17:58.320 provisional patent is the patent where applicant submit the application without the claim parts now 00:17:58.320 --> 00:18:05.680 we are a aware about the what are the parts of the patent now here whenever applicant is still 00:18:05.680 --> 00:18:14.720 working on invention but he or she is sure that he or she will complete the work within a stipulated 00:18:14.720 --> 00:18:25.680 period of time then in such case to secure the priority provisional fent is filed so here that 00:18:25.680 --> 00:18:30.400 what is a time limit that details we will see when we are are seeing the patent filing system 00:18:30.400 --> 00:18:35.760 in India so we will see that what is the time for that provisional patent then at what time you 00:18:35.760 --> 00:18:43.080 should complete or file the complete specification that we will see but provisional patent is filed 00:18:43.080 --> 00:18:49.560 when we are not completed the research but we are sure about the deadline or some timeline 00:18:49.560 --> 00:18:55.960 that okay by this time we are able to finish our research okay after provisional patent filing 00:18:55.960 --> 00:19:02.000 applicant has to file a complete specification now this complete specification follow the 00:19:02.000 --> 00:19:08.240 complete structure or anatomy of a patent which we have already discussed in the earlier module 00:19:08.240 --> 00:19:14.400 so everything along with claims will be there in the complete specification but in provisional you 00:19:14.400 --> 00:19:23.080 will not find the claim part so if one anyone is filing this provisional or a complete patent 00:19:23.080 --> 00:19:28.840 it is generally called as a ordinary patent so this is what the ordinary patent normal 00:19:28.840 --> 00:19:35.480 patent it may be a provisional or a complete next is a divisional patent what is the meaning of it 00:19:35.480 --> 00:19:42.520 one of the major rule of the patent is unity of invention what is the meaning of that Unity 00:19:42.520 --> 00:19:51.120 of invention means in that one patent will claim only one invention so if we are dealing with one 00:19:51.120 --> 00:19:59.200 patent then that one patent will deal with only one invention fine so now let us move further and 00:19:59.200 --> 00:20:06.240 we will just watch now the patent prosecution that that cycle how exactly it goes so what happened we 00:20:06.240 --> 00:20:10.680 have we have just shared that okay you have to do the patent application we will just do the 00:20:10.680 --> 00:20:15.600 check with the India patent line now so what happened today suppose I do the provisional 00:20:15.600 --> 00:20:20.640 patent application it may be provisional it may be a complete specification so we will say that 00:20:20.640 --> 00:20:27.280 it is a zero time okay so that is a zero time suppose I file a provisional today so what I can 00:20:27.280 --> 00:20:33.440 do I will file a complete specification then okay so that complete specification will be within 12 00:20:33.440 --> 00:20:38.640 months time that time is very important again if we miss that time again you are losing out on that 00:20:38.640 --> 00:20:45.320 particular provisional application F then next is like a publication of patent automatically at 00:20:45.320 --> 00:20:51.000 the end of 18 months your patent will be published where it will be published in newspaper no it will 00:20:51.000 --> 00:20:56.560 be published in the gaset of the patent office and you will find that particular patent 00:20:56.560 --> 00:21:02.760 details mainly the biblio graphic information and abstract and generally one figure that will 00:21:02.760 --> 00:21:09.960 be kind of published after the 18 months okay so that publication once that publication happen your 00:21:09.960 --> 00:21:15.760 patent is coming into the public domain till that nobody knows what exactly you have filed okay next 00:21:15.760 --> 00:21:22.280 is like a request for examination previously for request of examin please note this change actually 00:21:22.280 --> 00:21:28.840 if new filing anybody is doing previously it was 48 months time was given for the request 00:21:28.840 --> 00:21:34.600 for examination now with the Amendments it is reduced to 31 months only so if we miss what 00:21:34.600 --> 00:21:39.720 will happen again you are losing out on the patent your patent will not be examined and it will come 00:21:39.720 --> 00:21:45.720 into public domain without examination and anybody can use that particular patent okay that whatever 00:21:45.720 --> 00:21:52.320 invention is okay so you have to be very careful that you have to file the request for 00:21:52.320 --> 00:21:58.720 examination okay next is like a first examination report although I have written here 54 months now 00:21:58.720 --> 00:22:06.240 the cycle is reduced and probably like before that you will get the request of that Fe first 00:22:06.240 --> 00:22:13.160 examination report and then the grant of a patent will happen within 66 months but again that 00:22:13.160 --> 00:22:19.240 timeline in India is reduced but you just take this broader