Intellectual Property Rights-shared for assessment I

Intellectual Property
Rights
Srividya Ravi, PhD
Sept 2024
Gnanlex
CREATIVITY (CREATION OF THE MIND)
Creativity is the ability to Creativity is

the foundation
 Think / come up with new idea
for
 design new “inventions”
Innovation
 produce “works of art”
 solve problems in new ways, or
develop a new idea based on
“original” knowledge.
 novel or unconventional
approach.
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INNOVATION IS THE KEY
CONSTITUTION OF INDIA
Fundamental Duties include –
It shall be the Duty Of Every Citizen Of India..
To develop SCIENTIFIC TEMPER, humanism and
the SPIRIT OF INQUIRY…

Finance Minister Nirmala Sitharaman in her maiden
budget speech stressed on the equal importance of
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“Fundamental Duties”
SOME DEFINITIONS
• Intellect: the mental faculties, the power or faculty of the

mind by which one knows or understands, as
distinguished from that by which one feels and that by
which one wills; the understanding; the faculty of
thinking and acquiring knowledge.
• Property: that which a person owns
• Types: Tangible and Intangible property
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TANGIBLE Vs INTANGIBLE PROPERTY
Tangible Intangible
 Can see, feel or visualize  Not a visible form
the property  Very difficult to fix value on IPs

 Easy to determine the
value  Has a particular term,
 Has no particular term, can some forms’ term can be

renewed or extended.
be indefinite and
permanent
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INTELLECT – PROPERTY – RIGHT
Idea
Innovation/ Quality + Keep

Expression Appearance
Invention Identity Confidential
TRADE
COPYRIGHT PATENT TRADEMARK DESIGN
SECRETS
Copyright Trademarks
Act 1957 Act 1999 Common
Patents Designs Act, Law IPC,
Act 1970 2000 CPC, CrPC
Layout-Designs of Integrated Circuits
Geographical Indication (GI)

Protection of Plant Varieties
IP PORTFOLIO
INTELLECTUAL QUASI INTELLECTUAL
PROPERTY RIGHTS PROPERTY RIGHTS

• Confidential Information
• Patents
• Know How
• Trade Marks • Trade Secrets
• Designs • Reputation
• Copyright • Data Exclusivity

• Brand loyalty/goodwill
• G.I,
• Client / customer lists
• CBD, UPOV, (PPVFRA) • Market intelligence
• IC Layouts, • In-house Standards/
• Specs Impurity profiles
• domain names
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• Management practices
INNOVATIONS / INVENTIONS
‘How’s / ‘Why’s / ‘From’
 Necessity ------ from  Serendipity -----
Market place / User / Accidental, often path-
Needy breaking
 Expertise ------ In-house /  Disruptive Innovations
Available Technologies ----- Breakthroughs
 Compulsions ------  Incremental Innovations
Competitions / Constraints -- prior art based
 Jugaads ----- Frugal
innovation mostly of Indian
Origin
INCREMENTAL INNOVATIONS
• Based on Existing Knowledge
• Usual Source
 Internet, publications, patents
 In-house R&D
 Market needs
• Based on ‘Out of Box’
 Creative thinking
 Visualization
 Beyond Horizons
• Spray in dispenser
Covid-19
pandemic
• Gel in dispenser
demanded • Refill pack
touch free • Pocket model
dispenser with • Leg operated
a sensor spray
• Automatic
Necessity dispenser,
based • Sprayer with LED
• Tunnel
innovatio
INVENTION
Section 2(1)(j)
"invention" means a new product or process involving an inventive
step and capable of industrial application;

PATENTS
TRIPs
Part – II, Sec.5
Art. 27 to 34 Patent is an exclusive
right granted for an
invention, which may
be a product or a
process.
WHAT IS A PATENT ?
 A patent is a protection given to a patentee
for an invention for a limited term
(20years) by the government for
disclosing the invention
 Right to exclude others from
manufacturing, using, offering for sale,
selling or importing your invention (MOUSI).
Negative Right
 Owner has a qualified right to use the
Three Statutory Pillars for Patentability
as per the Patents Act, 1970
Grant of Patent
Must not be
covered by Sec. 3
and Sec. 4
1 2 3
SINGLE UTILITY
PRIOR
ART
Inventive Industrial
Novelty Step Application
Section 2(1)(ja)) Section 2(1)(ac))
MOSAICKING PERSON SKILLED

