Title: RK Gupta, Head,
1IGNOU September 11, 2005
PROTECTING AN INVENTION
RK Gupta, Head, Intellectual Property Management
Division Council of Scientific Industrial
Research India guptark04_at_yahoo.com
2CRITERIA FOR PATENT PROTECTION
- NOVELTY (WORLDWIDE BASIS)
- NON-OBVIOUSNESS
- UTILITY
3- EXPLAINING THE EXPRESSION
- NATIONAL PATENT
- OR
- WORLD PATENT
4- WHAT IS A PATENT SPECIFICATION?
5DIFFERENCE BETWEEN A PUBLICATION AND A PATENT
- SCOPE
- DISCLOSURE
- BEST MODE
- CRITERIA OF PATENTABILITY
6DISCLOSURE
- WHEN (Before or after Publication)
- WHERE Routes (PCT/SINGLE FILINGS)
- WHAT - look at what is not patentable
7Costs associated with the disclosure
- Disclosure - How much
- Disclosure more
- Disclosure - less
- Disclosure bad
- Disclosure - timing
8DISCLOSURE
- Understanding the readers of your patent.
9UNDERSTANDING DISCLOSURE
- TECHNO-LEGAL-BUSINESS NATURE OF THE DISCLOSURE
- REQUIRES TECHNO-LEGAL-BUSINESS SKILLS FOR DRAFTING
10Structure of A Patent Document
- Title of the invention
- Abstract
- Field of the invention
- Background of the invention
- Prior art discussion
- Objects of the invention
- Summary of the invention
- Detailed description of the invention
- Examples
- Advantages
- Claims
11Understanding the Prior Art
12 13FINDING THE INVENTION
- 1. INVENTORSS BRIEF
- 2.OBJECTIVES OF THE INVENTION
- 3. Component parts/process /method/product
/application details about the invention - A. What component parts/process steps/product
characteristics make up the invention? - B. What component parts/process steps, if any,
are new? - C. How are the component parts connected?What are
the process steps involved? - D. Is there any new function achieved/NEW STEP
INVOLVED? - E. What variations in the method/ reaction
conditions/reactants/structure possible? - F. Which part of the invention is most critical
and took longest to develop? Why? - 4. Purpose and function of the invention
- A.What does the invention do and its utility
- B.Are there other ways to do what the invention
does?
14FINDING THE INVENTION
- 5. Establishing the Problems.
- How were these problems addressed IN THE
PRIOR ART? - 6. Competition
- A.What inventions in the prior art competes with
the invention? - B.What are the advantages of the invention over
the known art? - C.How are these advantages achieved?
- D.What features of the invention would be more
vulnerable? - E.Does the invention improve upon a prior
product/process? If so,what products/processes
and in what ways? - F.Provide a full description of prior
product/PROCESSES to cite as prior art.
15FINDING THE INVENTION
- A.whether the invention developed has commercial
potential or similar product/process already in
the market - B.Is it possible to introduce the product in the
market immediately? If so, when, and under what
circumstances? - C.What advantages and features help sell the
product? - D.How are these advantages and features achieved?
- E. What is the life of the product?
- 8. What is the AVERAGE skill in this art?
- Who else is working in the area?
16FINDING THE INVENTION
- 9.Best mode contemplated by the inventor
- - Has the inventor thought about a best mode
of practicing the invention? - - If a best mode has been contemplated, is it
fully disclosed?
17BIOLOGICAL MATERIAL
- Use of Bilogical Material
- MTAs
- Depositions
- Availability
18DRAFTING PATENT SPECIFICATION
19Drafting Claims
- Every patentable invention represents a novel,
nonobvious improvement over what existed before
it. Thus, rarely does study of a claim of a
particular prior art patent shed much light on
how to draft a claim for a new invention. Indeed,
the patent claim for a new invention must
represent something different from what the prior
art claim represents. - Avoid revising an existing Claims set to draft a
new application. One need to start from scratch
in his own way to remain in control of all the
countless subtleties.
