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ESSENTIAL ELEMENTS OF PATENT

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About Authors:
Jatin  Patel1*, Prof. Rajesh Kumar Dholpuria2, Dhiren Shah1
2(Professor, Head of Department of pharmacognosy),
1Seth G.L. Bihani S.D. College of Technical Education,
Institute of Pharmaceutical Sciences and Drug Research,
Sri Ganganagar, Rajasthan, INDIA
*Patelj313@yahoo.in

ABSTRACT
Patent Right varies from country to country. In India the law which govern patent right is "Indian Patent Act 1970". Indian Patent Act, 1970 grants exclusive right to the inventor for his invention for limited period of time. Generally 20 years time has been granted to the patent holder but in case of inventions relating to manufacturing of food or drugs or medicine it is for seven years from the date of patent. There is certain legal procedure which needs to be followed in order to register. There are several attorney helping inventor in patent registration by providing them best well informed knowledge. In India patent registration can be filed individually or jointly. In case of deceased inventor this can be done his legal representative on behalf of him. All the required documents need to be filed along with the application form. Only after verification registration certificate is provided to the applicant.

Reference Id: PHARMATUTOR-ART-1512

INTRODUCTION:
Patent Act in India

A Patent Act in India is the legislation of a country that controls the use of patents. The main purpose of a patent act in India is to protect inventions. Patents provide the exclusive rights for the owner of a patent to make, use and sell a patented invention.

Patent system of India is regulated and governed by the superintendence of General Controller of designs patients, trademark patent and geographical indications. This office of general controller runs under department of industrial policy and promotion. There are four patent offices in India among which the head patent office is located in Kolkata and other offices are located in Chennai, Delhi and Mumbai. The examiners of each patent office discharge their work according  to the direction controller.

Patent Act in India represents one of the powerful intellectual property rights at the national level. The patent registration confers on the patentee the exclusive right to use, manufacture and sell his invention for the term of the patent. It means that the invention cannot be commercially used, made, distributed, or sold without the patentee's consent. The patent rights can generally be enforced in a court of law.

Patent Right varies from country to country. In India the law which govern patent right is "Indian Patent Act 1970". Indian Patent Act, 1970 grants exclusive right to the inventor for his invention for limited period of time. Generally 20 years time has been granted to the patent holder but in case of inventions relating to manufacturing of food or drugs or medicine it is for seven years from the date of patent. There is certain legal procedure which needs to be followed in order to register. There are several attorney helping inventor in patent registration by providing them best well informed knowledge. In India patent registration can be filed individually or jointly. In case of deceased inventor this can be done his legal representative on behalf of him. All the required documents need to be filed along with the application form. Only after verification registration certificate is provided to the applicant.  [The Indian Patent act& Simpkin Julie]

Definition:
The word Patent originated from the Latin Word "Patene" which means 'to open'.

If a person makes, what he thinks is an invention, he or if he works for an entity, that entity can ask the Government, by filing an application with the Patent Office to give him a certificate in which it is stated what the invention is and that he is the owner of it. Such a right conferred upon the inventor is called 'Patent' by which the inventor, more properly called as the Patentee, can make exclusive use of his invention.

Thus a patent is a monopoly right granted to a person who has invented a new and useful article or a new process of making an article.

In India the Law relating to Patents is governed by the Patents Act 1970 along with the recent Amendment in 1999.

The Indian Patents Act defines an invention as follows:
Invention means any new and useful:
i)    Art, process, method or manner of manufacture,
ii)    Machine, apparatus or other article,
iii) Substance produced by manufacture and includes any new & useful improvement of any of them and an alleged invention.

Therefore, in order to be patentable, an invention must possess the following characteristics:
a) It should relate to a manner of manufacture.
b) The manner of manufacture should be novel.
c) It should be the outcome of inventive activity.
d) It should have utility.
e) It should not be contrary to law and morality.

