A

WELCOME
INTELLECTUA
L PROPERTY
RIGHTS AND
PATENT
 CONTENTS
• Introduction
• Main Fields of Application of IPR
• Patents
• Conclusion
• References
 INTRODUCTION
INTRODUCTION

INTRODUCTION
 WHAT IS A
PROPERTY?
Property designates those things that are commonly recognized as
being the possessions of an individual or a group .

TYPES:-
• TANGIBLE:- is physically present
EG- building , land , house
• INTANGIBLE:- cannot be felt physically
EG- Intellectual property

EXAMPLE OF INTELLECTUAL
PROPERTY :-
An author’s copyright on a book or article , a distinctive logo design
representing a company and its products etc.
 INTELLECTUAL PROPERTY RIGHTS(IPR)

* The rights given to people over the creation of their

minds.
* They usually give the creator an exclusive right over the
use of his/her creations for a certain period of time .
CATEGORIES OF INTELLECTUAL PROPERTY

IPR is divided into two categories:-

A)Industrial property
B)Copyright
INDUSTRIAL An intellectual property having direct relation
PROPERTY to industries is called Industrial Property .

It includes :-
• Patents for inventions PROPERT
Y
• Trademarks (goods and services)
• Industrial designs
• Geographical indications
COPYRIGHT
RELATES TO ARTISTIC
CREATIONS SUCH AS POEMS ,
NOVELS , MUSIC , PAINTINGS
AND CINEMATOGRAPHIC
WORKS.
A closely associated fiels is “related rights” or
“rights related to copyright” encompass
rights similar to copyright .

THE BENEFICIARIES ARE:-

• Performers (such as actors and musicians) in their performances
• Producers of phonograms (for example , compact discs) in their soun
recordings
• Bradcasting organisations in their radio and television programs
 INTELLECTUAL PROPERTY DURATION

COPYRIGHTS 60 Years

DURATION OFPATENTS
INTELLECTUAL PROPERTY
20 YearsIN NUTSHELL

REGISTERED VARIETIES FOR 18 Years

DIFFERENT CROPS

TRADEMARK 10 Years

GEOGRAPHICAL INDICAATION (GI) 10 Years

MAIN FIELDS OF
APPLICATIONS OF
IPR
TYPES OF SUBJECT MATTER MAIN FIELDS
INTELLECTUAL
PROPERTY
RIGHTS
Patents New , non-obvious industrially Drugs , chemicals , plastics ,
applicable engine , turbines , electronics ,
industrial controls and scientific
equipments
Trademarks Signs or symbols to identify goods and All industries
services

Copyright Original works of authorship Printing , entertainment ,(audio ,

video , motion pictures) , software

Integrated circuits Original layout designs Micro-electronic industry

Industrial designs Ornamental designs Clothing , automobiles ,

electronics

Geographical indications Geographical origins of goods and Wines , spirits , cheese and other
services food products
PATENTS
 Patent is a grant for an invention by the
government to the inventor in exchange for full
disclosure of the invention .

Exclusive right granted by law to

applicants/assignees to make use of inventions
for a limited period of time ( generally 20 years
from filing ) .
LIFECYCLE
OF PATENTS
 WHAT CAN BE PATENTED ?

Any invention which can be a product or process that provides a

new way of doing something or offers a new technical solution to
something .

WHAT CANNOT BE PATENTED ?

Inventions falling within Section 20(1) of the Atomic Energy Act,1962
 “INVENTION” UNDER PATENT
LAW
Sec. 2(1) (J ) of the Patent Act,1970 – Invention means a
new product of process involving an inventive step and
capable of industrial application

PATENTABLE INVENTION
It should meet the following criteria :-
• Novelty
• Inventive step
• Industrial applicability
 NOVELTY :- The
matter disclosed in the
specification is not
published in India or
elsewhere before the
date of filing of the patent
application in India
INVENTIVE INDUSTRIAL
STEP :- The invention is APPLICABILITY
notobvious to a person
skilled in the art in the light
of the prior publication /
:- Invention should possess
utility , so that it can be made
knowledge / document or used in an industry
TYPES OF PATENT APPLICATIONS
• ORDINARY APPLICATION
• PATENT OF ADDITION :- granted for improvement or modification of the already
patented invention , for an unexpired term of the main patent
• DIVISIONAL APPLICATION :- in case of plurality of inventions disclosed in the main
application
• CONVENTION APPLICATION :- claiming priority date on the
basis of filing in convention countries.
• PCT International Application :- filing in all designated
countries , simple and economical for filing in many
countries.
 WHO CAN APPLY FOR PATENT?
The inventor may make an application , either alone or jointly with another
person or his assignee or legal representative of any deceased inventor or his
assignee .