20CLAIM TYPE
- INDEPENDENT TYPE
- DEPENDENT TYPE
- WHY MORE FALLBACK SITUATIONS
21Claim Elements
- All claims include
- - a preamble - A brief description about the
invention (Dont add any limitations to the
preamble). - - a transitional phrase, (comprising, consisting
essentially of and consisting) and - - a body.
22CLAIMS TYPE
- Product Type Claims directed to a Product
(compound/apparatus/composition/formulation) - Process/Method/Application/USE Type
- Claims directed to a process (new or improved)
- Claims directed to a method (new or improved)
- Claims directed to an application (method of
using/new use) - HOW TO GO About
- - METHOD/PROCESS CLAIM ( FUNCTIONAL LANGUAGE/
recite stepwise) - - APPARATUS/DEVICE CLAIM - recite in terms of
structural elements or means plus function
language - (USE So that / WHEREIN / WHEREBY CLAUSES
FOR FUNCTIONAL LANGUAGE) - Use both formats whenever possible
23INDIA
- SECTION 10
- This section deals with the contents of the
specifications and other documents/mode/sample to
be providedwith the specifications. - SECTION 10 (1)
- Every specification, whether provisional or
complete, shall describe the invention and shall
begin with a title sufficiently indicating the
subject-matter to which the invention relates. - 10.1 The provisional specification/complete
specification shall be submitted in form2. It
shall have a title clearly indicating the
invention and the description. The description
should start with a statement of, as to what
subject the invention relates to, the background
art if available, and the object of the
invention. This should be followed by the details
of the invention which are available to the
applicant at the time of filing the
provisional/complete specification. The
description can be accompanied with drawings (see
section 10 (2). -
24INDIA
- The Complete specification shall be submitted in
Form 2. It will have a title clearly indicating
the invention and description as specified in
(10.1) and further specified in Section 10(4). - SECTION 10 (4) Every Complete specification
shall - (a) fully and particularly describe the invention
and its operation or use and the method by which
it is to be performed - (b) disclose the best method of performing the
invention which is known to the applicant and for
which he is entitled to claim protection and - (c) end with a claim or claims defining the scope
of the invention for which protection is claimed. - The description should fully and particularly
describe the invention, by clearly distinguishing
it from the prior art if available. If the
applicant is not aware of any prior art such a
statement may be given. The description should
include a statement of invention before giving
the details of the invention and how to perform
it. This should be sufficient for an average
person skilled in the art to perform the
invention. This can include examples/drawings or
both. The complete specification should end with
a claim or claims. The purpose of the claims is
to define the scope of the invention and gives
the exclusive right to the patentee for the term
of a patent. -
-
25UNITY OF INVENTION
26INDIA
- SECTION 10 (5)
- The claim or claims of a complete specification
shall relate to a single invention, shall be
clear and succinct and shall be fairly based on
the matter disclosed in the specification and
shall. - 10.5 The claims should relate to an single
inventive concept. - 10.5(1) The purpose of claims is to limit the
scope of the invention rather than enhance it,
and should be made so as to clearly distinguish
the invention from the existing state of art, if
any, and clearly define the boundary of the
invention.
27PRECAUTIONS
- Figures/black white/color photographs should be
numbered - Various parts of an apparatus over device must be
numbered - Units used must be internationally acceptable
- Trademarks used must describe product details
- Expressions used must be explained wherever
necessary - In each example reaction conditions as given
should be specific - No parameter ranges should be given in a specific
example - Best mode must be described
28PRECAUTIONS
- Trade secret information should not be use
- Incase of biological material deposit details
must be given(deposit number date of deposit
and place of deposit) - Sufficient number of working example with varying
parameters should be given - Starting materials used must be available
- Cross-reference to another pending application
must be given - Nucleotide sequences should be prepared using
patentln software downloadable from USPTO/EPO
site - Incase of compositions/formulations various
components must add up to 100 - Ratios of various components should be given
within ranges in the claims - Structure of a new compound need to be properly
checked - Examples with comparative data/examples should be
titled as comparative data/example to avoid
confusion with the working examples
29STRATEGY IN WRITING A PATENT
- Adopt a business approach
- Differentiate with existing products
- Highlight Advantages
- Lab to Market
- Current level of development
- Replacement of existing product
- Product Life Cycle
30What is claimed is (US Patent No.
