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Course Co-ordinated by IIT Madras
Coordinators
 
Prof. Feroze Ali
IIT Madras

 

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The course shall give an in-depth understanding of patent law to engineers and scientists. This course will help person with a science background to understand the fundamentals of patent law, know the requirements of patentability, learn how to read and interpret patent specifications, analyze patent office procedures and court cases and develop the basic understanding for drafting a patent specification. This course will cover the syllabus of Paper 1 of the Patent Agent Examination conducted by the Intellectual Property Office, Government of India.
 

Week

Topics

1.

Introduction to the Indian Patent System
Patent Laws as Concepts; Understanding the Patents Act, 1970; Understanding the Patents Rules, 2003; Preliminary Sections; Preliminary Rules; What’s New in the Patents (Amendment) Rules, 2016; Easy way to read the Patents Act and Rules

2.

Patentability of Inventions
Statutory Exceptions to Patentability; Novelty and Anticipation; Inventive Step; Capable of Industrial Application; Person Skilled in the Art

3.

Patent Specification
Provisional and Complete Specifications; Structure of a Patent Specification—Title, Abstract, Description, Claims, etc.; Reading a Patent Specification—Fair basis, Enabling Disclosure, Definiteness, Priority; Introduction to Patent Drafting.

4.

Patent Prosecution: Patent Applications
Patent Application—Who Can Apply, True and First Inventor, How to Make a Patent Application, What to include in a Patent Application, Types of Patent Applications, Patents of Addition, Dating of Application;

5.

Patent Prosecution: Publication and Examination - I
Publication of Application; Request for Examination; Examination of Application—First Examination Report

6.

Patent Prosecution: Publication and Examination – II
Expedited Examination of Application; Search for Anticipation—Procedure, Withdrawal of Application; Consideration of Report of Examiner

7.

Patent Prosecution: Powers of Controller
Powers of Controller—Examination Stage, Consideration of report by examiner, Refuse or Amend Applications, Division of Applications, Dating of Application, Anticipation, Potential Infringement; Putting Applications in Order; Amendments during Prosecution

8.

Patent Prosecution: Opposition
Pre-grant opposition; Post-grant opposition; Wrongful obtaining of invention; Mention of Inventor; Opposition in General.

9.

Patent Prosecution: Practice at the Patent Office- I
Secrecy Provisions; Grant of Patents; Rights Conferred by Grant; Rights of Co-Owners; Term of Patent; Restoration of Lapsed Patents;

10.

Patent Office and Patent Prosecution
Surrender; Revocation—Grounds for Revocation; Register of Patents, Patent Office and its Establishment; Patent Agents; Use and Acquisition by Government; Penalties.

11.

Compulsory Licensing
Compulsory Licensing—Working of Patents, Grounds for Grant of Compulsory License, Revocation; Patent Licensing;

12.

Patent Enforcement, International Arrangements and Other Miscellaneous Provisions
Intellectual Property Appellate Board; Declaratory Suits, Infringement Suits; International Application—Convention Application, PCT Application, Application Designating India, Multiple Priorities; PCT Timeline; Fees—Application, In Relation to Grant of Patents; Timelines—Application, Examination, Publication etc.

A background degree in Science or Technology is preferable. Students who enroll for this course may also benefit from the course"Patent Drafting for Beginners"


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