The Indian Patents Act also lays down some norms as to which inventions are not patentable. Following inventions are not patentable:

a)    An invention which is frivolous or which claims anything obvious or contrary to well established natural laws.
b) An invention, the primary or intended use of which would be contrary to any law or morality or injurious to public health.
c) The mere discovery of a scientific principle or the formulation of an abstract theory.
d) The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs atleast one new reactant.
e) A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.
f) The mere arrangement or rearrangement or duplication of known devices each functioning independently of one another in a known way.
g) A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture.
h) A method of agriculture or horticulture.
i) A process for the medical, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products.
j) An invention relating to atomic energy.[ ipo.gov.uk/home.htm & Jain.N.K & Nolo‘sGuide]

Guidelines for obtaining patents in india
The commercial value of any industrial product depends upon a large number of factors, such as, its utility, cost of production, attractiveness of appearance and the reputation established for it in trade. Advantages in respect of utility and cost of production may be gained by the adoption of   “inventions” leading to a new manner of manufacture; advantage in respect of attractiveness of appearance may be secured by the adoption of new or original “designs” for the shape, configuration or ornamentation of the vendible product; and advantage as regards reputation in the course of trade may be gained by adopting and popularizing a suitable “trade mark” for marketing the product.

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PROCEDURE TO GET PATENT:
A patent application can be filed at only of the four patent offices in India (Kolkata, Delhi, Mumbai and Chennai). The patent application passes through the following stages:
A. FILING
B. PUBLICATION
C. EXAMINATION
D. OPPOSITION
E. GRANT

A. Filing
1. Applicant : An application for a patent  can be filed by the true and  first inventor. It can also be filed the by the assignee or legal representative of the inventor. If an application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country.

2. Form of Application: Every application shall be accompanied by a provisional or complete specification. Provisional applications are generally filed at a stage where some experimentation is required to perfect the invention.

Filing of a provisional specification allows the applicant to get an early application date.

A Provisional Specification shall contain:
a. Title,
b. Written Description,
c. Drawings, if necessary and
d. Sample or model if required.

The complete specification shall contain:
a. Title,
b. Abstract,
c. Written Description,
d. Drawings (where necessary),
e. Sample or Model (if required by the examiner),
f. Enablement and Best Mode,
g. Claims and
h. Deposit (Microorganisms)

a. title
Title is generally a word or a phrase indicating the content of the invention.

b. Abstract
It is a short paragraph describing the invention in a precise manner.

c. written description
This is an important part of the specification. It contains the complete and elaborate description of the invention.
Written Description generally starts with a background of the invention. The written description explains the invention clearly and comprehensively, with the help of examples, drawings and models, where and when required.

d. drawings
The written description might be supplemented with drawings, where and when required. The drawings should be clearly labeled.

e. samples or models
On initiative of the inventor or when required by the patent examiner samples or models might be submitted to the patent office. Such samples or models will provide a better understanding of the invention.

f. enablement and best mode
The applicant has to enable his invention in order to allow a person with ordinary skill in the art to make and work the invention. He should not only enable, the applicant should also describe the best mode of carrying out the invention.

g. claims
Claims define the metes and bounds of the invention. They are the most important elements in a specification.

h. deposit
If an invention involves microorganisms, which cannot be described by writing. A sample of the microorganism has to be deposited at an internationally recognized depository. There is an internationally recognized depository at Chandigarh

A provisional specification cannot be filed if an application has been filed in a foreign country (Convention country) before the Indian filing and if the application is a PCT application. A complete specification has to be filed within twelve months (extendable to fifteen months) of filing the provisional specification. Each specification should contain only one invention. If there is more than one invention in a specification, separate applications have to be filed for each invention.

3. Priority Date
Priority date is the date of first filing allotted by the patent office to an application. If a provisional application is followed by a complete application, the priority date shall be date of filing of the provisional application. If an Indian application is filed after a foreign or PCT application, the priority date shall be the date of filing of the foreign or PCT application. If an application is divided into two applications, the priority date shall be date of filing of the parent application.

