 Welcome to the session. I am damn tensed. This is my first talk. So please pardon me if I don't. Thank you for that. After hearing all the deep inside, let's come to a very basic topic that is anatomy of a software patent. How does a patent look like? This is me. I am a mother to a 15 month old child who is sleeping over there. Normally who doesn't sleep? I am a blogger. I maintain my blog at Anveshadas.in where I transforms legalish to English and I am a lawyer by profession. I was working with a mortgage and now I have shifted here and I am a dancer. So disclaimer, this talk is not a legal advice. This is only to help you. The intention of the talk is to help you to read a patent document nicely. So when we hear the word patent, the first thing comes into our mind or the first thing we need to understand is what an intellectual property is. As it is very much evident from the term itself, intellectual property is a property created by someone's intellect. Intellectual property can be of many types. Patent, trademark, copyright, trade secret, etc. So today our discussion is about patent. So what is the definition of a patent? Patent is a kind of intellectual property which is granted by the sovereign for a specified period of time. It is a monopoly right and it is granted to the inventor for his invention. Too many legalish term over there. Decrypted inventor is a patent. There are three points which I need to be discussed over here. The first thing is that sovereign means the authority for the government. Then monopoly. Monopoly right is the exclusive right of the inventor. Inventor is basically the owner if there is not any arrangement contrary to it. And the third thing is time bound. Time bound means it is granted for a specified period of time. It is 20 years. Just the same gap between Titanic release and Leonardo getting Oscars. So to get a strong protection like patent, the invention has to be useful, non obvious and novel. Now why a patent? Why do we need a patent? So before going into why do we need a patent, let's dig into the history of the patent a bit. The word term patent has come from the word latest patent as opposed to the closed letters. These were the open letters under the great seal of King of England. Under these letters by and through these letters, the king used to confer certain rights to its subjects. So the concept of patents by a letter we are conferring certain rights to somebody has come from there. And the main aim of patent is to create an equilibrium between a public good and a private good. The public good part is that so that the public can use the invention for their own benefit and the society can enrich as a whole. And the private good part is that so the inventor gets the benefit of his own invention and he can get incentivized. Then let's come to the patent document, construction of the patent document. So like every human being patent has a face and a body and a heart. So let's come to the face of the patent. Surely our face does not look like this when we see a patent but the face of the patent document is the front page of the patent document. When we open a PDF file or we take the patent certificate, it is the front page that is called the face of the patent document. There are many various things which is there in the face of the patent document. The first thing is the patent number. Patent number is a unique identifier granted by the USPTO. It is pertinent to mention here that I am specifically talking about US patents here. So this patent number is granted by USPTO that is the United States Patent and Trademark Office. And it is the mark of approval of the patent application. And there are certain specific numbers and some codes in the patent number which denote certain specified or specialized kinds of patents. These are called kind codes. Like if there is RE in a patent number that is re-examine patent and if there is PP in a patent number then it is a plant patent. If there is D in a patent number then it is design and if there is D in a patent number then it is defensive patent. Previously the kind code was managed on a certain different act. Now it has been managed by America Invents Act of 2011. The next thing that is there are the dates in the patent. There are basically three types of dates in a patent document. First is the application date or the filing date. The date it has been applied for, the patent has been applied for or filed in the office. The second date is the issue date when that is written as the date of patent when it has been issued by the authority or the USPTO. And there is another kind of date. It is called the priority date. Priority date, basically the application date is generally the priority date. But there are certain circumstances when the application date and priority date are different. When some document claims priority to the application date itself then the date of that document has to be considered as priority date. And the patent term is judged by or calculated by getting into knowledge of all these dates. And it is generally the system that it is first to invent not first to file. The next thing is the title of the patent. The title as it is like any movie title like Kung Fu Panda. When I say Kung Fu and Panda there is Kung Fu and Panda in the movie. The title is the same. It is short and specific explanation or definition of what is there in the patent. The next thing is the inventor. Who is the inventor? Inventor is the person who has conceived an working idea and actually or constructively has made or reduced the working idea into practice. So decrypted, conceived. Conceived means the person who has the idea constructively means who actually by instructing someone has made the thing into practice and reduced them into practice means making the working idea into a practice. Like any other intangible property patent though being an intangible property can be like transferable property. So if we look into a patent document we will be like many of the patent document will find a sign this word. So assigning means to whom the patent holder has assigned his rights or transferred his right by way of assignment or sale or license or something. The next thing that is important here to understand what is prior art. Prior art is the knowledge or the invention that is already available. That is called the prior art or the precedence. So if my invention or somebody's invention falls into that area of prior art then it won't get patented. So this prior art is very important and all this prior art and references and arguments will get on the face of the patent and as historical