Gives insight what exactly intellectual property rights are and brief you about procedure for filing indian patent

1. OVERVIEW OF INTELLECTUAL
PROPERTY RIGHTS (IPR) &
PATENT FILING PROCEDURE
Dr. Rudresh M
B.E, M.Tech, Ph.D.(Mechanical Engineering)
Assistant Professor
Department of Aeronautical Engineering
Dayananda Sagar College of Engineering
Bangalore, Karnataka.
E-mail: rudresh-ae@dayanandasagar.edu

2. 2

3. WE ARE IN COMPETITIVE WORLD
INNOVATION IS
THE KEY
3

4. WORLD ECONOMY:
THE PARADIGM SHIFT
Agricultural
Economy
Industrial
Economy
Knowledge
Economy
• Land
• Labour
• Capital
• Machinery
• Management
• Innovations
• Creating IP
• Protecting IP
4

5. What is Intellectual Property?
 Intellectual Property(IP) is a product of the mind and
human intellect.
 IP refers to creation of the mind, such as inventions;
literary and artistic works; designs; and symbols;
names and images used in commerce; culture and
heritage of region.
5

6. Why is intellectual property important?
 These products, “ideas”, “inventions” and
“creations” have commercial value-$$$€.
6

7. How can you protect your intellectual
property?
PATENTS
TRADE
MARKS
GEOGRAPHICAL
INDICATIONS
INDUSTRIAL
DESIGN
TRADE
SECRETS
IC LAYOUT
DESIGN
COPYRIGHTS
LITERARY
ARTISTIC
CINEMATOGRAP
HIC
ENGINEERING
DRAWING
NEW PLANT
VARIETY 7

8. An Example
Rubik's Cube
 Is/was it patentable?
 Can it be protected with trade mark?
 Copyright?
 Trade secret?
8

9. Rubik’s Cube
 Rubik's Cube is a 3-D combination puzzle invented
in 1974 by Hungarian sculptor and professor of
architecture Ernő Rubik.
 In the United States, Rubik was granted U.S. Patent
4,378,116 on 29 March 1983, for the Cube. This
patent expired in 2000.
 Rubik's Brand Ltd. also holds the registered
trademarks for the word "Rubik" and "Rubik's" and
for the 2D and 3D visualisations of the puzzle.
9

10. PATENT
 A patent is an exclusive right granted for an
invention, a product or process, that provides a new
way of doing something, or that offers a new
technical solution to a problem.
 Duration: 20 years (Renewal not possible)
10

11. An Example
Michael Jackson
11

12. Michael Jackson
12

13. Top 10 US Patent Holders
13
Dr. Mashelkar is probably best known to the common man through
his crusade against the US patents on turmeric, neem and basmati
rice. Arguing that the healing properties of turmeric are well known
as traditional knowledge in India, Dr. Mashelkar fought a 14 month
long legal battle to revoke the patent and emerged victorious. This
victory was so significant that it changed the way patents were
classified, and earned him the moniker of ‘The Warrior of
Haldighati’.

14. INDUSTRIAL DESIGN
 An industrial design refers to the ornamental or
aesthetic aspects of an article.
 Duration: 10 years (Renewal for 5 years only)
14

15. LAYOUT DESIGN OF INTEGRATED
CIRCUITS
 A layout design of an integrated circuit can be
protected if it is original in the sense that it is the
result of the creators own intellectual effort.
 Duration: 10 years
15

16. TRADEMARKS
 A trademark is a distinctive sign that identifies
certain goods or services produced or provided by an
individual or a company.
 Duration: Unlimited(Renewal after every 10 years)
 Trademarks protect the unique name, design, logo,
symbol or colors used by a business to identify their
products or services.
16

17. COPYRIGHT
 A copyright is a legal means of protection an author’s
work creative works such literary and artistic works,
music, computer programs, sound recordings and
films etc.
 Duration: Life time of author +60 years
17