Priority date is the date of reference used by the patent to determine the newness of the invention. If the claimed invention is part of public knowledge before the priority date, it will not be eligible for a patent. Under US Law, priority date is pushed back to the date of conception for determining novelty and Non-obviousness.

4. Place of Filing
Patent Application can be filed at any of the four patent offices in India. Patent Offices are located at Kolkata, New Delhi, Chennai and Mumbai.

5. Documents to be submitted at the time of filing.
The following documents have to be submitted at the time of filing a patent application:
a. Form 1 - Application for the grant of patent.
b. Form 2 - Provisional or Complete Specification.
c. Form 3 - Statement and undertaking by the applicant.
d. Form 5 - Declaration as to inventorship.
e. Form 26 - Authorization of patent agent or any other person.

Priority document details have to be filed for a Convention application.

B. PUBLICATION
A patent application will be published on expiry of eighteen months after the priority date. It can be published earlier, if such a request is made by the applicant. The application will not be published if directions are given for secrecy, until the term of those directions expires. It will also not be published if the application is withdrawn three months before publication date.
On publication, specification including drawings and deposits shall be open for public inspection. The rights of the patentee start from the date of publication but they cannot be enforced until after patent grant.

C. EXAMINATION
1. Request for Examination
The process of examination starts with a request for examination. The request has to be made within 36 months from the date of priority or filing. However, if secrecy directions have been given for the application, the request can be made six months after the directions are revoked or thirty six months from the date of priority or filing, if that date is later.

2. Examination
On receiving the request, the controller shall direct the patent application to the Examiner for examination. To start with, the examiner makes a formal examination by verifying the propriety and correctness of all documents filed with the application. Later, he verifies the patentability of the application. The patentability analysis includes all patentability requirements.

After confirming that the application falls within the scope of patentable subject matter, the examiner conducts a prior art search to check if there is prior art, which anticipates the invention claimed. Prior art search for anticipation includes search for anticipation by publication, filing of complete specification, etc. He then verifies the existence of inventive step, Industrial application, and Enablement and Best mode.

The examiner will give the examination report within 1 month from the date of reference by controller and that term shall not exceed three months. If the examination report is adverse, the controller sends a notice to the applicant and gives him an opportunity to correct and if necessary An opportunity of hearing. The Controller might ask the applicant to amend the application in order to proceed further. If the applicant does not make such changes, the application might be rejected.

The Controller has the power to divide the application, post date the application, substitute applicants and reject the application. An order of division will be given if the application contains more than one invention and if it is required to file separate applications for each invention. The application might be post dated to a period of six months if requested by the applicant. Substitution of inventors is generally done if the inventor has been wrongfully mentioned or if a joint inventor has not been mentioned in the application.

The controller has the power to reject the application, if the applicant does not comply with his requirements.

D. OPPOSITION
1. Pre-grant Opposition
Any person can file an opposition for grant of patent after the application has been published. Opposition may be filed on any of the following grounds:
a. Non compliance of patentability requirements.
b. Nondisclosure or Wrongful disclosure of genetic resources or traditional knowledge.

2. Post-grant Opposition
Any person can file an opposition within a period twelve months after the grant of a patent. It can be filed based on the following grounds:
a. Wrongful obtainment of the invention by the inventor.
b. Publication of the claimed invention before the priority date.
c. Sale or Import of the invention before the priority date.
d. Public use or display of the invention.
e. The invention doesn’t satisfy the patentability requirements.
f. Disclosure of false information to patent office.
g. Application for the invention is not filed within twelve months from the date of convention application.
h. Nondisclosure or wrongful disclosure of the biological source.
i. Invention is anticipated by traditional knowledge.

3. Process of Opposition
On receiving a notice of opposition, the controller notifies the patentee. He then constitutes an Opposition board to deal with the opposition. The Opposition board decides the issues after giving reasonable opportunity of hearing to both the parties. The Opposition board might invalidate the patent, require amendments or maintain the status quo. If amendments are required, they have to be made within the prescribed period in order to maintain the patent.