outline. Even the name of the examiner or the arguments everything is there on the face of the patent as historical outline. The next thing what we will find on the face of the patent is abstract of the patent document. Abstract of a patent document is a single paragraph explaining the invention of the patent within a 150 words. So it's basically a synopsis kind of thing. The next thing which is there is the representative figure. Representative figure basically depicts the basic idea. It is given by the examiner. By this representative figure the examiner gives the top level view of the product, method and process of the invention on the face of the patent itself. The next thing that is there on the face of the patent is the body of the patent. The body of the patent may not be as furry or soft but it is as fat as poor from the great Kung Fu Panda movie. Like it is awful of all drawings and written descriptions and diagrams and everything. It is often the body often called a specification. It is the specification serves two kind of things basically. One is public good and the educational purpose and second the legal obligation that a patent must disclose its invention wholly or fully. Also sometimes to understand a vague claim which we will go later. We take the recourse from the body itself. Let's discuss what is there in the body. As I said there are drawing sheets and different diagrams each separately numbered and it is placed just beneath the face of the patent. And there is written description. The written description can be of three kinds. First is technical, second is the summary of the invention and third is the description of the figures. What is technical written description that is mentioned here. The technical written description is basically mentioning the technical field of the invention. That is to which field of invention the patent relates to. Actually it is very useful to get the right kind of examiner for the patent to examine the patent. The second thing is that the summary of invention. In the summary of invention all the advantages, overview of the invention, context, previous endeavours on the same field. Subsisting patent and technical terminology to understand the patent itself are mentioned. And there are description of figures which describes the figure which is being referred to. In this point we need to mention one thing this is called embodiments. We get embodiments means the use cases. We get the patent on the working idea itself not the use cases. So we get the patent on the working idea not to the embodiments. Next thing is there is referencing a patent. Patent are written in a greed row column system to make it easy to refer it easily. But it is not that easy to refer or to understand. The next thing we are coming in a patent document are the claims. The claims as I said the patent has three parts. We covered face and body. Claims are the heart or the core of the patent. Construction of a patent claim. This section 112 of title 35 of the United States Code deals with the patent claim. Let's check what is there in a patent claim. The first thing that is there in the patent claim that is the preamble. Preamble of the patent claim denotes the type of the invention as described by the patent. It also defines any terminology which is important to understand the claim itself. It is very important to get the drafting of the claim very nicely in a proper manner. Because the claim decides the boundary of the patent right. What is the right granted by that claim or the patent itself. There are certain phrases which is legal or kind of vague which is there on the claim of the patent. This is called transitional phrase. Transitional phrase are the phrases which relates the preamble or which creates a relationship between the preamble and the invention as a whole. Or the any part of the invention or part of the claim which is set forth in the claim itself. This type of transition phrase that is open transition broadens up the limits of the claim. These are the examples of comprising. The word comprising is an example of open transition and composed of is an example of closed transition. Limitation of the claim. The limitation of the claim is described by the experts as at the core of the claim. As the claim is the core of the patent, the limitations are the core of the claim. Though every inventor does not wish to limit his or her invention. But it is very important to mention the limitations of the invention. To make the invention different from the state of the prior art. To make the differences between what is there already and what are the new things that this invention is bringing on. So there are basically two types of claim. First is independent claim. The independent claim has to basically satisfy two conditions. First they should have to define an working invention. And secondly they should be unique. And the dependent claim as very much evident from the term itself is dependent on the independent claim. If the independent claim gets invalidated, the dependent claim automatically gets invalidated. Now by now we have covered the patent document. But now we have a paper. So what do we do with the paper? What are the rights that a patent holder gets? Basically the patent holder gets three major rights. That is to exploit the product or process to make it to hire it to do whatever he or she wants. Of course within the boundaries of the legal requirements. Then to transfer it like any other tangible property as I said earlier. And the third thing is that if someone infringes his right then the patent holder has a right to sue. Which is very dear to some patent holders and which they do not want to let it go. Then at the end of the talk suddenly something comes in my mind. Why am I giving a talk about a patent in a FOSS conference? Nobody likes a patent here. So why am I giving a talk? Basically the FOSS people believes that software is idea and ideas can't be patented. They should be shared to enrich the society as a whole. But it is better before rejecting something it is better to know. And it is a very much prevalent system in US now. Which people now we have to read the patent document and patent is a very prevalent system in US. So that's why I have given this talk. Therefore we have come to an end of this talk. I hope it will be easier for you to read a patent document now. And it won't appear as a vague PDF to you. Thank you. Biological organism? It is kind of written that if a new plant or a new plant has been discovered. Or there are some new plant has been created through this thing. This is called plant data.