5,955,084)Process for the simultaneous
production of artemisnin and essential oil from
the plant artemisia annua
- 1. A process for the simultaneous production of
essential oil and artemisinin from the Artemisia
annua, said process comprising (i) drying and
powdering an A. annua plant part to produce a
dried and powdered plant or plant part, (ii)
extracting the powdered plant or plant part of A.
annua with hexane to produce a hexane extract and
a residual Marc. (iii) reducing the hexane
extract to 5-20 of its original volume under
vacuum, (iv) partitioning the resultant
concentrated hexane extract between hexane and
acetonitrile water mixture to produce a hexane
phase and an aqueous acetonitrile phase, (v)
evaporating the hexane phase to dryness to obtain
a hexane residue,
31Contd.
- (vi) hydrodistilling the hexane residue and
residual Marc to yield essential oil, (vii)
removing water from the aqueous acetonitrile
phase to produce an acetonitrile phase, (viii)
extracting the acetonitrile phase with a
hexane-benzene mixture to obtain a hexane-benzene
extract and a residual acetonitrile phase, (ix)
removing the hexane-benzene solvent to yield a
residue (x) dissolving the residue in
chloroform (xi) extracting the chloroform
solution with a base, (xii) neutralizing the
aqueous basic solution, (xiv) extracting the
neutralized aqueous solution with chloroform,
32Contd.
- (xiv) evaporating the chloroform and
crystallizing the extracted hexane-benzene
extract to produce artemisinic acid, (xv)
reducing and photooxidizing the artemisinic acid,
(xvi) chromatographing the acetonitrile phase
over silica gel with hexane and collecting
different eluted fractions, (xvii) evaporating
the different eluted fractions crystallizing said
fractions to produce substantially pure
artemisinin. 2. A process claimed in claim 1,
wherein dried parts of the plant used for the
extraction are selected from any part of the
plant. 3. A process as claimed in claim 1
wherein partitioning between hexane and
acetonitrile water mixture used in step (iv) is
done in the ratio of 23 in liquid-liquid
extraction column.
33Contd.
- 4. A process as claimed in claim 1 wherein
acetonitrile water mixture used in step (iv) is
in the ration of 11 to 15. 5. A process as
claimed in claim 1 wherein partitioning step (iv)
is carried out between two phases for 3 hrs. 6.
A process as claimed in claim 1, wherein the time
taken for hydrodistillation of Marc ranges
between 30 minutes to 120 minutes. 7. A process
as claimed in claim 1, wherein the hexane residue
is hydrodistilled for 30 minutes to 120 minutes
to obtain the essential oil. 8. A process as
claimed in claim 1 wherein fractionation between
acetonitrile and hexane-benzene mixture after
removal of water in step (viii) is done to
isolate artemisinic acid.
34Contd.
- 9. A process as claimed in claim 1 wherein
benzene used in hexane-benzene mixture used as
solvent ranges between 10-30. 10. A process as
claimed in claim 1, wherein the base used in step
(ix) is a 5 solution of sodium carbonate. 11.
A process as claimed in claim 1 wherein basic
solution in step (ix) is neutralized with 5 HCl
solution, extracted with chloroform followed by
drying of solvent and crystallisation with ethyl
acetate yielding artemisinic acid. 12. A
process as claimed in step (x) of claim 1,
wherein reduction in step (x) comprises (i)
dissolving artemisinic acid and
NiCl.sub.2.6H.sub.2 O in dry methanol (ii)
adding sodium borohydride to the resultant
solution at 0.degree. C. over a 2 hr. period
(iii) neutralising the solution obtained in step
(ii) with 5 aqueous HCl solution and (iv)
isolating and crystallizing the dihydro
artemisinic acid in ethyl acetate to obtain pure
dihydro artemisinic acid.
35Contd.
- 13. A process as claimed in claim 1, wherein the
photo oxidation comprises (i) dissolving the
dihydro artemisinic acid in dichloromethane--ethyl
acetate solvent (ii) oxidising the solution
obtained in step (i) in the presence of
fluorescence light daily for two hours up to 8
days (iii) concentrating the solution obtained
in step (ii) and recrystallizing the residue in
hexane to isolate artemisinin. 14. A process as
claimed in claim 1 wherein the chromatographic
step is carried out in SiO.sub.2 columns
comprises a solute having adsorbent ration 13.
