IPR Copyrights Trademarks

1. PATENTS
COPYRIGHT
TRADEMARKS
PRESENTED BY:
Dr. Kavita
Assistant Professor, MMCP, Ambala

2. Intellectual Property Rights:
 Intellectual Property Rights are statutory rights once
granted allows the creator(s) or owner(s) of the intellectual
property to exclude others from exploiting the same
commercially for a given period of time.
 It allows the creator(s)/owner(s) to have the benefits from
their work when these are exploited commercially.
 IPR are granted to an inventor or creator, designer in lieu of
the discloser of his/her knowledge.

3. WHAT ARE INTELLECTUAL PROPERTY RIGHTS
• Creation of the mind such as inventions, literary and
artistic work, symbols, names, images used in commerce
• Catalyst for economic development and social and
cultural well-being
• Strike a balance between the interest of innovators and
the public at large
• Protected by law
OBJECTIVE OF INTELLECTUAL PROPERTY RIGHTS
UNDER TRIPS AGREEMENT
• Promotion of technological innovation
• Transfer and dissemination of technology to the mutual
advantage of producers and users
• In a manner conducive to social and economic welfare
• And to a balance of rights and obligations

4. PATENTS
What is a patent?
Patent is a grant for an invention by the government to the
Inventor in exchange for full disclosure of the invention to debar
others to exploit the invention for commercial success for a
limited period within the geographical boundaries.
Advantages:
 Scientific & technological knowledge not kept secret.
 Publication of details stimulates other inventive minds.
 Rewards the inventive mind by giving the patentee a
legal monopoly to make use of his invention to his
economic benefit.
Each country has its own patent laws and one must file
application in each country where the patent protection is
sought.

5. Laws andRegulations in India
Patents Act, 1970
Amended in
 1999
 2002
 2005
Patents Rules,
2003
Amended in
 2005
 2006

6. What is an INVENTION?
An invention must relate to a PROCESS or PRODUCT or both and satisfy the
following conditions:
• Must not be published previously.
• Must not be in prior public knowledge or
prior public use.
NOVELTY
• It must involve an inventive step not
obvious to a person skilled in the art.
INVENTIVENESS/
NON OBVIOUSNESS
• Must be capable of being made or used in
any industry.
• Patent not granted for an invention devoid
of utility.
INDUSTRIAL
APPLICATION

7. What CAN’T be patented?
Frivolous inventions & inventions contrary to well established natural laws
• Machines that give more than 100% performance
Intended use of invention is contrary to law/morality or injurious to public health
• Gambling machine
• Device for house breaking
• Biological warfare material, weapons of mass destruction
Laws of nature/Mere discovery of scientific principles/Formulation of abstract theory.
• Wind, gravity, Newton’s laws, Raman effect
Discovery of any living or non living substance occurring in nature
• Discovery of microorganisms
• Discovery of natural gas or a mineral

8. What CAN’Tbe patented?
Substance obtained by mere admixture (Only aggregation of properties)
• Combiflame [Paracetamol (Antipyretic) + Ibrufen (analgesic)]
• However, synergistic formulations are patentable.
Mere arrangement or rearrangement of known devices .
• A clock and radio in single cabinet.
Mere discovery of any new property or new use for a known substance or of the mere
use of a known process, machine or apparatus, unless such known process results in a
new product or employs at least one new reactant.
• New use of Asprin for heart ailments
• Mere new uses of Neem.
Inventions relating to atomic energy

9. Stages : FromFiling To Grant Of Patent
File an application for patent
With one of the patent offices based on territorial jurisdiction of the place of
office or residence of the applicant /agent.
Pay the required fee.
Information concerning application form and details of fee available at
www.ipindia.nic.in

10. PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
Revocation/Amendment
POST GRANTOPPOSITION
PROMPTLY AFTER 18 MONTHS
WITHIN 48 MONTHS
ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
IF P.S. IS FILED C.S. TO BE FILED WITHIN 12MONTHS
WITHIN 12 MONTHS
FILING OF APPLICATION
(Provisional / Complete Specification)
Decision of Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board

11. Publication
Application is
kept secret for
a period of 18
months from
the date of
filing
In 19th month,
the application
is published in
the official
journal– this is
made available
on the website
weekly
Applicant has
an option to
get his
application
published
before 18
months.
In that case,
application is
published
within one
month of the
request

12. Examination
Application is sent
to an examiner
within 1 month
from the date of
request for
examination
Examiner
undertakes
examination with
respect to :
Whether the claimed invention is
not prohibited for grant of patent
Whether the invention meets the
criteria of patentability

