A patent is an exclusive right granted for an invention, which is
a product or a process that provides, in general, a new way of
doing something, or offers a new technical solution to a
problem. In order to be patentable, the invention must fulfil
Applied individually or jointly by inventor .
Tenure – 20 years
Necessity of Patent
Eligibility for Patent
Role of Patent in everyday life
The Patent system in India is governed by the Patents Act, 1970 (No 39 of 1970) & The
Patents Rules 1972, effective from April 20,1972. Subsequently The Patents Act, 1970 is
amended effective from January 1, 1995 & The Patents Rules, 1972 is amended effective
from June 2, 1999.
Membership of International Treaties
India is member of the following treaties governing patents:
Convention establishing World Intellectual Property Organization (WIPO)
Trips Agreement under the World Trade Organization.
Paris Convention for the protection of Industrial Property with effect from Dec. 7,
Patent Cooperation Treaty (PCT) with effective from Dec. 7, 1998.
Types of Patents
Application for Patent of Addition
National Phase Application under PCT.
Non Patentable Inventions
How is a patent granted?How is a patent granted?
• Request for examination
• Grant or sealing of patent
• Register of patents
• Rights of patentee
India simplifies Patent NormsIndia simplifies Patent Norms
• India notified patent rule(2005) to bring changes
To provide transparency
Simplify the procedure
• Following changes were made:-
Application to be mandatory published within 18months.
In case of request – published within 1 month
Definitive time frames have been prescribed
Referred to examiner – 1month of request
Issue of 1st
examination report – 6 months
Case studyCase study
Bajaj vs Tvs:-
• Introduction of case
• DTSi Debate between the two wheeler manufacturing giants.
• Role of Madras single bench high court.
• DTSi and CC-VTi technology.
• “No man can be condemned unheard”
Geographical indication includes any name, geographical or
figurative representation or any combination of them
conveying or suggesting the geographical origin of goods to
which it applies.
Procedure for registrationProcedure for registration
• Acceptance and publication
• Opposition, if any
TRIPS agreement on GI
Part II, Section 3, in Articles 22-24
• Article 22 legal opportunities in their own laws for the owner
of a GI registration.
• Article 22 governments may refuse to register a trademark or
may invalidate an existing trademark.
Article 23 the owners of GI the right, under their laws, to
prevent the use of a geographical.
Article 24 exceptions to the protection of geographical
indications that are particularly relevant for geographical
Protection Benefits on GIProtection Benefits on GI
Product Marketing Strategy
Adding More Value
Improving the Reputation
Action For Unfair Competition
GI InterestGI Interest
Rural employment created / stabilized
Local commodity chain strengthened
sustainable approach of territory
guaranteed quality for consumers
GI that cannot be enlisted :-
Indication that has become generic.
Indication likely to conflict with the name of a plant variety or animal breed
Case studies: Tequila (Mexico)Case studies: Tequila (Mexico)
Alcoholic beverage obtained through must by sugar extraction of the hearts
of blue agave
The Tequila mixto 49-51 with a proportion of 51% blue agave sugar and
49% of other sugar and the tequila 100%.
Due to agave shortage its quantity was reduced from 100%-70% which
was later reduced to 30% not accepted by Mexican government.
Under GI terms the product ingredients needs to be produced in the
territory of manufacturing Tequila.
This did not allowed the manufacturers to import blue agave which led
towards conflict among the manufacturers.
In 2006 modification of norms allowed manufacturing of flavoured
Also maturing of Tequila for atleast 3 years.
Valuable promoting tool
The reputation for local products
A trademark is a sign that individualizes the goods of a
given enterprise and distinguishes them from the goods of
Trademarks serve mainly three purposes:
Encourage the production of quality products.
Reduce the customer’s costs of shopping.
Help the customer to make decisions on purchasing products.
Promotes Economic Efficiency
Uniformity of Quality of products in market place.
Uniformity of quality of products in market place.
Trademarks reduce the customer’s cost and agony.
Types Of TrademarkTypes Of Trademark
Trademark registration requirementTrademark registration requirement
State trademark protection - used within the state.
Federal trademark protection- used interstate and international commerce.
Trademark is not Federally registered until the mark is actually used in
No time limit on filing a trademark application.
In case of Internet, URL(domain name) of website need to be register.
Infringement (section 29)Infringement (section 29)
If the Trade mark is not only deceptively similar to the trademark of other
company but also creating confusion for the customers.
Results in damage of business of company.
Statutory remedy is available for infringement .
The action for passing off is a common law remedy
Difference between infringement and passing-off.Difference between infringement and passing-off.
Statutory remedy is available for
It is necessary only to establish
that the infringing mark is
identical or deceptively similar to
the registered mark.
Registration is given only to a
particular category of goods
The action for passing off is a
common law remedy.
Need to prove, marks are identical
or similar, which is likely to cause
confusion and damage to the
business of the company.
Goods need not be same, they
may be related or even different.
New genres of trademarkNew genres of trademark
If you look at a credit card for instance, you will see a small image that
changes according to the angle from which you look at it
an advertising jingle can serve as a trademark
Trademarks Amendment Bill
It amends Trademark act, by Introduction of International Registrations .
Through International Bureau of World Intellectual Property
Section 11 of trademark act
Characteristics of Trademark
Apple” is a very distinctive trademark for a computer, because it has
absolutely nothing to do with computers, it would not be distinctive
for actual apples
Madrid protocol 36a.Madrid protocol 36a.