15. A process as claimed in claim 1 wherein the
elution with n-hexane solvent is being done under
vacuum at 100-150 mm Hg absolute pressure. 16.
A process as claimed in claim 1 wherein
chromatographic adsorbent used is Silica gel H
with mesh size of about 200.
36Contd.
- 17. A process for the simultaneous production of
essential oil and artemisinin from the plant A.
annua wherein the yield of essential oil obtained
from the marc of the plant is about 50. 18. A
process for the simultaneous production of
essential oil and artemisinin from the plant A.
annua wherein artemisinic acid and artemisinin
are recovered in about 90 yield. 19. A process
as claimed in claim 2, wherein the dried part of
the plant is selected from the group consisting
of leaves, infloroscence and small stems.
37What is claimed is (US Patent No. 6,617,847)
Sensing device for the non-destructive
evaluation of steel structures or components
- 1. A portable, easily operable magnetic sensing
device for the non-destructive evaluation of
steel structures or components which have
undergone an extended period of service in order
to determine the extent of micro-structural
degradation or residual stress within said
structures or components which comprises the
combination of a probe head adapted to be located
proximate the structure or component to be
evaluated and signal processing means,
characterised in that said probe head comprises a
sensing core of nonocrystalline Fe-based material
having a first pair of coils wound thereabout
such that in normal condition when current flows
through said first pair of coils, each half of
the sensing core is symmetrically magnetised and
said signal processing means comprises a toroidal
ferrite core having a second pair of coils wound
thereon, one of the terminals of each of said
first pair of coils of the sensing core being
earthed while the other terminals thereof are
each connected respectively to one terminal of
each of said second pair of coils on said
toroidal core, the other terminals of the second
pair of coils being joined together and connected
to an excitation source capable of generation of
a frequency of 5 kHz, the combination of said
first and second pairs of coils constituting a
primary, coil, the sensed signal having different
harmonics which emanates from said primary coil
when the probe head is placed proximate a
structure or component being evaluated in order
to assess the micro-structural degradation or
residual stress thereof being transmitted to the
input of a secondary coil mounted on said
toroidal core, the output of said secondary coil
being connected to a filter means active to
suppress only a first harmonic signal and to
permit other harmonic signals to pass onward for
measurement thereof.
38Contd.
- 2. A device as claimed in claim 1 wherein the
nanocrystallne Fe-based material forming said
sensing core is a heat-treated Fe.sub.22k
Nb.sub.4.5x Cu.sub.13.5 B.sub.9 in which x is a
value from 0 to 1, said nanocrystalline ribbon
having approximately the following properties -
- Dimension 40 mm .times. 10 mm .times. 24 .mu.m
- Permeability 10.sup.4 .times. 10.sup.5
- Coercivity 10-30 mOe
- Saturation induction 8-10 kG 3. A device as
claimed in claim 1 wherein said toroidal core is
composed of Mn-Zn ferrite having a permeability
of from 3000 to 4000 and a coercivity of from 1
to 3 Oe.
39Contd.
- 4. A device as claimed in claim 1 wherein said
first pair of coils each has the same number of
turns which can vary from 1500 to 2000. 5. A
device as claimed in claim 1 wherein each of said
second pair of coils has the same number of turns
which can vary from 25 to 50. 6. A device as
claimed in claim 1 wherein said secondary coil
has from 50 to 100 turns. 7. A device as
claimed in claim 1 wherein said excitation source
is a constant current signal generator. 8. A
device as claimed in claim 1 wherein said filter
means in a notch filter active to suppress the
first harmonic, i.e, a signal of 5 kHz and to
permit other harmonics, i.e., all signals other
than 5 kHz, to pass onward.
40Contd.
- 9. A device as claimed in claim 1 wherein said
means for measuring said second harmonic signal
is multimeter. 10. A device as claimed in claim
1 wherein an amplifier is connected to the output
of said filter means to which said second
harmonic signal is passed for amplification prior
to being measured. 11. A device as claimed in
claim 10 wherein said amplifier is tuned
amplifier which amplifies the second harmonic,
i.e. a signal of 10 kHz, to a desired level for
the convenient measurement thereof.