E. GRANT
If the application satisfies all the requirements of the patent act, the application is said to be in order for grant. An application in order for grant shall be granted expeditiously. A granted patent shall be published in the official gazette and shall be open for public inspection.  Every granted patent shall be given the filing date. The patent will be valid throughout India. A granted patent gives the patent holder the exclusive right to make, use, sell, offer for sale and import the product or use the process. However, the government can make use of the patent for its own purposes or for distributing an invention relating to medicine to hospitals and dispensaries. Furthermore, any person can make use of the patent for experiment or education.

DOCUMENTS REQUIRED FOR FILING AN APPLICTION FOR PATENT
a) Application form in triplicate in the prescribed form no. 1.
b) Provisional or complete specification in triplicate. If the provisional specification is filed it        must be followed by a complete specification within 12 months (15 months with extension)
c) Drawing in triplicate (if necessary).
d) Abstract of the invention in triplicate.
e) Information and undertaking listing the number, filing date and current status of each foreign      patent application in duplicate on the prescribed form no. 3.
f) Priority document (if priority date is claimed) in case of convention application.
g) Declaration of inventor ship where provisional specification is followed by complete specification complete specification or in case of convention application on prescribed form no.5.
h) Power of attorney (if filed through Patent Agent).
i) Fee (Patent in cash/by cheque/by demand draft)  [The Indian Patent act].


ESSENTIAL ELEMENTS OF PATENT
1.    Description
2.    File No
3.    Claims
4.    Abstract
5.    Drawings
6.    Fees
7.    Depositories
8.    Disclosure

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Description
1. The description of the invention in the International Application must disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art.

2. The description first repeats the title of the invention. It then specifies the technical field to which the invention relates. It indicates the so-called “background art,” that is, the technical     and, in particular, patent literature, pertaining to that technical field, constituting the “prior art”    or “state of the art” or known technology for the newly filed application.

It discloses the intention in a way which allows the technical problem and its solution to be understood. It states the advantageous effects of the invention as compared with the known technology. It briefly describes the figures in the drawings. It sets forth the best mode contemplated by the applicant for carrying out the invention and any other mode he wants to include. Finally, it indicates the way in which the invention is capable of exploitation in industry. Explains the inventive step and how it works. [ Richardson Julie H]

Claims:
Claims are the parts of a patent which define the boundaries of patent protection. Patent claims are the legal basis for your patent protection. They form a protective boundary line around your patent that lets others know when they are infringing on your rights. The limits of this line are defined by the words and phrasing of your claims.

As the claims are key to receiving complete protection for your invention, you may wish to seek professional help to ensure that they are properly drafted. When writing this section you should consider the scope, characteristics, and structure of the claims.

Scope
Each claim should have only one meaning which can be either broad or narrow, but not both at the same time. In general a narrow claim specifies more details than a broader claim. Having many claims, where each one is a different scope allows you to have legal title to several aspects of your invention.

Important Characteristics
Three criteria to take note of when drafting your claims are that they should clear, complete, and supported. Every claim must be one sentence, as long or as short a sentence as required to be complete.

•    Be  Clear
Your claim must be clear so that you do not cause the reader to speculate about the claim. If you find yourself using words such as "thin", "strong", "a major part", "such as", "when required", then you are probably not being clear enough. These words force the reader to make a subjective judgment, not an objective observation.

•    Be  Complete
Each claim should be complete, so that it covers the inventive feature and enough elements around it to put the invention in the proper context.

•    Be  Supported
The claims have to be supported by the description. This means that all the characteristics of your invention that form part of the claims must be fully explained in the description. In addition, any terms you use in the claims must be either found in the description or clearly inferred from the description.

Structure
A claim is a single sentence composed of three parts: the introductory phrase, the body of the claim, and the link that joins the two.

The introductory phrase identifies the category of the invention and sometimes the purpose for example, a machine for waxing paper, or a composition for fertilizing soil. The body of the claim is the specific legal description of the exact invention which is being protected.

