Prelude: Intellectual Property Rights (IPRs) create a legal right and the most common IPRs inter alia include trade marks, copyrights, patents and designs. In this webinar series, an overview of various IPRs in India, concepts and procedural aspects will be covered. This series will further provide an insight on protection and enforcement of IPRs. Key Takeaways: - IPRs in India - Patents - history & significance - Patent office & officers

1. IPR and introduction to
Patents Act, 1970
CS Meenakshi Jayaraman

2. Research Credits
Iswariya BS
Hari Saanthosi R

3. Legends Used
IP Intellectual Property
IPR Intellectual Property Rights
NRI Non-Resident Indian
PIS Patent Information System
TRIPS Trade Related aspects of Intellectual Property Rights
WIPO World Intellectual Property Organisation

4. Presentation Schema
IPRs in India History of Patent Act What is Patent?
Inventions not Patentable Patent office and officers Statistics

5. IPRs in India

6. IPRs in India
India has introduced various IP laws starting from the year 1856 to encourage
the innovations
Being a party to the TRIPS agreement, many new legislations were also
formed for IPs to meet the obligations internationally
IPR Policy, 2016 was introduced by the Government to promote, increase
awareness about and enforce IP in India
• WIPO defines IP as – IP refers to creations of the mind, such as inventions;
literary and artistic works; designs; and symbols, names and images used in
commerce

7. IP offices
Source: IP India

8. IP applications in India
Source: IP India and PPVFRA
42,763
9,327
210,501
47
2,251
46,904
11,108
283,060
14
2,174
45,444
10,213
278,170
32
16,617
0
3,569
47,854
11,837
272,974
38
17,841
2
1,187
50,659
12,585
323,798
32
18,250
0
592
0 50,000 100,000 150,000 200,000 250,000 300,000 350,000
Patent
Design
Trade Mark
Geographical indication
Copyrights
Semiconductor Integrated Layout: Designs (SCILD)
Protection of Plant Varieties and Farmers’ Rights
2018-19 2017-18 2016-17 2015-16 2014-15

9. Various IPRs in India

10. Various IPRs in India
• For new product /
process involving an
inventive step and
capable of industrial
application
Patent
• A mark which
distinguishes the
goods or services of
one person from
other
Trademark
• Original literary,
dramatic, musical,
artistic works
• Cinematograph films
• Sound recording
Copyright
• Features of shape,
configuration,
pattern, ornament or
composition of lines
or colours applied to
any article
Design
• An indication which
identifies the
category of goods
and its place of origin
or manufacture
Geographical
Indication
• New varieties
of plant
Protection of Plant
Varieties and
Farmers’ Rights
• Products having transistors
or other circuitry elements
which are inseparably
formed on a material and a
layout of transistors and
lead wires connecting such
elements
Semi Conductor
Integrated Circuits
Layout Design

11. History of Patent Act

12. History of Patent Act
1856: Indian
Patents Act
was
introduced
1872: The
Patterns and
Designs
Protection Act
was
introduced
1949: After
independence, it was felt
that the existing law was
not fulfilling its objective,
thus a committee was
formed to review the
patent law in India
1965: Patents Bill
was introduced
1970: The Patents
Act was passed
1911: Indian
Patents and
Designs Act was
introduced by
replacing all the
laws in force

13. What is Patent?

14. Patent is an IPR given to the Patentee for discovering a new product or new process
Patent
This right prevents 3rd party
- In case of product from making, using, offering for sale, selling or importing for
those purposes that product in India
- In case of process from the act of using that process, and from the act of using,
offering for sale, selling or importing for those purposes the product obtained
directly by that process in India

15. Rationale for Patent Law
To encourage creation and innovation
Granting the inventors a monopoly for their inventions
for a certain period
For progressive human attitude
To avoid IP theft or misuse of someone’s invention

16. Inventions not Patentable

17. Inventions not Patentable
Which is contrary to the well established natural laws / public order / morality
Discovery of scientific principle / living / non-living substance occurring in nature
Method of agriculture / horticulture
Any medical process / treatment for human beings / animals which render them free of disease or
to increase their economic value or that of their products
Biological processes for production or propagation of plants and animals
A mathematical / business method / a computer programme / algorithms
Literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including
cinematographic works and television productions
Mere scheme or rule or method of performing mental act or method of playing game
Presentation of information
Topography of integrated circuits
Inventions relating to atomic energy
Patents will not be granted to the following inventions (in brief) :

18. Patent office and officers

19. Patent office and officers
Authority: Controller General of Patents, Designs and Trade Marks
Patent office and its branches: Will be situated in such place and in such name
as the Central Government decides
Employees of Patent office are restricted to any right / interest in Patents (except by
way of inheritance / bequest)

20. Patent offices
Head Office:
Kolkata
Branch office:
Mumbai,
New Delhi and
Chennai
Generally
Place where
the applicant
resides
Applicant’s
domicile
Applicant’s
place of
business
Place of origin
of the
invention
If the applicant
falls in either of
the below criteria
A NRI
Has no
domicile
Has no place
of business in
India
Territorial jurisdiction for filing Patent
application:
• The address for
service in India /
place of business of
his patent agent
Will determine
the appropriate
Patent office

21. Statistics

22. Comparative analysis
Source: IP India
42,763 46,904 45,444 47,854 50,659
0
100,000
200,000
300,000
400,000
500,000
600,000
2014-15 2015-16 2016-17 2017-18 2018-19
Patents filed in India
Source: WIPO
530,659 522,064 525,467 515,209 521,145
53,364
0
53,825 56,226 54,762
175,418 177,176 176,406 180,091 178,184
0
100,000
200,000
300,000
400,000
500,000
600,000
2015 2016 2017 2018 2019
Patents filed in foreign countries
USA UK GERMANY

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