41What is claimed is (US Patent No.
6,610,332)Anti-leishmanial activity of betel
leaf extract
- 1. A method of treating visceral leishmaniasis
or kala-azar in mammals, said method comprising
the step of administering to the mammals a
pharmaceutical composition comprising an
effective amount of a betel leaf extract, wherein
the betel leaf extract is obtained by crushing
the betel leaf or extracting the crushed leafs
with water or organic solvents selected from the
group consisting of alcohol, carbon
tetrachloride, chloroform and acetone. 2. The
method according to claim 1, wherein the
composition comprises betel leaf extract and a
pharmaceutically acceptable additive. 3. The
method according to claim 2, wherein the additive
is selected from the group consisting of
proteins, carbohydrates, sugar, talc, magnesium
state, cellulose, calcium carbonate,
starch-gelatin paste, pharmaceutically acceptable
carriers, excipient, diluent and solvent. 4.
The method according to claim 1, wherein the
composition is administered orally or
intramuscularly.
42Contd.
- 5. The method according to claim 1, wherein the
oral route is administered in the form of
capsule, syrup, concentrate, powder or granules.
6. The method according to claim 2, wherein the
ratio of betel leaf extract to the additive is in
the range between 1-10 to 10-1 by weight. 7.
The method according to claim 1, wherein the
composition is administered at a dosage level
between 10 to 20 mg/kg of body weight for
alternate days for one month. 8. The method
according to claim 1, wherein administering the
composition reduces the viability of Leishmania
donovani promastigotes in vitro by 57 to 79 and
reduces splenic and liver parasites load by 93 to
95.
43What is claimed is (US Patent No. 6,531,166)
Use of betel leaf extract to induce IFN-gamma
production from human peripheral blood T cells
and as a Th1 type immunomodulator
- 1. A method of enhancing a cellular immune
response mediated by Th.sub.1 helper
T-lymphocytes in a subject, said method
comprising administering a pharmaceutically
effective amount of a composition comprising a
betel leaf extract to a subject in need of such
enhancing, wherein the betel leaf extract is
obtained by aqueous extraction of betel leaves,
thereby enhancing a cellular immune response
mediated by Th.sub.1 helper T-lymphocytes. 2.
The method as claimed in claim 1, wherein the
composition comprising the betel leaf extract is
associated with or in combination with a
pharmaceutically acceptable additive. 3. The
method as claimed in claim 1, wherein the betel
leaf extract has further been lyophilized. 4.
The method as claimed in claim 3, wherein the
composition comprising the betel leaf extract is
associated with or in combination with a
pharmaceutically acceptable additive. 5. The
method as claimed in claims 2 or 4, wherein the
additive does not interfere with the activity of
said betel leaf extract.
44Cotd.
- 6. The method as claimed in claims 2 or 4,
wherein the additive is a pharmaceutically
acceptable carrier, excipient, diluent or
solvent. 7. The method as claimed in claims 1,
2, 3 or 4, wherein the composition comprising the
betel leaf extract is administered orally or
intramuscularly. 8. The method as claimed in
claim 7, wherein when administered orally, the
composition comprising betel leaf extract is in
the form of a capsule, syrup, concentrate, powder
or granules. 9. The method as claimed in claims
2 or 4, wherein the betel leaf extract and the
additive are present in the composition at a
ratio of between 10-11-10. 10. The method as
claimed in claims 1, 2, 3 or 4, wherein the
composition comprising the betel leaf extract is
administered at a dosage level of between 5 to 10
mg/ml/kg of body weight at least once a day for
one month. 11. The method as claimed in claims
2 or 4, wherein the additive is a selected from
the group consisting of a protein, carbohydrate,
sugar, talc, magnesium stearate, cellulose,
calcium carbonate, and starch-gelatin paste.