The linking consists of words and phrases such as:
•    which comprises
•    including
•    consisting of
•    consisting essentially of

Note that the linking word or phrase describes how the body of the claim relates to the introductory phrase. The linking words are also important in assessing the scope of the claim as they can be restrictive or permissive in nature.

In the following example, "A data input device" is the introductory phrase, "comprising" is the linking word, and the rest of the claim is the body.

Purpose:
The claims are the most important part of the patent, since they define the invention in the novel and no obvious context in which the patent is enforceable – the claims serve as the template for the rest of the patent, and are the principal medium and topic of communication

Statement of Claims:
Claims constitute a techno-legal part of the complete specification. The description should end with a claim(s) when a complete specification is filed. In case of provisional specification, there is no need to file claims. Important features and construction of claims is discussed in detail in the next section.

Basic principles of claim drafting:
Each claim must have a specific meaning and purpose, and should reflect how the invention will be used in practice – claim drafting begins with developing an understanding of the invention and its position against the prior art; the size of the gap between them determines claim scope; broader claims capture more competitors, but are more likely to be considered obvious – many practitioners start the drafting process with the claims,

since the rest of the application can be written to support the claims; in fact, the claims can be used as an outline of the specification – also, drafting the claims first facilitates consistent terminology in the specification – the claims also determine the drawings to be submitted

Basic requirements for claims
1. The claims must define the subject matter of the invention for which protection is sought.    They must be clear and concise and fully supported by the description.
2. With respect to the structure and drafting of claims, the PCT requirements are largely similar    to what is  accepted in most patent Offices.
3 .The numbered claims cover the legal aspects of the monopoly, with the first being the main claim and the later dependant claims referring back to earlier claims in describing what is   new about the invention.
4. In a published application the claims are merely an attempt to get protection while the granted patent has the claims that are recognized in law.

Foreign filing claim:
A U.S. patent application can benefit from a foreign filing date (35 USC §§119    and 365) requirements: unity of inventors, unity of invention, reciprocity of patent laws between the U.S.  and the foreign country, filing within 12 months of the date of foreign filing, and compliance with §102 (no patenting anywhere more than a year before the U.S. filing, and no U.S. publication or sale in the same time frame) – no special form for claiming foreign priority, but the foreign oath or declaration should identify the same invention as in the U.S. patent application.

Priority dates of claims of a complete specification
1) There shall be a priority date for each claim of a complete specification.

2) Where a complete specification is filed in pursuance of a single application accompanied by -
a provisional specification; or a specification which is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of the filing of the relevant specification.

3) Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (2) and the claim is fairly based on the matter disclosed -
a.    in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification;
b.    partly in one and partly in another, the priority date of that claim shall be the date of the filing of the application accompanied by the specification of the later date.

Where a complete specification based on a previously filed application in India has been filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed in the previously filed application, the priority date of that claim shall be the date of the previously filed application in which the matter was first disclosed.

4) Where the complete specification has been filed in pursuance of a further application made by virtue of sub-section (1) of section 16 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification in which the matter was first disclosed.

5) Where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates.

6) In any case to which sub-sections (2), (3), (3A), (4) and (5) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification.

7) The reference to the date of the filing of the application or of the complete specification in this section shall, in cases where there has been a post-dating under section 9 or section 17 or, as the case may be, an ante-dating under section 16, be a reference to the date as so post-dated or ante-dated.

8) A claim in a complete specification of a patent shall not be invalid by reason only of - the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date. [Writing%20Patent%20Claims.htm]

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Abstract
The abstract is intended to serve the purpose of technical information. The treaty says clearly that it cannot be taken into account for any other purpose. This means in particular that it cannot be used for the purpose of interpreting the scope of the protection sought.

The abstract consists of a concise summary of the disclosure of the Invention as contained in the description, claims & drawing in within 50 to 150 words. It must be drafted in a way, which Allow the clear understanding of the technical problem, the general idea of the solution of that problem through the invention, and the principal use of the invention.

