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Patent Concepts for the Entrepreneur

Conference Paper · February 2008

DOI: 10.13140/RG.2.1.3770.8002

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Proceeding of National Conference on Innovetive Trends in Enterprenuership, Sir
Sayyed College of Arts, Commerce and Science, Aurangabad
Patent Concepts for the Entrepreneur

ANWAR DESHMUKH
Lecturer, Tom Patrick Institute of Computer & Information Technology, Aurangabad.
mdanwardmk@yahoo.com

SHAIKH AKHIL
Lecturer, Maulana Azad College of Arts, Science & Commerce, Aurangabad.
akhil_mubeen74@yahoo.co.in

Abstract

The successful entrepreneur needs to understand the business fundamentals and have a
keen perception of the consumer's needs. To borrow from the patent concepts discussed
below, a new business must have the same three attributes as those needed for a
patentable invention — the start-up business must be new, useful, and Inventiveness to
the competition. The successful entrepreneur can both identify and satisfy the new, useful
and Inventiveness needs of the consumer. For an inventor, patent law is available to
protect new, Inventiveness and useful inventions. These can include entirely new
products or undiscovered improvements.

Introduction

A form of protection that provides a person or legal entity with exclusive rights for
making, using or selling a concept or invention and excludes others from doing the same
for the duration of the patent

Patent

A patent is a set of exclusive rights granted by a state to a patentee (the inventor or

assignee) for a fixed period of time in exchange for the regulated, public disclosure of
certain details of a device, method, process or composition of matter (substance) (known
as an invention) which is new, inventive, and useful or industrially applicable. Modern
patents include a set of claims which provide the basis for determining the exclusive
rights. The exclusive right granted to a patentee in most countries is the right to prevent
or exclude others from making, using, selling, offering to sell or importing the claimed
invention.

The rights given to the patentee do not include the right to make, use, or sell the invention
themselves. The patentee may have to comply with other laws and regulations to make
use of the claimed invention.

History of Patent

• In the United States, during the colonial period and Articles of Confederation
years (1778-1789), several states adopted patent systems of their own.
Proceeding of National Conference on Innovetive Trends in Enterprenuership, Sir
Sayyed College of Arts, Commerce and Science, Aurangabad
• The first Congress adopted a Patent Act, in 1790, and the first patent was issued
under this Act on July 31, 1790.

Governing laws

• The grant and enforcement of patents are governed by national laws, and also by
international treaties (contract) , where those treaties have been given effect in
national laws. Patents are, therefore, territorial in nature.
• Commonly, a nation forms a patent office with responsibility for operating that
nation's patent system, within the relevant patent laws. The patent office generally
has responsibility for the grant of patents, with infringement being the remit of
national courts.

Conditions to be satisfied

An invention must satisfy the following three conditions of :

Novelty: An invention will be considered novel if it does not form a part of the global
state of the art. Information appearing in magazines, technical journals, books,
newspapers etc. constitutes the state of the art.

Inventiveness (Non-obviousness): Inventiveness cannot be decided on the material

contained in unpublished patents. The complexity or the simplicity of an inventive step
does not have any bearing on the grant of a patent.

Usefulness: An invention must possess utility for the grant of patent No valid patent can
be granted for an invention devoid of utility.

Specifications

• There are two types of patent documents usually known as patent specification,
namely
– Provisional Specification
– Complete Specification

Provisional Specification

• A provisional specification is usually filed to establish priority of the invention in

case the disclosed invention is only at a conceptual stage and a delay is expected
in submitting full and specific description of the invention.
• The provisional specification is a permanent and independent scientific cum legal
document and no amendment is allowed in this.
• Complete specification must be submitted within 12 months of filing the
provisional specification. This period can be extended by 3 months.
Proceeding of National Conference on Innovetive Trends in Enterprenuership, Sir
Sayyed College of Arts, Commerce and Science, Aurangabad
Complete Specification:

Submission of complete specification is necessary to obtain a patent The contents of a

complete specification would include the following

– Title of the invention.

– Field to which the invention belongs.
– Background of the invention including prior art giving drawbacks of the
known inventions & practices.
– Complete description of the invention along with experimental results.
– Drawings etc. essential for understanding the invention.
– Claims, which are statements, related to the invention on which legal
proprietorship is being sought. Therefore the claims have to be drafted
very carefully.

Types of Patents

• There are three general types of patents:

– Utility Patents: Cover the functioning aspects of an invention
– Design Patents: Cover the ornamental, non-functional aspects of an object
– Plant Patents: Cover asexual, reproducible plants.

