Intellectual Property Rights

Intellectual Property is that property

which results from the intellectual efforts
of individuals or organizations, in other
words the property which is the creation
of human mind and human intellect.
Intellectual Property Rights ( IPR): The
rights associated with the protection of
this intellectual property is referred to as
Intellectual Property Rights ( IPR)

Different types of Intellectual

Property
Industrial Property:
i) Patents
ii) Designs
iii) Trade marks
iv) Geographic Indication of source
COPYRIGHTS:
literacy, artistic, dramatic, musical works,
cinematographic
films,
records
and
broadcasts.

What are Patents

Novelty, Utility, Non obviousness
A Patent is a right in relation to INVENTIONS
Grant for exclusive right
For a limited period
Provided by Government to the patentee
In exchange of full disclosure of his
invention
Excluding other from making, using,
selling, importing the patented product
or process

Novelty, Utility, Non

Aobviousness
new product or process, involving

an inventive
step and capable of being made or used in an
industry. It means the invention to be patentable
should be technical in nature and should meet the
following criteria:i)Novelty: The matter disclosed in the specification
is not published in India or elsewhere before the
date of filling of the patent application in India
ii)Inventive Step: The invention is not obvious to a
person skill in the art in the light of the prior
publication/knowledge/document
iii)Invention should possess utility, so that it can be
made or used in an Industry

What is patentable Invention

1.Process for the production of new compound
2.Improvement of existing process for production
of known compound/ composition
3.Development of new machine or device
4.Improvement of existing machine or device
5.Development of synergistic Composition

What is not patentable

i) Discovery which is frivolous
ii)Discovery of a scientific principle or the
formulation of an abstract theory (or
discovery of any living thing or non-living
substances occurring in nature)
iii)Mere collection of two more things like
salt and water is not consider to be
patentable, unless there is some inventive
approach.

What is not patentable

iv)
a method of Agricultural or horticultural
practices
v) Any process for the medicinal, Surgical, curative,
prophylactic, diagnostic, therapeutic or other
treatment of human beings or any process for a
similar treatment of animals to render them free of
disease or to increase their economic value or that
of their products.
vi) Plants and animals in whole or any part thereof
other than micro-organisms but including seeds,
varieties and species and essentially biological
processes for production or propagation of plants
and animals.

What is not patentable

vii) A mathematical or business method or a
computer programme or algorithms.
Viii) A literacy, dramatic, musical or artistic work
or any other aesthetic creation including
cinematographic
works
and
television
productions
ix) Method of playing game, Inventions relating
to atomic energy or the inventions prejudicial to
the interest of security of india
X) Aggregation or duplication of traditional
knowledge or traditionally known component or
components

LEGISLATION

The patent system in India is Governed:

Patents Act,1970
Patents ( Amendment) Act,2005
Patent Rules,2003
Patent ( Amendment) Rules,2006
Patent ( Amendment) Rules,2016 with effect from
16th May, 2016
The patent Office Located at: Kolkata, Mumbai,
Chennai and Delhi. The responsibility of patent
lies under Controller General of Patents, Designs
and Trade Marks under Ministry of Industry.

International Treaties

India is a member state of World Intellectual Property

Organization ( WIPO), an International Organization,
responsible for promotion of the protection of intellectual
property through out the world.
Apart from the above, India is also member of the following
international organization and treaties in respect of patents:
World Trade organization ( WTO) with effect from 1.1.1995
Paris Convention for the protection of industrial Property
with effect from Dec 7,1998
Patent Co-operation Treaty ( PCT) with effect from Dec
7,1998
Budapest Treaty with effect from 17th December,2001
TRIPS: Trade Related aspect of Intellectual Property Rights
( TRIPS)

Types of patent Applications

a) An Ordinary Application:
b)Application for patent of Addition
( Granted for improvement or Modification
of the already patented invention)
c)Convention
application:
Claiming
priority date on the basis of filling in
Convention Countries.

National Phase Application under PCT

Procedure for Award of Patents

Application for patent
Patent office examination
Resubmissi
on after
fulfilling
the official
objections

Re-examination of application as amended to meet

official objections
Acceptance & publication of
application
grant of
patent

Amendment

Abandone
d

Opposition to
grant of patent
Application to
be modified
based of
comments
Patent
Office
hearing

Aband
oned

Refuse

Amendment

Appeal to high/
supreme court

Aband
oned

Documents required for filling an application

1.Application form in duplicate (Form1)
2.Provisional or complete specification in duplicate.
If the provisional specification is filed, it must be
followed by the complete specification within 12
months (Form2)
3.Drawing in duplicate (if necessary)
4.Abstract of the invention in duplicate
5.Information & undertaking listing the number,
filling date & current status of each foreign patent
application in duplicate (Form3)

Documents required for filling an application

6. Priority document ( if priority date is claimed) in
convention application, when directed by the
controller
7. Declaration of inventor ship where provisional
specification
is
followed
by
the
complete
specification or in case of convention/PCT national
phase application ( Form5)
8. Power of attorney ( if filled through patent Agent)
9. Fee ( to be paid in cash/by cheque /by demand
draft )

Patent Specifications
The document in which the invention is
disclosed is called patent specification
Two types of Specification:
i)Provisional Specification
ii) Complete Specification

Provisional Specification
Application for patent may be accompanied
by the provisional specification. It should
contain the description of invention with
drawing, if required. It is not necessary to
include claim. However, the complete
specification should be fairly based on the
matter
disclosed
in
the
provisional
specification and should be filed within 12
months. If the complete specification is not
filled within 12 months the application is
deemed to have been abandoned.

