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IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
IPR AND SOFTWARE PROTECTION
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IPR AND SOFTWARE PROTECTION

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FUNAMENTALS OF INTELLECTUAL PROPERTY IN SPECIFIC TO PATENTS AND PROTECTION OF SOFTWARE BASED INVENTIONS AND THE LEGAL POSITION IN SOFTWARE PROTECTION AS AN EDUCATIVE APPROACH WERE DISCUSSED.

FUNAMENTALS OF INTELLECTUAL PROPERTY IN SPECIFIC TO PATENTS AND PROTECTION OF SOFTWARE BASED INVENTIONS AND THE LEGAL POSITION IN SOFTWARE PROTECTION AS AN EDUCATIVE APPROACH WERE DISCUSSED.

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  • 1. 1 R.KUMARAVENKATESAN M.L(IPR)., Educative approach
  • 2. 2
  • 3. 3 PROPERTY  Owned by a person  Registered under an authority  Claimed / prevent others from claiming  Assignable, transferable, mortgageable PROPERTY  TANGIBLE PROPERTY  MOVABLE PROPERTY  IMMOVABLE PROPERTY  INTANGIBLE PROPERTY  RIGHTTO INDIVIDUL REPUTATION  INTELLECTUAL PROPERTY
  • 4. 4 INTELLECTUALPROPERTYRIGHT  INTELLECTUAL- CAPACITY,CREATIVITY,IDEA,KNOWLEDGE,  PROPERTY- OWNED,REGISTERED,POSSESSED  RIGHT- CLAIMED,EXERCISED,EXPLOITED THE RIGHT ASSOCIATED WITHTHE IDEA OR CREATION OF MIND WHCH IS APPLIED, OWNED AND EXPLOITED BY A PERSON
  • 5. 5 INTELLECTUALPROPERTY CLASSIFICATION INDUSTRIAL PROPERTY LITERARY PROPERTY  PATENTS  TRADE MARKS  DESIGNS  INTEGRATED CIRCUITS AND LAYOUT DESIGNS  COPY RIGHTS  NEIGHBOURING RIGHTS PERFORMERS RIGHTS BROADCASTING REPRODUCTIONRIGHTS
  • 6. 6 Maximum period of protection of various IP rights  PATENT  TRADEMARK  COPYRIGHT  DESIGNS  LAYOUT DESIGNS  GEORAPICAL INDICATIONS  PLANT VARIETIES  20 years (renewed every year)  No limit (renewed every 10th year)  Life time of the author plus 60 years / (vary between type of work)  10 +5 year(renewed after 10th year)  10 years  No limit (renewed every 10th year)  18 years, 15 years (renewed after 6th year/9th
  • 7. 7 I P LEGISLATIONS IN INDIA 1. PATENTS ACT , 1970 2. TRADE MARKS ACT, 1999 3. COPY RIGHT ACT , 1957 4. DESIGNS ACT , 2000 5. SEMICONDUCTOR INTEGRATED CIRCUITS AND LAYOUT DESIGNS ACT, 2000 6. GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT,1999 7. THE PROTECTON OF PLANT VARIETIES AND FARMERS RIGHTS ACT,2001
  • 8. 8 Patent definition  Latin term patere, "to lay open" (i.e., to make available for public inspection), In English term letters patent, royal decree granting exclusive rights to a person.  Patents in the modern sense originated in 1474, in the Republic of Venice  A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state/government to a true and first inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention.  Patent is an exclusive right granted to a person who has invented a new and useful article or an improvement over an existing article.