The abstract is the concise summary of the invention preferably within 150 words. It shall commence with the title of the invention, preferably within 15 words. It should be prepared in such a way that one can understand the technical problem and solution with its usefulness. If necessary, most relevant drawing should also be included in the abstract, particularly, in mechanical type inventions.

Each main feature mentioned in the abstract and illustrated by a drawing should be indicated by reference numerals. In case of Chemical invention, it should contain the Chemical Formula for understanding the invention. However, it cannot be used for the purpose of interpreting the scope of protection in legal proceeding. [Shae & Kathleen Michon]

Drawings
The drawings are only required where they are necessary for the understanding of the invention. This will be the case for a mechanical invention. It will not be the case when an invention cannot be drawn, as is the case for a chemical product. Here again, the requirements are similar to those of most patent Offices Drawings are preferred because it is typically easier    to show the novel, claimed Elements in solid lines and to show the non-essential elements in dotted lines

However, photographs, both black and white and color, can be submitted as    informal drawings to obtain a filing date. Further, black and white Photographs are now    acceptable as formal drawings.

A petition and  associated fee requesting that the Photographs  be accepted as formal drawings, must be  submitted Along  with the photographs in triplicate .If photographs were submitted as informal drawings in the original application, drawings Can be submitted formally in lieu thereof, but the draftsperson must be careful to  illustrate The features  shown  in the  photographs or risk a new matter rejection. Alternatively, Photographs can be submitted with the original application, i.e., where non-essential elements are descriptively disclaimed in the original specification. Color photographs (and drawings) can be submitted as informal drawings to obtain a filing date.

However, the color presents potentially greater limitations and potentially will likely be more difficult to express in ink drawing format   due to the expression of color. Thus, when submitting color photographs as informal design patent application drawings consider specifically disclaiming the color in the original disclosur [Richardson,J.H]

Fees
1) There shall be paid in respect of the grant of patents and applications there for, and in respect     of other Matters in relation to the grant of patents under this Act, such fees as may be     prescribed by the Central Government.

2) Where a fee is payable in respect of the doing of an act by the Controller, the Controller shall  not do that act until the fee has been paid.

3) Where a fee is payable in respect of the filing of a document at the patent office, the       document shall be deemed not to have been filed at the office until the fee has been paid.

4) Where a principal patent is granted later than two years from the date of filing of the complete   specification, the fees which have become due in the meantime may be paid within a term of      three months from the date of the recording of the patent in the register.

5) International Application filing fees can be paid in the national currency and to one Office, the   Receiving Office. They may all be paid within one month after filing.

6) Designation fees must be paid before the end of the priority year or within one month after     filing, whichever time limit expires later. If no priority is claimed and designation to all    Contracting States has been made in the International Application, the option is kept open–at    No cost–for one year to select designations and pay designation fees only for those countries    where  the applicant wants the International Application to remain in effect.

7) Only one designation fee must be paid under the PCT for a regional patent independent of the    number of States party to the regional patent treaty which are designated for a regional patent.    It is therefore advisable to designate in the International Application all States party to the      regional patent treaty concerned and make the selection of individual States at the start of the    regional phase (for example, in respect of a European patent, at 21 months from the priority    date applies, when payment of the European designation fee for each individual State is required). The same observation applies to the designation of states for the purpose of an ARIPO patent.

8) A maximum designation fee under the PCT (which corresponds to 6designation fees) permits    the designation of all Contracting States. Each designation in excess of 6 is free of charge. This    makes it possible to designate all Contracting States at reasonable cost at the time of filing and    to thereby keep the option for a foreign patent open in any Contracting State until at least 21 months from the priority date, or at least 31 months.

9) Failure to pay fees or underpayment of fees can be corrected under Rule. An invitation to pay missing amounts will be issued by the Receiving Office. Payment can be made later, together with a late payment fee. [Intellectual property India]

Renewal fee
To keep the patent in force, Renewal fee is to be paid every year. The first renewal fee is payable for third year of the patent’s life and must be paid before the patent’s second anniversary. If the patent has not been issued within the period, renewal fees may be accumulated and paid immediately after the patent is sealed, or within three months of its recorded in Register of Patents or within extended period of six months up to 9 months from the date of recorded. If the renewal is not paid within the prescribed time, the patent will cease to have effect.