Complete Specification
The complete specification is an essential documents
in the filling of patent application along with the
drawing to be attached according to the necessity.
Complete specification shall fully described the
invention with reference to drawing, if required,
disclosing the best method known to the applicant and
end with claim/claims defining the scope of protection
sought. The specification must be written in such a
manner that person of ordinary skill in the relevant
field, to which the invention pertains, can understand
the invention. Normally it should contain the following
matter i) Title of invention

Complete Specification

ii) Field of invention

Iii) Background of invention with regards to the drawback
associated with known art
Iv) Object of invention
V) Statement of invention
Vi) A summary of invention
Vii) A brief description of the accompanying drawing
Viii) Detailed description of the invention with reference to
drawing / examples
Ix) Claim
X) Abstract

Abstract
The abstract is the concise summary of the
invention preferably within 150 words and shall
commence with little invention. 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 of 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.

Drawing
Drawing should be filed on standard A4 size sheet
in duplicate. Figure should be shown clearly on
sufficient scale in upright position with respect to
top and bottom position of the sheet. At left-hand
top corner of the sheet, the name of the applicant
should be mentioned with the application no.

OPPOSITION Proceedings to grant of patents

Pre-grant opposition: Where an application for a patent
has been published but a patent has not been granted, any
person may in writing represent by the way of opposition to
the Controller against the grant of any patent. The
representation shall be filled at the appropriate office and
shall include a statement and evidence, if any in support of
the representation and request for hearing if so desired.
The controller shall appoint a HEARING decide on the
matter.
Outcome of the Opposition proceeding: Opposition allowed
or not allowed

Grant of patents
Grant Of Patent: When all the requirements are met
or in case opposition is in favour of the applicant, the
patent is granted
Term and date of patent: Term means that period for
which a patent is valid in India.
Term: 20 years from date of Application in general.
Patent under the category of food, new chemicals is 5
years from date of grant or 7 years from date of filling
which ever is earlier. It is 7 years for drug or medicine

Withdrawal of patent application

Withdrawal
of
patent
application:
The
application for patent can be withdrawn at least 3
months before the first publication.
The application can also be withdrawn at any
time before the grant of patent.
The application withdrawn after the date of the
publication cannot be refiled as it is already laid
open for public inspection. However, application
withdrawn before the publication can be refiled
provided it is not open to public otherwise.

Post Grant opposition

Any interested person can file notice of opposition ( along
with written statement and evidence if any ) anytime
after the grant of patent but before one year expiry of
patent. The above notice under section 25 (2) shall be
filed on form-7 at the appropriate office. The post grant
opposition is decided by an opposition Board followed by
a hearing and the reasoned decision by the controller.
Register of patent: The register of patents are kept in
the patent Offices and can be inspected or extract from it
can be obtained on payment of prescribed fee. Register
of patent contains the name and address of the patentee,
notification of assignment etc, particulars in respect of
validity and payment of renewal fee.

Rights of the patentee

The grant of patent gives the patentee the
exclusive rights to prevent other from performing,
the act of making, using, offering for sale, selling or
importing, obtaining product by using without
authorization.

Use of Patent Information

Researcher:

Can avoid the duplication of work, assess state of

art before initiation of proposal, find ready solution for technical
problem of ongoing projects or programme

Industry:

Improvement of existing technology, production of new

and better product, improving better productivity, locating supplier of
new materials, identifying suitable technologies for acquisition

Business Enterprises:

Find the
marketing or licensing, can identify competitors

new

Consultant & Gov. organization:

product

technology

forecasting

Financial Institute:

for

To asses the technology project

Sources of Patent Information

Patent Information System ( PIS)
,Nagpur maintains a comprehensive
collection of patent specifications
and patent related literature on a
worldwide
basis
and
provides
technological information contained
in patent or patent related literature
through search services and patent
document supply services

Other Sources of Patent

Information
1.National Informatics Centre,
CGO Complex, Lodhi Road, New
Delhi
2.National
Research
and
Development Cooperation, New
Delhi
3.Intellectual
property
Management Division ( CSIR),
INSDOC Building, New Delhi
4.Indian
National
Scientific

Designs
The designs is an idea of conception
relating to the features of shape,
configuration, pattern or ornament applied
to an article by an Industrial process.
These features are conceived in the
creators intellect. The idea conceived are
given material form as a pictorial
illustration or as a specimen, prototype or
as a model. These features can then be
protected as design under design Act.

Designs

The designs are covered by the Design Act of

1911
The responsibility of design lies under Controller
General of Patents, Designs and Trade Marks
under Ministry of Industry.

Some Characteristics under design:

It must be new or original design
Must not have been previously published
in India prior to the date of registration

Trade Marks
A trade Mark is a visual system in the form of a word, a
device or a label applied to an article of manufacture or
sale with a view to indicate to the consumer about the
origin of manufacture of goods, affixed with that mark.
It therefore, helps to distinguish such goods from
similar goods manufactured by others in the same
trade.
The registration of trademark is important because it
creates a link between manufacturer and consumer. It
is an excellent instrument of publicity and symbol of
goodwill.
The duration of trade Mark is for 7 years from date of
filling of application. This can be renewed after expiry.

Copyright
Copyright can be acquired in relation to work of authorship
that include literary works ( they include computer software
under the Indian law), musical works, architecture, works of
applied art, maps, plans, sketches, motion pictures and
other audio-visual works and sound recordings. The right is
basically a proprietary right and come into existence as
soon as the work is created.
In India, the Copyright Act of 1957, which was amended in
1984 and subsequently again revised in 1995 is
administered by the Registrar of Copyright under the
superintendence and control of Department of Education,
Ministry of Human Resource Development.
The tenure of copy right is for life time of the Author plus
60 years.