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Introduction to IPR, Patent and Design
1. PRESENTED BY
Dr.K.JEYAKUMAR
PRINCIPAL, SCAD COLLEGE OF ENGINEERING & TECH.
& GENERAL MANAGER (D)
SCAD GROUP OF INSTITUTIONS
INTRODUCTION:
INTELLECTUAL PROPERTY RIGHTS,
PATENT & DESIGN SYSTEM
IN INDIA
April 7, 2019
SCAD GROUP OF INSTITUTIONS
1
9. INNOVATION GROWTH IN INDIAINNOVATION GROWTH IN INDIA
April 7, 2019 SCAD GROUP OF INSTITUTIONS 9
Source: WIPO
10. INNOVATION GROWTH IN CHINAINNOVATION GROWTH IN CHINA
April 7, 2019 SCAD GROUP OF INSTITUTIONS 10
Source: WIPO
11. April 7, 2019 SCAD GROUP OF INSTITUTIONS 11
STATISTICS - PATENT FILED & GRANTEDSTATISTICS - PATENT FILED & GRANTED
IN TAMIL NADU ENGINEERING COLLEGESIN TAMIL NADU ENGINEERING COLLEGES
Source: CIPR, AU, Chennai
12. GROWTH IN PUBLICATIONSGROWTH IN PUBLICATIONS
April 7, 2019 SCAD GROUP OF INSTITUTIONS 12
2005 – 12th
Rank
2013 – 6th
Rank
2015 onwards – 1st
According to GDP per Capita
Source: https://www.globalinnovationindex.org/
13. INDIAN INDUSTRIES –INDIAN INDUSTRIES –
RESEARCH AND INNOVATION LINKAGERESEARCH AND INNOVATION LINKAGE
April 7, 2019 SCAD GROUP OF INSTITUTIONS 13
Tata Group – Daring to Try
Mahindra – 1 Million USD
Ranbaxy
Birla Awards
Sun Pharmaceutical
IRD, India
Biocon
CII
PDP – Petrochemical and Downstream Plastics
14. IP - Intellectual Property is the creation of the mind
IPR –Body of Law developed to protect Creative PeopleApril 7, 2019 SCAD GROUP OF INSTITUTIONS 14
15. FORMS OF IPRFORMS OF IPR
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16. INDUSTRIAL PRODUCTINDUSTRIAL PRODUCT
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Constructional
features
Catalogue/Booklet Name/Logos
PatentRight
Design
TradeM
arks
Copy
Right
17. VALUVATION OF IPRVALUVATION OF IPR
• MERCEDES BENZ S CLASS – 340
DESIGN PATENTS
• GILLETTE MACH 3
Is Protected by 35 PATENTS
• COKE
TM Worth $33 billion
April 7, 2019 SCAD GROUP OF INSTITUTIONS 17
18. PATENT SYSTEM IN INDIA
April 7, 2019 SCAD GROUP OF INSTITUTIONS 18
19. PATENT – HISTORY IN INDIAPATENT – HISTORY IN INDIA
History
The Patent Law of 1856
The Patent and Designs Act, 1911.
The Patents Act, 1970 and Rules 1972
The Patent Amendment act 2015
The Indian Patent Act
• Grant of patents is governed by Patent Act 1970 and Rules 1972.
• Operative for the whole India.
April 7, 2019 SCAD GROUP OF INSTITUTIONS 19
20. PATENTS
• Patents are granted for Inventions.
• Exclusive Rights granted by the Government to the
Inventor(s)
– For making, using and selling the patented invention
– Prevent others from doing so, for a limited period of time.
• In exchange of full disclosure of the Invention
• Territorial Right. Term of protection is 20 years.
• Governed by the Indian Patent Act 1970.
April 7, 2019 SCAD GROUP OF INSTITUTIONS 20
22. April 7, 2019 SCAD GROUP OF INSTITUTIONS 22
Thomas Alva Edison sold his first
invention – an non-patented stock
quotation printer –for $40,000.
He used this money to start a lab that
led to 1,093 Patented Inventions,
One of which helped the installation of
the world’s first large central – electric
power station in New York by the
Edison General Electric Co., today’s
GE.
EXAMPLESEXAMPLES
23. April 7, 2019 SCAD GROUP OF INSTITUTIONS 23
Alexander Graham Bell Patented the
Telephony System in 1876.
Elisha Grey –Patent Race– Patent War
In 1877, two businessmen financed
him to create Bell Telephone Co. that
later became AT&T.
EXAMPLES …EXAMPLES … contd.contd.
