intellectual property rights(patents)

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intellectual property rights(patents)

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intellectual property rights(patents)

  1. 1. NISHANT SINGH 128938
  2. 2.  legal concept which refers to creations of the mind for which exclusive rights are recognized.  owners are granted certain exclusive rights to a variety of intangible assets  Ex. musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs
  3. 3. Patents Geographical indications Copyrights Industrial designs Trade Marks
  4. 4. Granted as an exclusive right by the gov. Right to prevent third party Free to public after expiry
  5. 5. The first legislation in india relating to patents was the Act of VI of 1856. Objective: “ to encourage inventions of new and useful manufactures and to induce inventors to disclose secret of their inventions ”
  6. 6. Basic philosophy of the act “patents are granted to encourage inventions and to ensure that these inventions are worked on commercial scale without undue delay ”
  7. 7. Has been defined under the patents Act 1970 invention is defined as “ technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filling of patent application with complete application ”
  8. 8.  TRIPS agreement provides for a minimum term of protection of 20 years counted from the date of filling.  A comprehensive review of the Patents Act, 1970 was also madeand bill to amend the Patents Act, 1970 was introduced in Parliament on 20th December, 1999 and notified on 25-6-2002 to make the Patents law TRIPS compatible
  9. 9. inventiveness Novelty Usefulness
  10. 10.  Art  Process  Method or manner of manufacture  Machine  Apparatus  Substances produced by manufacture
  11. 11.  Discovery of scientific principle or formulation of an abstract theory.  Method of agriculture or horticulture.  Any process for medical, surgical, curative or other treatment of human beings.  Inventions relating to atomic energy
  12. 12.  Five years from the date of sealing of the Patent or seven years from the date of Patent, whichever period is shorter.  Twenty years from the date of Patent in respect of any other patentable invention.

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