PRIOR ART IN THE ART
THREE PILLARS
An invention can be patented if it is
 Must be NOVEL
• Must be New
• Must DISTINGUISH from “State of the Art”
(Prior Art)
 Must have INVENTIVE STEP
Must be Non-obvious to a
“Person Skilled in the Art”
 Must have INDUSTRIAL APPLICATION
Must be Useful
Must have Utility
EVALUATION?
Inventions having NUNS
Test
NOVELTY:
Single Prior Art / Superimposable
INVENTIVE STEP (Non-obvious): Statutory

Subject
Mosaicking for obviousness
matter
Sec 3a-p,
INDUSTRIAL APPLICATION: Sec 4
Utility
INVENTIVE STEP
Section 2(1)(ja):
“inventive step” means a feature of an

invention that involves technical advance as
compared to the existing knowledge or having
economic significance or both and that makes
the invention not obvious to a person skilled
in the art.
NON-OBVIOUS
THE DIFFERENCES BETWEEN THE

CLAIMED INVENTION and the PRIOR ART are such
that the subject matter as a whole WOULD NOT
HAVE BEEN OBVIOUS at the time the invention
was made to a PERSON SKILLED IN THE ART, to
which the subject matter pertains.
NOVELTY VS OBVIOUSNESS
In order to demonstrate lack of novelty, the anticipatory disclosure must be

entirely contained within a single document either explicitly or implicitly. If
more than one document is cited, each must stand on its own, or the
documents so cited are linked in such a manner so that they form a
continuous document.
The cumulative effect of the disclosures cannot be taken into consideration

nor can the lack of novelty be established by forming a mosaic of elements
taken from several documents. This may be done only when arguing
OVERCOMING NON-
OBVIOUSNESS OBJECTIONS
• Not a mere workshop or routine (expected) improvement
• Improvement in quantitative parameters
• Comparative data-literature or experimental based
• Long standing problem in the art TS
• Unresolved need M
• Teaching away from the invention
• Include the surprising effect in the Claim
• new result, or a new article or a better or cheaper article
than before
• Mere collection of more than one integers or things, not
involving the exercise of any inventive faculty
INDUSTRIAL APPLICATION
Section 2(1)(ac):
"capable of industrial application", in relation to an invention, means
that the invention is capable of being made or used in an industry;
21
CASE STUDY
Prior art 1: It
Prior art 3: 7 is desirable
devices to have multi
combined, no functional
time devices
difference Product and
process 2016, 2018,
disclosed- a 2019, 2019,
device that has 2024
7 functions,
shortens
Prior art 4: operation time Prior art 2: five
time is by 30 minutes devices
reduced by combined
10 minutes, No difference
but two in time taken
devices to perform the
combined operation

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Intellectual Property

Creativity is the ability to Creativity is

Fundamental Duties include –

It shall be the Duty Of Every Citizen Of India..

To develop SCIENTIFIC TEMPER, humanism and

the SPIRIT OF INQUIRY…

• Intellect: the mental faculties, the power or faculty of the

• Property: that which a person owns

• Types: Tangible and Intangible property

the property  Very difficult to fix value on IPs

value  Has a particular term,

 Has no particular term, can some forms’ term can be

Innovation/ Quality + Keep

Layout-Designs of Integrated Circuits

Geographical Indication (GI)

PROPERTY RIGHTS PROPERTY RIGHTS

• Copyright • Data Exclusivity

"invention" means a new product or process involving an inventive

step and capable of industrial application;

 A patent is a protection given to a patentee

for an invention for a limited term

(20years) by the government for

disclosing the invention

 Right to exclude others from

manufacturing, using, offering for sale,

selling or importing your invention (MOUSI).

MOSAICKING PERSON SKILLED

INVENTIVE STEP (Non-obvious): Statutory

“inventive step” means a feature of an

THE DIFFERENCES BETWEEN THE

In order to demonstrate lack of novelty, the anticipatory disclosure must be

The cumulative effect of the disclosures cannot be taken into consideration

"capable of industrial application", in relation to an invention, means

that the invention is capable of being made or used in an industry;

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