  • 9. 9 Need for the protection of Patents  Encouragement  Inducement  Reward  Transfer and dissemination of technology  Commercial exploitation by the inventor  Preventing others from exploiting the right  Healthy competition  Development of a nation  Reveal the intellectual capability of the inventor
  • 10. 10 Patent right  Exclusive right(monopoly)  Granted for a limited period of time  Territorial in nature  Assignable, licensable, transferable and mortgage able right  Proprietary right  Legally enforceable  Registrable before a competent authority  Commercially exploitable
  • 11. 11 Persons entitled to apply for patents  True and first inventor  Assignee of the true and first inventor  Legal representative of any deceased person who immediately before his death was entitled to make such application
  • 12. Rights of patentee An exclusive right over the patented product and patented process to; a) Manufacture b) Use c) Offering for sale, selling or importing in to India for sale d) Prevent others from make, use, sell, import the patented product / product directly obtained through that patented process and commercially exploiting the patent. e) Assign, transfer and issue license f) Surrender the patent g) Sue in case of infringement h) Claim remedies upon proving the infringement 12
  • 13. 13 Patentability Patentability is the ability / character of the invention to make itself eligible for a grant of patent by the patent offices. The criteria of eligibility includes; 1. Novelty 2. Inventive Step 3. Industrial Applicability 4. Utility and in addition 5. The invention should not fall under the category of inventions ‘INVENTIONS NOT PATENTABLE’ mentioned under Sections 3 and 4 of the Patents Act,1970
  • 14. 14 Patentability - novelty  it does not form the state of the art  it has not been described orally  it has not been published before the date of filing the patent application  It has not been used before the date of filing the patent application
  • 15. 15 Patentability-inventive step   Technical advance as compared to the existing knowledge or Having economic significance or  Both technical advance and economic significance and  All the above mentioned features makes the invention non obvious to a person skilled in the art.” Besides the above features the invention  can able to be manufactured in an industry and  It must possess utility ( usefulness) to the mankind
  • 16. 16 Inventions patentable EXHAUSTIVE LIST NOT LIMITED  Art(technology), Process, Method of manufacturing;  Machine, apparatus, instrument or other Articles;  Substances, compositions or formulations produced by Manufacturing process;  Computer Software to be applied in a Technical application to Industry or programmed in a hardware  Food products / Chemicals / Medicines and bulk drugs/ fertilizers
  • 17. 17 Inventions not patentable  Frivolous or obvious and contrary to natural laws  Contrary to public order or morality or prejudicial to human, animal or plant life and health or to the environment.  Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature  Mere discovery of new form of known substance without any enhancement in the efficacy new property or mere new use for known substance or the mere use of a known process, machine or apparatus-unless the known process results to new products or employs at least one new reactant.  Mere admixtures of substances.
  • 18. 18 INVENTIONS NOT PATENTABLE Inventions not patentable  Mere arrangement / rearrangement or duplication of known devices functioning independently in a known way.  Method of agriculture and horticulture;  Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their economic value or that of their products;  Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological process for production or propagation of plants and animals;  A mathematical or business method or algorithms.
  • 19. 19 Inventions not patentable  literary, dramatic and musical works and aaesthetic creations including cinematography and television production.  Method for performing mental act or playing game.  Presentation of information.  Topography of Integrated Circuits.  Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.  Inventions relating to Atomic Energy
  • 20. 20 Patent prosecution - Stages I. FILING OF APPLICATION under section.7 or 54 or 135 or 7(1A) II. REQUEST FOR EARLY PUBLICATION under section.11A(2) PUBLICATION AFTER 18 MONHS under section.11A III. REQUEST FOR EXAMINATION under section.11B IV. EXAMINATION under section under section12 V. SEARCH FOR ANTICIPATION BY THE EXAMINER under section.13 VI. CONSIDERATION OF ‘FER’ BY CONTROLLER under section.14 VII. REFUSAL / AMENDMENT OF THE APPLICATION under section.15 VIII. ANTICIPATION PROCEEDINGS IF ANY under section.18 IX. OPPOSITION PROCEEDINGS IF ANY under section.25 X. SECRECY DIRECTIONS IF ANY under sections.35 to 42 XI. GRANT OF PATENTS under section.43