There are two types of documents known as PATENT SPECIFICATION and includes :
A) Provisional specification
B) Complete specification
 PROCEDURE
OF PATENT
REGISTRATION
PATENT REGISTRATION
PROCESS CYCLE
PROVISIONAL SPECIFICATION

• Filed when the invention delay is expected in submitting full and specific
description of invention .
• It is followed by complete specification.
• Complete specification is submitted within 12 months of filing provisional
specification .
 COMPLETE SPECIFICATION

It is an essential document and includes :-

• Title of invention
• Field of invention
• Background of invention with regard to the drawback associated with known art
• Object of invention
• Statement of invention
• A summary of invention
• A brief description of the accompanying drawing
• Detailed description of the invention with reference to drawing/examples
• Claim(s)
• Abstract
DIFFERENCE BET WEEN
PROVISIONAL AND
COMPLETE
SPECIFICATION
 GRANT OF PATENT
• Application is filed with one of the patent offices.
• Controller makes allotment of the application to the examiner
• Examiner determines the procedural validity and compliance
• Examination of patent application
• Prior art search covering publication in india and abroad is done
• First examination report in 18-24 months .
• Objection (or adverse report) if any of the examiner is to be communicated to the applicant for compliance
• If the requirements are complied with , the claims of patent are published in Gazette of the patent office (takes normally 6 months)
• Section 25 allows for opposition of any member of public
• If the applicant overcomes the oppositions and the examiner accepts the submitted complete specification by advertising in the official gazette .
• After accepting the complete specification , the patent shall be granted to the applicant
• Controller shall seal the patent with the seal of patent office and the date of sealing of patent is entered into register .
PATENT FILING
PROCEDURE
PROCEDURE
PATENT FILING
 OPPOSITION
Any person intended can oppose the grant of patent within 6
months from the date of publication in official journal (Pre-
Grant opposition ) or within 1 year of grant of patent (post-
grant opposition).

OPPOSITION CAN BE RAISED WHEN :-

•Patent is wrongfully obtained from the person opposing the application.
•Invention is obvious to person skilled
•The claims do not relate to an invention
•The best mode is not disclosed in the complete specification
PATENT
INFRINGEMENT
Infringement occurs when
* manufacture
* sale or
* import of a patented invention
* without permission from patent owner

But , use of patent by government will not constitute infringement .

 PENALTIES
CONTRAVENTION DESCRIPTION PENALTY
Contravention of secrecy provision Failure to comply with any directions Imprisonment up to 2 years or with fine
relating to certain inventions (Sec.118) given under section 35 or wine both

Falsification of entries in register etc If any person makes false entry in any Imprisonment up to 2 years or with fine
(Sec.119) register kept under this Act or wine both
Unauthorised claim of patent rights If any person falsely represents that any Punishable with fine that may extend to
(Sec.120) article sold by him is patented in india Rs.1,00,000
Wrongful use of words , “patent office” If any person uses on his place of Imprisonment for a term that may extend
(Sec.121) business or any document the words to 6 months , or with fine or with both .
“patent office” lead to the belief that his
place of business is connected with the
patent office .
 COMPULSORY LICENSE
Compulsory licensing allows governments to license third parties (that is , parties other than the patent holders) to
produce and market a patented product or process without the consent of patent owners .

Any time after three years from date of sealing of a patent , application for compulsory license can be made .

Compulsory license is granted provided:-

• Reasonable requirements of public have not been satisfied
• Patented invention is not available to public at a reasonably affordable price
• Patented invention is not worked in India

Section 92A of Patents Act,1970 provides for compulsory licensing of patents relation to the manufacture of
pharmaceuticals products for export to countries with public health problems.
CONCLU
SION
 CONCLUSION
The legal protection of new creations is necessary because it
encourages innovation .

The promotion and protection of intellectual property spurs

economic growth , creates new jobs and industries and enhances
the quality and enjoyment od life .
 REFERENCES

REFERENCES
 REFERENCES
• www. caa. in/image/34_hb_on_IPR. pdf-Adukia Rajkukumar S.,Hadbook of Intellectual Property Rights
in India
• Dr. Kuchekar B.S. , Khadtare A.M. , itkar sachin C. , “Forensic Pharmacy” , eighth edition , Nirali
Prakashan, pg.no. 16.1-16.20.
• Concept of IPR and patent | PPT (slideshare.net)
• Intellectual Property Rights | PPT (slideshare.net)
• Patent ppt | PPT (slideshare.net)
• Patent | PPT (slideshare.net)
• Intellectual Property Rights and its Types | PPT (slideshare.net)
• Sagar Savale, Technology transfer scientist | SlideShare
• INTELLECTUAL PROPERTY RIGHT(IPR) | PPT (slideshare.net)
• Patent | PPT (slideshare.net)
• Introduction to intellectual property rights | PPT (slideshare.net)
• Sailakshmi110 presentations (slideshare.net)
• Patent processing & filling | PPT (slideshare.net)
 ……………………………
…………………………………….

………………………………………
.

……………………………