Patenting Facts and Myths

Patenting Facts

1. A patent specification must have at least one claim
2. The mere fact that DNA fragments are derived from the same source is not sufficient to meet the requirement for unity of invention.
3. PCT enables centralized publication of International Applications with ISR
4. Patent Amendment Act 1999, came into force retrospectively from 1st Jan 95
5. PCT provides the option of International Preliminary Examination of international application
6. A license is a grant of permission made by the patent owner to a party to exercise any specified rights as agreed.
7. Before you commercialize your patented invention you are supposed to make sure that you have FTO.
8. If an inventor assigns his patent rights to someone else, he no longer owns those rights.
9. An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties or traditionally known component or components is not patentable in India.
10. Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals is not patentable in India.
11. A request form for filing International Application for Patent should be PCT/RO/101 in triplicate.
12. A mere DNA fragment without indication of a function or specific asserted utility is not a patentable invention.
13. Budapest Treaty (1977) is about the International Recognition of the Deposit of microorganisms for the purposes of Patent Procedure
14. The patent term is calculated from the filing date in line with TRIPS provisions and the term is at least 20 years from the filing date.
15. Once your patent application is filed, then you are free to publish, demonstrate and indeed commercialize your invention
16. The background of an invention in a patent/application document helps to highlight the differences between existing technology and the claimed invention.

Patenting Myths
1. Patent gives an exclusive right therefore patented inventions are never restricted for environmental safety/ public health/ defense related reasons.
2. Documentation of research work and IP protection do not complement each other.
3. The meaning of Assignee and Legal Representative are the terms carrying similar meaning and are alternatively used in IP matters.

Leave a Reply

Your email address will not be published. Required fields are marked *