idea but remember the change of 31 00:22:19.240 --> 00:22:24.960 months and then the that accordingly your patent will be kind of a process there is another fast 00:22:24.960 --> 00:22:31.400 track kind of a mode is there and through that Express publication and express examination can 00:22:31.400 --> 00:22:39.280 be done and patent can be granted within one year or that 2 years also so depend when you are like 00:22:39.280 --> 00:22:44.560 initiating that process that will happen Okay so for that again I will share with the video and you 00:22:44.560 --> 00:22:52.920 can watch that but before that we will watch a PCT live that cycle actually so what happens in a PCT 00:22:52.920 --> 00:22:58.680 that you will file the patent application in India say next what happened you have to file the PCT 00:22:58.680 --> 00:23:04.000 application I have told you that you have to file the PCT application that is within the 12 months 00:23:04.000 --> 00:23:09.840 now what will happen then you have to kind of so once you file this 12 months within 12 months 00:23:09.840 --> 00:23:15.720 that PCT application you can check here and then there is a 16 months what will happen you 00:23:15.720 --> 00:23:24.760 are getting the first exam that report like U ISR International search report right that is 00:23:24.760 --> 00:23:31.760 yo actually the examination you are choosing The Authority International searching Authority 00:23:31.760 --> 00:23:38.680 and they will give you that search report within a 16 months then what happen there is a publication 00:23:38.680 --> 00:23:43.040 so where this publication will be it will be in the patent scope the database is a patent 00:23:43.040 --> 00:23:50.560 scope wio databases and there that patent will be published next is like a 22 that months there 00:23:50.560 --> 00:23:57.920 will be optional kind of examination like if you want to Avail that particular facility some 00:23:57.920 --> 00:24:03.960 extra Fe you have to give and you can get that International preliminary examination report 00:24:03.960 --> 00:24:09.560 that is optional it is not a compulsory first that is a 16 ISR International search report you will 00:24:09.560 --> 00:24:15.080 automatically get once you are filing the patent okay at the end of 30 month what will happen 00:24:15.080 --> 00:24:21.120 you are like ready for filing for the national phase for India it is a 31 months but in other 00:24:21.120 --> 00:24:27.040 jurisdiction so USA some somebody from USA citizen of USA want to file in India they can they have a 00:24:27.040 --> 00:24:33.400 timeline of a 31 months but for we going into another jurisdiction the timeline is like a 30 00:24:33.400 --> 00:24:40.440 we in a sense anybody who is entering into that particular jurisdiction so that 30 months time 00:24:40.440 --> 00:24:47.240 is there within 30 months you have to enter into that National phase right now you can just watch 00:24:47.240 --> 00:24:53.520 this video related to prosecution I will just share with you that that two different videos are 00:24:53.520 --> 00:24:59.120 there about the India timeline and then the PCD timeline what I will do I I will share with you 00:24:59.120 --> 00:25:05.680 now here the PCT timeline related video you can just go through that timeline and you can get idea 00:25:05.680 --> 00:25:13.360 how exactly PCT timeline works so as already discussed it is a system it is a facilitator 00:25:13.360 --> 00:25:22.760 by vipo what is vipo World intellectual property organization so vipo is facilitating facilitating 00:25:22.760 --> 00:25:31.520 this PCD system for filing the patent by this route you are getting the facility 00:25:31.520 --> 00:25:39.520 that by one application you are able to do the applications in many countries it's just 00:25:39.520 --> 00:25:46.240 the facilitation obviously after that particular period the applicant has to enter in the National 00:25:46.240 --> 00:25:54.800 phase and the particular country patent office in that the application for the patent has to be 00:25:54.800 --> 00:26:01.920 filed but this is the facilitation by which this it is a easy way to do the what we can say the 00:26:01.920 --> 00:26:12.280 filing of the patn so how it works this P you can file at a local office or you can directly 00:26:12.280 --> 00:26:21.920 file it at a wpo so online filing is available it is very easy very simple there is a PCT Easy 00:26:21.920 --> 00:26:29.280 System you can just browse through by typing this pcts in browsing window the system is a ailable 00:26:29.280 --> 00:26:36.080 which helps you to do this filing directly with the VIP so you have two options either file in 00:26:36.080 --> 00:26:43.200 the local patent office as per the jurisdiction again and the second rout is that Direct online 00:26:43.200 --> 00:26:51.400 application PCT application to the vipo site okay so let us check the timeline so suppose 00:26:51.400 --> 00:26:58.240 you have filed your patent application it may be again either provisional or complete at a zero 00:26:59.280 --> 00:27:03.800 okay now let us move