Utility Patent: Issued for the invention of a new and useful process, machine,
manufacture, or composition of matter, or a new and useful improvement thereof, it
generally permits its owner to exclude others from making, using, or selling the invention
for a period of up to twenty years from the date of patent application filing, subject to the
payment of maintenance fees. Approximately 90% of the patent documents issued by the
PTO in recent years have been utility patents, also referred to as "patents for invention."

Design Patent: Issued for a new, original, and ornamental design for an article of
manufacture, it permits its owner to exclude others from making, using, or selling the
design for a period of fourteen years from the date of patent grant. Design patents are not
subject to the payment of maintenance fees.

Plant Patent: Issued for a new and distinct, invented or discovered asexually reproduced
plant including cultivated sports, mutants, hybrids, and newly found seedlings, other than
a tuber propagated plant or a plant found in an uncultivated state, it permits its owner to
exclude others from making, using, or selling the plant for a period of up to twenty years
from the date of patent application filing. Plant patents are not subject to the payment of
maintenance fees.

Durations

• Utility and Plant patents are enforceable for 20 yrs after the date of filing.
(Maintenance Fees must be paid for utility patents at the 4, 8 and 12 yr
anniversary dates to keep the patent enforceable).
Proceeding of National Conference on Innovetive Trends in Enterprenuership, Sir
Sayyed College of Arts, Commerce and Science, Aurangabad
• Design patents are enforceable for 14 yrs from the date of issuance. (Maintenance
fees are NOT required for Design Patents and Plant Patents).

Elements of a Patent

• A declaration that attests to the fact that you are the true inventor.
• All drawings -- if drawings help explain the invention.
• Written specifications -- a description of the invention, referencing the drawings,
such that someone skilled in the art can understand what it is, how it works, how
it is assembled, and what its attributes are.
• At the end of the specification are the claims -- the legal part of the patent. They
specifically define what the improvement is. The claims are the basis for your suit
for infringement if ever you need that resort. The suit cannot be based on the
drawings or the description. The claims are the legal part.

What is a Patentable Invention?

• a machine (e.g. a mechanism with moving parts);

• an article of manufacture (e.g. a hand tool);
• composition of matter (e.g. plastic or alloy);
• a new use of or improvement to an existing invention. Living organisms or other
natural matter that is modified or isolated may be potentially patentable.
• Intangible ideas or objectives are not patentable.
• In addition to fitting into one of these classes, an invention must also be: "novel",
i. e., it was not previously known or used by others or described in a printed
publication anywhere; "unobvious" to a person having ordinary skill in the
relevant art; "useful", i. e., it has utility, actually works, and is not frivolous or
immoral.

Provisional Patents: A provisional patent application is less expensive and

easier/quicker to prepare, and will give the inventor one year from date of filing to see
whether the invention is going to be enough of a success to warrant filing the more
expensive and time-consuming utility application. Since we can use the information
contained in the provisional application for a utility application later on, the inventor is
not ―paying twice‖ for applications dealing with the same invention.

International Patent: The Paris Convention allows an inventor up to one year to file
patent applications in other countries (which adhere to the Paris Convention) around the
world and to claim the priority date of the first-filed application. Most of the major
international countries are signatories of the Paris Convention.

The other main international patent program, which can be used in conjunction with the
Paris Convention, is the Patent Co-Operation Treaty, or PCT, which allows an inventor to
file a single patent application with one Patent Office. The PCT allows the inventor to
make one filing which can apply to any or all PCT countries.
 Proceeding of National Conference on Innovetive Trends in Enterprenuership, Sir
Sayyed College of Arts, Commerce and Science, Aurangabad
Fees for International Patents: Depending on the number of countries in which an
inventor wishes to file, the cost of preparing a typical Paris Convention application is
around $1,100, and a typical PCT application will run $3,500, excluding filing fees.
These rates assume that the inventor has already filed a solidly prepared utility patent
application in the United States. If you are thinking of foreign filing, don’t tell anyone
about your idea other than your patent attorney.

References
1) Gupta, Anil K. 2000. Rewarding Traditional Knowledge and Contemporary Grassroots
2) Creativity: The Role of Intellectual Property Protection. http://sristi.org/pub.html
3) Hagstrom, Warren, O. 1965. The Scientific Community. Basic Books, New York.
4) Love, James. 2002. An Essential Health Care Patent Pool. A presentation at the 14th
Annual
5) AIDS Conference in Barcelona, July 8, 2002. http://www.cptech.org/cm/patentpool.html
6) Merges, Robert, P. 1996. Property Rights Theory and the Commons: The Case of
Scientific
7) Research. Scientific Innovation, Philosophy and Public Policy, Cambridge University
Press.
8) http://www.law.berkeley.edu/institutes/bclt/pubs/merges/rpmart4.pdf

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