  • 21. PATENTING IN COMPUTER SCIENCES 21 SOFTWARE PROGRAMMES
  • 22. SOFTWARE PATENTS 22 Operating Systems, File Systems Graphics and Windowing Systems Compilers and Simulators Cryptography and data compression ,Multimedia Word processors, Spreadsheets micro-blogging patents audio-video patents Webpage and web service patents XML patents Image processing patents
  • 23. Software patents  "patent on any performance of a computer realized by means of a computer program".  Patents granted to software programming techniques and computer-implemented inventions are generally grouped under the term software patents.  Only from 1981 in US software patents were allowed.  The patent was granted on August 17, 1966 in British for "A Computer Arranged for the Automatic Solution of Linear Programming Problems" (efficient memory management for the simplex algorithm) FIRST SOFTWARE PATENT 23
  • 24. SOFTWARE -INDIAN PATENT SCENARIO AND ISSUES  Section: 3(k) a mathematical or business method or a computer program per se or algorithms;  3(m) a mere scheme or rule or method of performing mental act or method of playing game;  software is different from other engineering and mechanical inventions.  Software technology is evolving much faster than other industries, the period of protection is longer.  Softwares, per se, are intangibles and not protected by patents, 24
  • 25. Software copyright law in India  Indian copyright act of 1957 is amended to extend its coverage to computer software also. Computer programs received statutory recognition as a `literary work'  India has one of the most modern copyright protection laws in the world.  Major changes to Indian Copyright Law introduced in June 1994 include :  the definition of computer program,  explains the rights of copyright holder,  position on rentals of software,  the rights of the user to make backup copies, and  punishment and fines on infringement 25
  • 26. Rights under copy right protection:  1) To reproduce the work in any material form including the storing of it in any medium by electronic means;  (2) To issue copies of the work to the public not being copies already in circulation;  (3) To perform the work in public, or communicate it to the public;  (4) To make any cinematographic film or sound recording in respect of the work;  (5) To make any translation of the work;  (6) To make any adaptation of the work;  (7) To do, in relation to a translation or an adaptation of the work any of the acts specified in relation to the work in the above;  (8) To sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer program. 26
  • 27. Patents V/s Copyright in software patents  Patent protection is much stronger whereas copyright protection is longer.  Patent law protects the functional elements. Copyright protects the form in i.e. originality of expression  In case of patents if different code achieve same function then it violates patent law.  Copyrights become effective the moment they are published whereas patents need to be registered.  Copyrights last for authors’ life plus 60 years whereas patents are granted for a period of 20 years in India. 27
  • 28.  No need to patent the same inventive concept for every invention, patenting once is enough. Whereas, copyright protection is effective for that creation only and needs registration/ publishment for all the other creations even though with same concept.  Patents provide much stronger protection to software.Development of software using known algorithm or logic but using different language is is a patent violation but not a copyright violation.  Under copyright laws, protection is available only to the form or expression of an idea and not to the idea itself.  algorithms are mere ideas and cannot be protected under the copyright law. 28 Patents V/s Copyright in software patents
  • 29. COMPUTER AIDED INVENTIONS/ FIELDS  e-commerce, e-gambling, e-banking, e-money, e-publishing  Computer aided design, computer aided management, computer aided monitoring, computer aided education, computer aided manufacturing, 29
  • 30. PROVISIONAL SPECIFICATION COMPLETE SPECIFICATION PUBLICATION REQUEST FOR EXAMINATION FIRST EXAMINATION REPORT RESPONDTO OFFICE ACTION FURTHER EXAMINATION REPORT WITHIN 12MONTHS FROM PROVISIONAL SPECIFICATION AFTER 18 MONTHS FROM PROVISIONAL WITHIN 48 MONTHS FROM THE PROVISIONAL WITHIN 6 MONTHS FROM THE DATEOF REQUEST WITHI 12MONTHS FROMTHE FER EARLY PUBLICATION (OPTIONAL) PRE GRANT OPPOSITION IF ANY 30
  • 31. 31

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