further and quickly we will just go into the details about the 00:27:03.800 --> 00:27:08.520 patent searching so I will just give you a brief idea we will not go we will not able 00:27:08.520 --> 00:27:14.720 to go into the much details of that but you can just check here that patent searching is like a 00:27:14.720 --> 00:27:19.880 one important searching and Analysis is one of the important we can say the aspect when you are 00:27:19.880 --> 00:27:26.960 dealing with a patent so there are different kind of usages or why exactly you will do 00:27:26.960 --> 00:27:34.200 so for example you can do for a creative thinking right so that is a one way prevent duplication of 00:27:34.200 --> 00:27:39.880 a patent that research actually so what happens that second application is there you can just 00:27:39.880 --> 00:27:44.680 doing research and then if you have done the prior art search what will happen automatically 00:27:44.680 --> 00:27:50.880 you will avoid the duplication of research then for R&D like strategies if you want to design you 00:27:50.880 --> 00:27:57.400 can use the patent analytics then you can see the technology trained analysis you can use a 00:27:57.400 --> 00:28:03.200 patent this analytics for that particular thing then you can have a patent like for 00:28:03.200 --> 00:28:09.920 the you can have this particular for Bridging the Gap so for example what happens that sometimes 00:28:09.920 --> 00:28:16.040 you are working in one domain and you feel that yes you can use technology which is available in 00:28:16.040 --> 00:28:21.920 another domain especially you can just see now connecting connected cars or usage of Aerospace 00:28:21.920 --> 00:28:27.440 industry inventions into the automobile industry all this crossing over or cross pollination of 00:28:27.440 --> 00:28:31.680 ideas and all all that thing you can get idea through the patent analytics very easily so 00:28:31.680 --> 00:28:37.720 you can think about that particular like Bridging the Gap using the patent analytics next is like a 00:28:37.720 --> 00:28:42.840 patent infringement that to avoid like patent litigation and infringement because that is 00:28:42.840 --> 00:28:50.120 something which is U hampering a lot on the owner who if some by mistake also by ignorance also if 00:28:50.120 --> 00:28:57.240 we do that happens it happens then it is not good for the Creator and or the company or the who have 00:28:57.240 --> 00:29:03.800 done that thing so so it's one thing is a like yes it is a lot of like investment of money but it's a 00:29:03.800 --> 00:29:09.280 brand damage also so we have to be very careful to avoid that it is better to do the patent analytics 00:29:09.280 --> 00:29:15.280 next is like a technology transfer for that is one of the important like aspect when we are 00:29:15.280 --> 00:29:19.840 dealing with a patent that is a licensing one of the type of Technology transfer you have to 00:29:19.840 --> 00:29:26.480 be like very careful and you can use this patent analytics for that particular technology transfer 00:29:26.480 --> 00:29:31.880 then next is like a merges and quisition you can use this patent analytics so we can say that these 00:29:31.880 --> 00:29:38.920 are the different ways for patent analytics we can use for we can say that for a patent related 00:29:38.920 --> 00:29:44.840 different activities are there searching and analytics will give you a pretty IDM okay so 00:29:44.840 --> 00:29:49.320 some videos are recorded related to this if you get time you can just watch this video it 00:29:49.320 --> 00:29:55.800 is in a road map for patent creation that details about every aspect is there okay now we will move 00:29:55.800 --> 00:30:00.560 quickly about the where you will do the pr prior art s we are talking about analysis you can just 00:30:00.560 --> 00:30:06.440 see here that you can do it like different ways are there books are there magazines are there 00:30:06.440 --> 00:30:11.840 then the databases are there right so you can just check here the different ways for prior art search 00:30:11.840 --> 00:30:17.400 and by using that different prior art search like a public domain databases advertisements books 00:30:17.400 --> 00:30:23.080 magazines newspapers right TV everything means all these things you can just explore and you 00:30:23.080 --> 00:30:28.080 can do the prior art search let us move further and we can just see here the different parts 00:30:28.080 --> 00:30:33.720 of a patent document right so it's like a it is a structured document patent document is 00:30:33.720 --> 00:30:38.960 a structured document you take a US patent you take a India patent you take a maybe patent from 00:30:38.960 --> 00:30:44.720 aripo or Europe the structure is very much fixed just like our research paper so what 00:30:44.720 --> 00:30:49.320 exactly it contains you can just check here field of invention is there abstract is there drawings 00:30:49.320 --> 00:30:55.080 are there background summary of invention then there is like drawings are there then you are 00:30:55.080 --> 00:31:01.600 giving a in-depth