24. • Konosuke Matsushita who never
got beyond elementary school was a
diligent inventor. He founded
Matsushita Group (Panasonic)
• Masaru Ibuka: Co-founder oF
SONY.
- 50 Patents
- 53 Utility Model Registration
April 7, 2019 SCAD GROUP OF INSTITUTIONS 24
EXAMPLES …EXAMPLES … contd.contd.
25. INVENTION, WHAT IS IT ?
“Invention” means a new product or process
involving an inventive step and capable of
industrial application.
An invention is nothing more than a “Solution
to a Problem”.
If you have solved a problem – you have made
an invention.
April 7, 2019 SCAD GROUP OF INSTITUTIONS 25
26. INDUSTRIAL APPLICATION:
Any one can invent
Solve the technical problems in your field.
YES !!!!
April 7, 2019 SCAD GROUP OF INSTITUTIONS 26
27. FIELD OF INVENTION
Invention can take place in any field,
Mechanical
Electrical
Communications
Biotechnology
Nanotechnology
Ayurveda and Siddha….
April 7, 2019 SCAD GROUP OF INSTITUTIONS 27
Invention can occur from “Safety Pin to Satellite”
28. SIMPLE INVENTIONS--HUGE PROFITS!!SIMPLE INVENTIONS--HUGE PROFITS!!
• PAPER CLIPS
400 Paper Clip Patents Valued
$80m.
• SCOTCH TAPES
• ZIPPER
April 7, 2019 SCAD GROUP OF INSTITUTIONS 28
38. PUBLISHING
Publish in newspapers, media,
journals, magazines, websites, etc.
Get publicity if the published invention
is interesting.
If you file the patent application after
publishing, you will not get patent
right.
April 7, 2019 SCAD GROUP OF INSTITUTIONS 38
39. PATENTING
First file the patent application in
Patent Office.
Publish after filing the patent
application.
Patent office also publish your
invention in their journal.
Both publicity and monetary reward
through patents.
April 7, 2019 SCAD GROUP OF INSTITUTIONS 39
45. TRADITIONAL TRADEMARKS - EXAMPLES
Device
Brand
Signature
Label
Name
Words
Letter
Slogans JUST DO IT
Combination of
Letter and Design
Logo
April 7, 2019 SCAD GROUP OF INSTITUTIONS 45
46. April 7, 2019 SCAD GROUP OF INSTITUTIONS 46
EXAMPLES OF DECEPTIVE SIMILARITY
47. April 7, 2019 SCAD GROUP OF INSTITUTIONS 47
EXAMPLES OF DECEPTIVE SIMILARITY….Contd.
48. April 7, 2019 SCAD GROUP OF INSTITUTIONS 48
EXAMPLES OF DECEPTIVE SIMILARITY….Contd.
49. IF YOU DESIGNED A LOGO, FILEIF YOU DESIGNED A LOGO, FILE TRADEMARKTRADEMARK
April 7, 2019 SCAD GROUP OF INSTITUTIONS 49
51. What is an Industrial Design?
• A system to offer protection to the ideas of the designing
community.
• Any new or original idea applied to an article whose
pattern, shape or configuration makes an appeal to the
eye forms an industrial design.
• Protection of an Industrial Design is governed by the
Designs Act of 2000.
April 7, 2019 SCAD GROUP OF INSTITUTIONS 51
54. IF YOU HAVE A DESIGN WHICH IS ATTRACTING, FILEIF YOU HAVE A DESIGN WHICH IS ATTRACTING, FILE
INDURSTAIL DESIGNINDURSTAIL DESIGN
April 7, 2019 SCAD GROUP OF INSTITUTIONS 54
56. April 7, 2019 SCAD GROUP OF INSTITUTIONS 56
TRADE SECRETTRADE SECRET
Any confidential business information
which provides an enterprise a
competitive edge may be considered a
trade secret.
Formula
Practice
Process
Design
Instrument
Pattern
or compilation of information which is not
generally known or reasonably ascertainable,
by which a business can obtain an economic
advantage over competitors or customers.
57. April 7, 2019 SCAD GROUP OF INSTITUTIONS 57
TRADE SECRET- EXAMPLETRADE SECRET- EXAMPLE
60. THE PATENTS ADD FUEL OF INTEREST TO THETHE PATENTS ADD FUEL OF INTEREST TO THE
FIRE OF GENIUSFIRE OF GENIUS
(Abraham Lincoln, Former US President)(Abraham Lincoln, Former US President)
April 7, 2019 SCAD GROUP OF INSTITUTIONS 60