Intellectual Property Rights [Patent]

1
All Right Reserve © State Institute Of Design Lect. Anil Kumar (Textile Design)
Anil Kumar , Lecturer (Textile Design)
Pandit Lakhmichand State University of Performing & Visual
Arts , Rohtak
E-mail-anilvns143@gmail.com
Mobile no. +919729138649

2
Intellectual Property offices in India

3
o A patent is an exclusive right granted for an
invention.
o Invention can be a product or a process that provides
a new way of doing something, or offers a new
technical solution to a problem.
o A patent provides protection for the invention to the
owner of the patent.
o The protection is granted for a limited period,
generally 20 years.
[Territorial right (Patent act 1970)]
What is a patent?

4
Protection offered by Patents
o Patent protection means that the
invention cannot be
– commercially made
– Used
– distributed or
– sold
without the patent owner’s consent.
o Patent rights are usually enforced in
a court, which holds the authority to
stop patent infringement.
o A court can also declare a patent
invalid upon a successful challenge
by a third party.
o Patents provide
incentives to individuals
by offering them
– recognition for their
creativity and
– material reward for
their marketable
inventions.
o These incentives
encourage innovation,
which assures that the
quality of human life is
continuously enhanced.

5
Rights of a Patent owner
o A patent owner has the right to
– decide who may – or may not – use the patented invention for the
period in which the invention is protected.
– give permission or license to other parties - to use the invention on
mutually agreed terms.
– sell the right of the invention to someone else, who will then become
the new owner of the patent.
o Once a patent expires, the protection ends, and an invention enters the
public domain.
o The owner no longer holds exclusive rights to the invention, which
becomes available to commercial exploitation by others.

6
o Patented inventions used in every aspect of human life from
– Electric lighting (patents held by Edison and Swan)
– Plastic (patents held by Baekeland)
– Pallpoint pens (patents held by Biro)
– microprocessors (patents held by Intel).
o All patent owners are obliged, in return for patent protection, to publicly
disclose information on their invention in order to enrich the total body of
technical knowledge in the world.
o It is an ever-increasing body of public knowledge that promotes further
creativity and innovation in others.
o Patents provide not only protection for the owner but valuable information
and inspiration for future generations of researchers and inventors.
Role of Patents in everyday life

7
How is a Patent granted?
o The first step is the filing of a patent application.
o The patent application generally contains
– the title of the invention
– indication of its technical field
– the background and a description of the invention and
– enough detail to use or reproduce the invention.
– To describe it better, descriptions are usually accompanied by
visual materials such as
➢ Drawings
➢ plans or
➢ diagrams
– The application also contains various “claims”, i.e., information
which determines the extent of protection granted by the patent.

8
o Patents and patent applications published by many patent offices are
accessible on-line, thus making it easier to conduct prior art searches.
o A list of IP offices that have made their patent databases available online,
free-of-charge, may be found at: www.wipo.int/ipdl/en/resources/links.jsp.
o Most national patent offices offer patent search services for a fee.
o It is not easy to perform a high-quality patent search.
o Patent jargon is often complex and obscure and professional searching
requires considerable knowledge and expertise.
How and where can you conduct a prior art search?

9
o A Prior Art search is performed.
o A patent application has to be prepared and submitted to the relevant
national or regional patent office.
o The application will include
– a full description of the invention
– the patent claims that determine the scope of the patent applied for
– drawings and
– an abstract.
o Who will prepare the application?
The task of preparing a patent application is generally performed by a
patent attorney or agent who will represent your interests during the
application process.
How to apply for patent protection?

10
o Is there difference in procedure across
countries?
Note that there may be important
variations between countries and it
is always best to check with the
patent office of the relevant
country or a patent law firm in the
relevant country to obtain up-to-
date information on procedures
and applicable fees.
How to apply for patent protection?

11
o Patent protection should be applied for as soon as all the information
required for drafting the patent application is available.
o Reasons for ensuring that the application is filed early include the
following:
– In most countries worldwide patents are granted on a first-to-file basis.
– Filing an application early is important to ensure that you are the first
to file an application on that particular invention so that you do not
lose your invention to others.
– Applying for patent protection early will generally be useful if you are
seeking financial support or wish to license your invention to
commercialize it.
– Patent can be enforced only after it has been granted by the relevant
patent office, which is a procedure that may take a few years.
When should you file a patent application?

12
o Once you have filed your application in one country or region, you
normally have 12 months to file an application for the same invention in
all the countries of interest to your business in order to enjoy the benefit
of the filing date of your first application.
o This may be a problem if the costs of applying in various countries and
paying the maintenance fees are too high for your company.
o When deciding on the timing for filing a patent application, it is
important to bear in mind that the application should be filed before
disclosing the invention.
o Any disclosure before filing the application (e.g., for test-marketing, to
investors or other business partners) should be done only after signing a
confidentiality or nondisclosure agreement.
When should you file a patent application?

13
❖ The legislation of some countries provides a “grace period” of 6 or 12
months, from the moment an invention was disclosed by the inventor or
the applicant until the application is filed, in which the invention does not
lose its patentability because of such disclosure.
❖ A company may disclose its invention, for example by displaying it in a
trade show or publishing it in a company catalogue or technical journal,
and file the patent application within the grace period without the
invention losing patentability and being barred from obtaining a patent.
What is Grace period?

14
Patents Examples

15
Nike Vs Adidas
o CASE NAME : Nike Vs Adidas
o PLAINTIFF : Nike International Ltd. ("Nike")
o DEFENDANT : Adidas
o CAUSES OF ACTION : Patent Infringement
o TRIAL COURT : U.S. District Court for the Eastern District of
Texas.
o DATE : 17 Feb 2006

16
o The well known sports giant NIKE had invested heavily in its SHOX cushioning
technology, which debuted in the year 2000.Also it was protected by 19 separate patents.
o In spite of the fact that Nike had properly registered and patented its SHOX cushioning
technology, Adidas has indulged in the manufacturing and selling of shoes by refashioning
Nike’s technology. Adidas calls it as the a3 cushioning system
Inference:
o Since Nike has already patented its technology, Adidas had no right to use it and hence its
clearly a case of Patent infringement.
o Also, by manufacturing its products on Nike’s technology, Adidas has caused a damage to
the uniqueness of Nike’s footwear.
Nike Vs Adidas

Intellectual Property Rights [Patent]

Recommended

Recommended

More Related Content

What's hot

What's hot (20)

Similar to Intellectual Property Rights [Patent]

Similar to Intellectual Property Rights [Patent] (20)

More from Anil Kumar

More from Anil Kumar (20)

Recently uploaded

Recently uploaded (20)

Intellectual Property Rights [Patent]