However, provision to restore the patent is possible provided application is made within eighteen months from the date of cessation. Renewal fee is measured from the date of filing of the Patent application. Six month’s grace time is available with extension fee for payment of renewal fee. No renewal fees is payable on Patents of Addition, unless the original patent is revoked and if the Patent of Addition is converted into an independent patent; renewal fee, then, becomes payable for the remainder of the term of the main patent. 

INID Codes
INID codes - These are numbers used to identify bibliographic elements in patent specifications, normally on the front pages. They are only sometimes given in numerical order and are nicknamed, 'INID codes' after internationally agreed numbers for the identification of   bibliographic data.

Disclosure
The first public disclosure of details of an invention, This may be deliberately revealed outside the patent system to make the invention un patentable, or what is described in a patent application. In return for a patent (monopoly rights for a limited time period), the applicant must make a full disclosure of the invention for which protection is sought. [The Indian Patent act]

EXAMPLE OF GRANTED PATENT IN INDIA:
MODIFIED RELEASE ORAL DOSAGES FORM USING CO-POLYMER OF POLYVINYI ACETATE

Application no: 83/MUM/2006 (83/MUM/2006)

Filed on 2006-01-18

Publication date 2007-08-24
Once a day modified release oral dosage form comprising of granules or pellets which are either compressed into tablet or filled inside the capsule, wherein the pellet has a core of active ingredient coated on non pareil seeds with a rate controlling functional coating of co-polymer of polyvinyl acetate optionally with an intermediate separating coating between the core and the functional coating layer.

Applicant
ASTRON RESEARCH LIMITED
10th Floor, Premier House,Bodakdev, Opp. Gurudwara Sarkhej Ghandhinager Highway, Ahmedabad 380054,

Inventor
SHASHANK BABABHAI PATEL, KAMALA SULTANSINGH YADAV, JAYANTA KUMAR MANDAL, KIRTI BANSIDHAR MAHESHWARI

International Information
Classification :A61K31/4439
Publication number:NA[Intellectual property of india]

EXAMPLE OF GRANTED PATENT IN U.S:

United States Patent
Drinking straw with valve function

Abstract
Disclosed is a drinking straw with valve function adapted to be mounted to a beverage container, the straw including a straw member having a straw body, a bellows portion formed at a desired portion of the straw body, and a tube arranged in the bellows portion while being integral with the straw body and having a desired elasticity, and a straw mounting member for mounting the straw member to the beverage container. The straw mounting member includes a fixed base attached to a top of the beverage container while being in close contact with the top of the beverage container, a straw fitting section formed at one side portion of the fixed base, and adapted to mount the straw member thereto, and a straw holding section formed at the other side portion of the fixed base, and adapted to hold the straw member in a bent state or to release the straw member from the bent state. A cut-out is selectively formed at an inner tube portion of the tube in a region where the inner tube portion bends. The cut-out has a desired shape while serving to provide an improved passage closing function when the bellows portion bends.

Inventors: Lee, Kyou sang
Application.no: 10/172,898
Filed: June 17, 2002

Claims

What is claimed is:
1. A drinking straw with valve function adapted to be mounted to a beverage container, the straw comprising a straw member including a straw body having a passage defined therein, a bellows portion formed at a desired portion of the straw body, and a tube arranged in the bellows portion while being integral with the straw body and having a desired elasticity, said tube providing a passage closing function when the bellows portion bends further comprising: a straw mounting member for mounting the straw member to the beverage container, the straw mounting member including a fixed base attached to a top of the beverage container while being in close contact with the top of the beverage container, a straw fitting section formed at one side portion of the fixed base, and adapted to mount the straw body thereto, and a straw holding section formed at the other side portion of the fixed base, and adapted to hold the straw member in a bent state or to release the straw member on the bent state.