18. GEOGRAPHICAL INDICATION
 Geographical Indications and appellations of origin
are signs used on goods that have a specific
geographical origin and possess qualities, a
reputation or characteristics that are essentially
attributable to that place of origin.
 Duration: Unlimited (Renewal after every 10 years)
Mysore Silk
Channapatna toys
18

19. PRESENT LEGAL SYSTEM
Patents: The Patents Act. 1970.
Design: A Design Act. 2000
Trade Marks: A new Trademarks Act , 1999
Copyright: The Copyright Act, 1957.
Layout Design of integrated Circuits: The Semiconductor
Integrated Circuit Layout Design Act 2000.
Geographical indications: The Geographical Indication of
Goods (Registration and Protection) Act 1999.
Plant Variety Protection and Farmers Rights Act 2001
The Controller of Patents, Design and Trade Mark(CGPDTM)
under the dept. of Industrial policy and promotion, Ministry of
Commerce and Industry is administrating the laws.
19

20. PATENTING PROCEDURE IN INDIA
Filing an application with provisional/complete specification to claim the
priority
Publication of application in Indian Patent Journal on completion of 18
months
Request for examination to be made within 48 months
Examination of application
Examination report/objections to be communicated to applicant
Reply of examination report/objections to be submitted by applicant with
necessary changes
Grant or Rejection of application
20

21. 21
Filing an application with provisional/complete specification to claim the
priority
 Title of Invention
 Abstract
 Field of Invention
 Background and Prior Art
 Objects of the Invention
 Summary of the Invention
 Brief Descriptions of Drawings
 Detailed Description of the Preferred Embodiments
 We Claim
 Drawings

22. OFFICIAL WEBSITE OF IP INDIA
22www.ipindia.nic.in

23. 23

24. 24Login through Digital Signature/Password

25. 25Select form – New application/examination…

26. 26

27. 27

28. 28Fill the details

29. 29

30. 30

31. 31

32. 32

33. INDIAN PATENT JOURNAL
33
Publication of application in Indian Patent Journal on completion of 18
months

34. 34Time for Publishing: 18 Months (Early Publication-Charges Apply)

35. 35
Design

36. Request for examination to be made within 48 months
36
By the Applicant or
Interested Person

37. Examination of application
Examination report/objections to be communicated to applicant
Reply of examination report/objections to be submitted by applicant with
necessary changes
Grant or Rejection of application
37

38. 38
Grant or Rejection of application

39. PATENT SEARCH TYPES
 Novelty Search/Patentability Search
 State of Art Search (To get an overview of advancement in your field)
 Invalidity Search
 Freedom To Operate Search (Infringement Analysis)
 Landscape Search (Comphrensive search for patents in a given
technical discipline)
 Assignment Search (transfer all or part of their right)
39

40. NOVELTY SEARCH
 Looks for all the prior arts relevant to the invention.
 Not restricted to claims of prior arts.
 Any part of the complete specification can kill
novelty of invention.
 Non patent literature, launched products also
included.
 Should be done at multiple stages of research.
 To be done by an IP professional before filing patent
application.
40

41. HOW TO GO ABOUT A SEARCH
PROBLEM
DEFINITION
• Understand the invention under consideration
• Understand the problem statement or purpose of search
SEARCH
STRING
• Depending on the purpose of search formulate a search string using keywords
• Use synonyms from dictionary
• First make broad search and then narrow down to filter out extra information
SCREENING
OF
DOCUMENTS
• Read the abstract, problem solved, claim of the patent literature
• May find some synonyms while reading
• See drawings also
41

42. SEARCH DATABASES
 Espacenet (Europian Patent Office Search Tool)
 WIPO (World Intellectual Property Organization)
 Google Patents
 USPTO (Unitde States Patent & Trademark Office)
 InPASS (Indian Patent Information)
 Other countries own patent databases.
42

43. 43

44. 44