Basic of patent -Learning series

Hello friends,
Through the medium of this blog i am trying to spread awareness for the IPR, specifically patent subject. Now onwards, i will post some basic of patents related topics, so everyone can enjoy the understanding of subject with easy language.
Basic of Patent
A patent is a form of intellectual property right. Other forms of intellectual property rights are trademark, copyright, design and geographical indications.

A patent is exclusive right granted to a person for an invention, which is a product or a process that is,
1)New (Means it was not available prior to public in any form ie article, patent, audio, video or any means)
2)Non obvious or Involves an inventive steps (Means the invention should not be obvious to any skilled person of that particular field of technology. If you are a master in pharmacy then you can easily predict the solution of preventing capping during tablet compression)
3)Has an industrial application (Means the invention should have ability that it can be produced in the industry with repeatedly)

Patent provides protection for limited period:
Generally the patent term is 20 years from date of filing. After the patent term is over, patent is said to be expired and available to public domain to use it freely.

Only one patent is granted for one invention:
All patent covers only one invention or the group of inventions which ultimately relate to a single invention. If you apply for patent covering two inventions, patent office will raise the objection and suggest you to divide your application in to two separate applications.

There is NO such thing as an international patent:
Some people use word like international patent, but there is nothing like that at all. People misinterpret the PCT application (WO application) as world patent or international patent. Wipo or PCT (Patent cooperation Treaty) just act as a intermediate for applicant of patent and multiple country’s patent office. PCT only accept our application and perform search and provide you the patentability report. Based on that report you can decide your future filing in different countries. PCT will not grant any patent.

EPO rule chanegs related to prior art disclosure

The European Patent Office (EPO) has recently published further information on Rule changes which come into force on 1 January 2011 and which introduce a limited duty of candour to the EPO.

The new Rules will apply to all European patent applications, including divisional applications, and ‘international’ Euro-PCT applications filed on or after 1 January 2011. Since the filing date of Euro-PCT applications is the PCT filing date, this means that it will only apply to Euro-PCT applications whose parent PCT filing date is on or after 1 January 2011.

1. Requirement to disclose search results on priority applications – Rule 141(1) EPC
The most substantial change is the introduction of a mandatory requirement to disclose search results on priority applications. Where multiple priorities are claimed, search results must be disclosed for each priority application.

2. No need to disclose search results if already "available to the European Patent Office" – Rule 141(2) EPC
This allows the above requirement to be fulfilled where search results are already available to the EPO. Currently this will apply only to priority applications filed with the EPO.

3. Disclosure of other prior art information – Rule 141(3) EPC
The examiner will also (at their discretion) be able to request the applicant to provide "... information on prior art taken into consideration in national or regional patent proceedings and concerning an invention to which the European patent application relates".

4. Failure to provide search results under Rule 141(1)/(2) – Rule 70b EPC
New Rule 70b EPC establishes the procedure where search results have not been provided under (1) and are not deemed to be available to the EPO under (2). A communication will issue setting a non-extendable two month period for reply in which the applicant must file either:
(a) a copy of the search results, or
(b) a statement of non-availability of search results (if they are not available to the applicant).
Failure to comply will result in the application being deemed withdrawn.
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