2. The straw according to claim 1, wherein: the straw fitting section comprises a straw fitting hole formed at the fixed base, and a protrusion extending downwardly from a lower surface of the fixed base around the straw fitting hole; and the straw holding section comprises a pair of hooks extending upwardly from an upper surface of the fixed base while facing each other, the hooks having a desired elasticity.

3. The straw according to claim 1, wherein a packing member is installed at the straw fitting section so that it is interposed between an inner surface of the straw fitting section and a corresponding outer surface portion of the straw member in order to provide an improved sealing effect between the straw and the beverage container, while firmly fitting the straw member in the straw fitting section.

4. The straw according to claim 1, wherein the straw member is integrally formed with the straw fitting section of the straw mounting member.

5. A drinking straw with valve function comprising a hollow straw body having a passage defined therein, a bellows portion formed at a desired location of the straw body while having a desired length, and a tube arranged in the bellows portion, further comprising: a cut-out formed at an inner tube portion of the tube in a region where the inner tube portion bends, the cut-out having a desired shape while serving to provide an improved passage closing function when the bellows portion bends.

6. The straw according to claim 5, wherein the cut-out has a substantially triangular cross-section so that when the tube bends by an angle of 90.degree., lateral surfaces of the cut-out come into contact with each other while forming a contact line moving toward an outer tube portion of the tube, whereby the contact line comes into close contact with the outer tube portion in a pressed state at a tip thereof.

7. The straw according to claim 5, wherein the tube has the same length as the straw body.

8. The straw according to claim 5, further comprising: a straw mounting member for mounting the straw member to a beverage container, the straw mounting member including a fixed base attached to a top of the beverage container, a straw fitting section formed at one side portion of the fixed base, and adapted to mount the straw body thereto, and a straw holding section formed at the other side portion of the fixed base, and adapted to hold the straw body in a bent state or to release the straw member from the bent state.

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Description

BACKGROUND OF THE INVENTION
1) Field of the Invention
The present invention relates to a drinking straw with valve function, and more particularly to a drinking straw with valve function, in which a tube serving as a valve is arranged inside a bellows portion included in the straw, in order to selectively open and close a passage defined in the straw, thereby controlling spouting of the liquid from the beverage container, so that the straw can serve as a tap for the beverage container, as well as its original straw function. 

2. Description of the Related Art
Rod-shaped drinking straws are well known. A rod-shaped drinking straw is typically configured to have a hollow rod shape having a passage extending throughout the straw. Since the straw extends linearly, a user can drink liquid contained in a beverage container only when the user's mouth is aligned with the container. For this reason, such straw is inconvenient to use in drinking liquid. Furthermore, it may damage the user's throat or mouth. In order to solve these problems, a drinking straw has been developed, which is provided at a substantially central portion thereof with bellows to adjust orientation of the straw, thereby also adjusting spouting direction of the straw.

Although each of the above mentioned conventional drinking straws allows a user to drink in a stable way a desired volume of liquid contained in a beverage container, it still is disadvantageous in that the container has an outlet of which size is considerably larger than that of the straw, defining a gap between the outlet and the straw, thereby resulting in spillage of liquid from the container through the gap if the container is tipped over. In addition, since the straw floats in the container, the user has to hold it by hand while drinking, which is inconvenient. Furthermore, the passage of the straw is always in an open state. For this reason, liquid may unintentionally flow from the container through the open passage of the straw in the event of an impact unintentionally applied to the container when the user drinks the beverage using the straw while walking or riding in a car. In this case, the spouted liquid may contaminate the user's clothes. Additionally, liquid contained in the container may be polluted by foreign matters, such as dust, possibly introduced into the container through the gap between the outlet and the straw. 

In order to solve the above mentioned problems, the applicant proposed a straw having a valve function. This straw is disclosed in U.S. Pat. No. 6,360, 912, and also illustrated in FIG. 1, bearing a reference numeral 100.

As shown in FIG. 1, the straw 100, which has a basic config

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