Key Concepts in Patent Law
This course covers a brief introduction to patent law, how to read the Patents Act, 1970 and the Patents Rules, 2003, the fundamental concepts in patent law like novelty, inventive step, priority, prior art, anticipation, person skilled in the art, fair basis, enabling disclosure, opposition, revocation, infringement, compulsory licence etc.
Preparing for the Patent Agent Examination involves a good amount of reading the Patents Act, 1970 and the Patents Rules, 2003. It requires detailed material explaining the fundamental concepts in patent law like novelty, inventive step, priority, prior art, anticipation, person skilled in the art, fair basis, enabling disclosure etc. The essential reading should also cover patent specifications for different fields of technology.
See Download section for a sample material on “Introduction to Patents”
The key to good drafting is writing and the key to writing well is rewriting. Though Engineers and Science graduates may be exposed to academic and technical writing, patent drafting involves exercises of demarcating a private space by making a disclosure of the invention. Drafting should capture simultaneously the process of distinguishing the invention from the prior art and making an enabling disclosure.
See Video section for the lecture on “An Introduction to Intellectual Property Rights”.
There are Fees, Forms, Timelines and then there are a host of details that can be asked in the Examination. There is no escape from learning by rote. The new amendment, the Patent (Amendment) Rules, 2016 introduces more details than ever. A systematic approach is required in creating tables and charts that facilitate quick learning and better retention.
See Download section for a sample material on “One Month Memorization Table”
Most of the foundational principles in Patent Law are established by cases decided by the Courts. Analysing these case laws give an insight into understanding the foundation of patent law. The principles of claim construction, infringement, inventorship etc are derived entirely from case laws. Following case laws also helps aspirants to prepare better for the viva voce and to stay up-to-date with the developments in the law.
Checkout Patent Fast Reporter and see how it helps you to stay on top.
A good number of the questions posed in the Patent Agent Examination are in the nature of a problem. Aspirants are expected to solve these problems. Problem solving is not of the kind engineers are used to. Solving a problem in patent law involves knowing the provisions of the law, an understanding in applying them and devising the most suitable answer the situation demands.
See Download section for a sample material on a previous year’s questions and their solutions, “Problem-Solved”.
To understand the boundaries of a patent specification, one should know the principles of claim construction. Claim construction is a critical skill for any Patent Agent. The Patents Act, 1970 and the Patents Rules, 2003 are legislative material which follow certain rules of interpretation. Training in interpreting the patents and the statutes is a skill that must be learnt.
See Download section for the latest consolidated version of the Patents Rules 2003 as amended by the Patents (Amendment) Rules, 2016.