description about that drawings then there is a examples if any are there best 00:31:01.600 --> 00:31:05.880 methods if are there you are giving that and then the last is like a claims which we call 00:31:05.880 --> 00:31:12.320 it as a heart of a patent that legal boundaries are decided by the claim so this is a structure 00:31:12.320 --> 00:31:18.880 in road map we have like invested one week on that completely one week on this field and details 00:31:18.880 --> 00:31:24.400 about that and how to read that patent okay so you can explore that if you want okay now you 00:31:24.400 --> 00:31:29.320 can watch one of the video I'm just sharing with you that video one of the video regarding that and 00:31:29.320 --> 00:31:35.520 you can get the idea about the different parts of a weed document what is the title of the invention 00:31:35.520 --> 00:31:42.920 then who are the inventors who is the assign on which date the patent is filed which is the 00:31:42.920 --> 00:31:52.120 IP IPC class related to this patent so the title of the invention is Optical equivalents of fiber 00:31:52.120 --> 00:31:59.760 optic face plates using reactive liquid crystals and polymers so this is the title of The Invention 00:31:59.760 --> 00:32:07.840 then you have received information that Gregory gregoryi Crawford from Xerox has invented this 00:32:07.840 --> 00:32:18.320 invention along with his colleagues the applicant is Xerox then further it lists down information 00:32:18.320 --> 00:32:26.560 cited in this pattern so the references are given here further it gives information about who are 00:32:26.560 --> 00:32:34.760 the primary examiners assistant examiners attorney agent or firm thus we received information about 00:32:34.760 --> 00:32:43.280 patent application details inventorship ownership then what is a prior art related to the patent 00:32:43.280 --> 00:32:51.240 and who are the patent office examiners as well as who have drafted this patent all this information 00:32:51.240 --> 00:32:57.840 you are getting it on the first page of the patent document now is there any difference 00:32:57.840 --> 00:33:04.360 between US patent office drafted patent and Indian patent office submitted or drafted the 00:33:04.360 --> 00:33:10.240 patent document there is a minor difference in Indian patent office we don't get information 00:33:10.240 --> 00:33:16.680 about the patent office examiners however all other bibliographic information you will get from 00:33:16.680 --> 00:33:23.400 the first page from the patent document in any country so in any country if you see that patent 00:33:23.400 --> 00:33:31.080 document this information and the position where that information is there that is fixed so this is 00:33:31.080 --> 00:33:39.600 a uniform system this is a uniform Arrangement or the style of writing the patent document or so 00:33:39.600 --> 00:33:44.800 what exactly we have seen now here is like that we have started with the patent definition right 00:33:44.800 --> 00:33:51.520 and then we have covered like U different like types which that criteria for patenting then we 00:33:51.520 --> 00:33:55.600 have covered the different types of patents then we have seen the different jurisdiction 00:33:55.600 --> 00:34:01.160 where you can file the patent then you you have seen the timeline for India timeline you have 00:34:01.160 --> 00:34:08.280 also seen the timeline for the PCT and then the pting patent searching and Analysis how the how 00:34:08.280 --> 00:34:13.080 it is useful what are the different benefits of that we have gone through the details then 00:34:13.080 --> 00:34:17.600 we have gone through the different parts of a patent okay and where exactly you can do the 00:34:17.600 --> 00:34:23.600 prior art search we can just we have gone through that now what I will suggest is like that right 00:34:23.600 --> 00:34:29.800 you whatever area you are working huh in in area wherever you are working what you do maybe just a 00:34:29.800 --> 00:34:35.200 small exercise you can do just visit some of the patent databases maybe espace net maybe Google 00:34:35.200 --> 00:34:42.320 Patent and try to procure one patent document and try to read that patent document okay so that you 00:34:42.320 --> 00:34:47.240 can get idea what different parts are there if you have done before nothing like that but if 00:34:47.240 --> 00:34:53.080 you have just watching this first time and like exploring this area first time I will suggest 00:34:53.080 --> 00:34:58.640 you to do that particular thing and even though if you are like using it I will suggest that revisit 00:34:58.640 --> 00:35:05.120 your research think about the the kind of a keywords and go and search a patent document from 00:35:05.120 --> 00:35:12.160 a especially espace net and see that if any new patent documents are like you are able to check 00:35:12.160 --> 00:35:17.160 that because every week that patent documents will be published so check that particular 00:35:17.160 --> 00:35:23.080 so with this we are coming to the end of this session see you in the next session thank you