13. Issue Of FER & Applicant’s response
• A period of 1 to 3 months is available to examiner to submit the report
to the Controller
• 1 month’s time available to Controller to vet the examiner’s report
• First Examination Report (FER) containing gist of the objections is
issued within 6 months from the date of filing of request
• 12 months’ time, from the date of issue of FER, is available to the
applicant to meet the objections
• If objections are met, grant of patent is approved by the Controller –
within a period of 1 month

14. Grant of Patent In India
Revocation Of Patent
Patent Term
Once approved, a certificate of patent is issued within 7 days.
Grant of patent is published in the official journal.
Any patent which is granted will be valid for a maximum term of 20 years
from the date of filing or priority, whichever is earlier.
However, to keep the patent active for the said 20 years, the patent should be
renewed every year.
Revocation of patent is cancellation of the patent grant.
Once the patent is granted by the controller, if any person desires to cancel
the patent then he has to file a revocation petition before the High Court.
The grounds for such a petition have been mentions under Section 64 of
Patents Act

15. Renewal Fee
To be paid within 3+6 months from date of recording in the
register [sec 142 (4) ].
No fee for 1st and 2nd year.
Renewal fee, on yearly basis, is required to be paid for 3rd to
20th for keeping the patent in force.
Delay upto six months from due date permissible on payment of
fee for extension of time .
 Patent lapses and becomes public property if renewal fee is
not paid within the prescribed period. Thereafter, it cannot be re-
patented as novelty of invention is lost.

16. Infringement
An infringement may
occur where the
accused infringer has
made, used, sold,
offered to sell, or
imported a patented
invention without the
consent of the owner.
A patent is infringed
even if it infringes a
single independent
claim in a patent.

17. TYPES
OF
INFRINGEMENT
INDIRECT
DIRECT
To make, use, or sell the
patented invention without
permission from the
patentee.
To actively encourage
another to make, use, or sell a
patented invention without
permission.
CONTRIBUTORY
INDUCED
Knowingly sell or supply a part
or
component of the patented
invention to another.
Act of actively inducing
another to infringe a patent.

18. Is It Possible To Get a World Wide Patent?
In the current state of the international patent system, no.
There is no one patent that covers every country in the world, or even a
large number of the countries of the world. The patent system is still a
territorial system; in order to be protected in a particular country, you
have to be granted a patent in that country.
However, there is an international agreement administered by WIPO
called the Patent Cooperation Treaty (PCT), for the filing, searching,
publication and examination of international applications. The PCT
makes it easier to obtain patents in the Contracting States by providing
for the filing of one international application, which may be
subsequently prosecuted in the different designated national or
regional Offices of States party to the PCT. However, even under the
PCT, the granting of patents is left to those designated Offices.

19. COPYRIGHT
Copyright may be applied to
Literature –
•Fiction and non-fiction, books and journals
Artistic works
Music
Broadcasts
Internet content
It gives the author or artist control over the use
and publication of their material.
It confers both economic and moral rights.

20. Cannot Copyright
Titles, names, short phrases, and slogans; familiar
symbols or designs; mere listings of ingredients or
contents
Ideas, procedures, methods, systems, processes,
concepts, principles, discoveries, or devices
Standard calendars, height and weight charts, tape
measures and rulers, and lists or tables taken from
public documents

21. Copyright Criteria
•ORIGINAL WORK IN TANGIBLE MANNER.
•NOTHING TO DO WITH QUALITY.
•AUTHORS UNIQUE EXPRESSION.
•NO COPYRIGHT OF IDEA ONLY EXPRESSION.

22. Infringement
Copyright infringement (or copyright violation) is
the unauthorized or prohibited use of works
covered by CopyrightsAct,1957(Amendedin1999)
Three elements that must be in place in order for
the infringement to occur.
1.The copyright holder must have a valid
copyright.
2.The person who is allegedly infringing must
have access to the copyrighted work.
3.The duplication of the copyrighted work must
be outside the exceptions.

23. TRADEMARKS
A trademark is a type of
intellectual property.
Typically a name, phrase
word, logo, symbol, design,
image and a combination of
these elements that
distinguish & identify good
from others.

24. Laws and Regulations in India
TRADE MARKS
ACT
1999
TRADE MARKS
RULES
2000

25. Symbols For Trademark
BEFORE
REGISTRATION
AFTER
REGISTRATION

26. Procedure For Registration

27. Examples Of Trademarks

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