45What is claimed is
- 12. A method for enhancing a cellular immune
response mediated by Th.sub.1 helper
T-lymphocytes in a subject, said method
comprising administering to a subject in need of
such enhancing at least 5 to 10 mg/ml/kg of body
weight of a composition comprising a betel leaf
extract, wherein the betel leaf extract is
obtained by aqueous extraction of betel leaves,
wherein the composition is administered at least
once a day for a period of at least one month,
and wherein the composition is administered
orally or intramuscularly, thereby enhancing a
cellular immune response mediated by Th.sub.1
helper T-lymphocytes.
46What is claimed is (US Patent No. 6,413,553)
Herbal formulation of a combination of Piper
betel and Murrya koenigii extracts for blocking 5
lipoxygenase activity
- 1. A pharmaceutical formulation useful as a
leukotrine and IL4 synthesis inhibitor and as a
Th1 immunomodulator, said formulation comprising
an effective amount to function as said inhibitor
and immunomodulator of a combination of extracts
or lyophilised extracts obtained from Piper betel
and Murrya Koenigii. 2. A formulation as
claimed in claim 1, further comprising one or
more pharmaceutically acceptable additives. 3.
A formulation as claimed in claim 2, wherein said
extracts are obtained from plant parts selected
from the group consisting of leaves, stems, bark,
fruits, and seeds. 4. A formulation as claimed
in claim 2, wherein said additive is selected in
such a manner that it does not interfere with the
activity of said extracts or lyophilized extracts
of Piper betel and Murrya koenigii. 5. A
formulation as claimed in claim 2, wherein said
additive is selected from the group consisting of
proteins, carbohydrates, sugar, talc, magnesium
stearate, cellulose, calcium carbonate, and
starch-gelatin paste.
47Contd.
- 6. A formulation as claimed in claim 1, which is
in a form to be administered through an
inhalation, oral, intravenous, intramuscular or
subcutaneous route. 7. A formulation as claimed
in claim 6, wherein said form for oral route is
selected from the group consisting of capsule,
syrup, concentrate, powder and granules. 8. A
formulation as claimed in claim 1, wherein the
amount of Murrya koenigii extract or lyophilized
extract is equal to or greater than the amount of
Piper betel extract or lyophilized extract. 9.
A formulation as claimed in claim 1, wherein the
ratio of said Piper betel extract or lyophilized
extract to said Murrya koenigii extract or
lyophilised extract is in the range 11 to 15.
10. A method of treating an animal or human
subject for bronchial respiratory conditions,
said method comprising administering to the
subject an effective amount to treat said
conditions of a formulation as claimed in claim
1. 11. A method as claimed in claim 10, wherein
said formulation further comprises a
pharmaceutically acceptable additive.
48Contd.
- 12. A method as claimed in claim 11, wherein
said additive is selected in such a manner that
it does not interfere with the activity of said
extract or lyophilised extract of Piper betel and
Murrya Koenigii. - 13. A method as claimed in claim 11, wherein
said additive is selected from the group
consisting of proteins, carbohydrates, sugar,
talc, magnesium stearate, cellulose, calcium
carbonate and starch-gelatin paste. 14. A
method as claimed in claim 10, wherein said
formulation is administered through an
inhalation, oral, intravenous, intramuscular, or
subcutaneous route. 15. A method as claimed in
claim 14, wherein said form for oral route is
selected from the group consisting of capsule,
syrup, concentrate, powder and granules. 16. A
method as claimed in claim 10, wherein the ratio
of said Piper betel extract or lyophilized
extract to said Murrya Koenigii extract or
lyophilized extract is in the range 11 to 15.
17. A method as claimed in claim 10, wherein
the proportion of Murrya Koenigii extract or
lyophilised extract is equal to or greater than
the amount of Piper betel extract or lyophilized
extract.
49Contd.
- 18. A method as claimed in claim 10, wherein
said formulation is administered at a dosage
level between 1 to 20 mg/kg of body weight at
least once a day for a period of at least 4 weeks
depending upon the respiratory conditions. 19.
A formulation as claimed in claim 1, further
comprising a pharmaceutically acceptable carrier,
excipient, diluent or solvent. 20. A method as
claimed in claim 10, further comprising a
pharmaceutically acceptable carrier, excipient,
diluent or solvent.
50THANKS