IP Kno wle dg e
Manag e m e nt
Er. Ashok Bharimalla
CPI-ZTM-BPD
Officer-in-Charge- ITMU, CIRCOT
Saturday, July 6, 2013
Types of properties:
Saturday, July 6, 2013
TRADEMARK
Brand Name
Subject Matter of
TradeMark
Auto-Focus Mechanism
Subject Matter of Patent
PATENT
DESIGNS
External App...
Difference Between Discovery &
Invention
Discovery is the
Coming across of
things that are
already existing
*Watson & Cric...
WHAT IS PATENTABLE INVENTION?
Technical advancement and economic significance over existing
technology are the added desir...
Advantages of patents……
 Promotes inventiveness by ensuring adequate
returns to the investment made
 Avoids duplication ...
PATENTS……
Patents are legal monopoly rights
granted, by the government, to the
applicant, for new Inventions (process or
p...
What is the object of the patent law?THE OBJECT OF THE PATENT LAW IS:
To provide a statutory right to owner of the patent...
What can not be patented?
 Anything injurious to public health.
 Mere arrangement or rearrangement or
duplication of kno...
Contd…….
Schemes, rules or methods for performing mental acts
like playing games or doing business
Presentation of infor...
Procedure for registration of patents (in brief)
Approval
Saturday, July 6, 2013
Types of Applications…..
Provisional Application
• Filed to secure the priority rights
• Filed as soon as you have rough d...
GENERAL PRECAUTIONS FOR APPLICANT
 Patent application should be filed promptly after
conceiving the invention
 Publicati...
TERM AND DATE OF PATENT
According to the section 53 of the patent act,
term of every patent will be 20 years from the
dat...
Type of Document Form
 Covering letter- indicating the list of documents
 Requisite Statutory fees (cheque / DD)
 Appli...
APPROPRIATE OFFICE FOR FILING
PATENT APPLICATION
Locations:
The patent office, under
the ministry of Commerce
& Industry, ...
RIGHTS OF THE PATENTEE
To exploit the patent
To licence/assign the patent to others
To surrender the patent
To see for...
How does a patent expire?
A patent can expire in following ways:
 The patent has lived its full term
 The patentee has f...
Fees
On the grant of a patent
the application will be
accorded a number, called
serial number in the series
of numbers acc...
RENEWAL FEE
 To keep the patent in force, Renewal
fee is to be paid every year. The first
renewal fee is payable for the ...
Trade Marks….
A trade mark is a distinctive sign
or indicator of some kind which is
used by an individual or business
orga...
Advantages of Trade Mark
A trademark enables a customer to
distinguish the product of one manufacturer
from the other.
T...
What Can be a Trade Mark?
A trade mark can comprise a name,
word, phrase, logo, symbol, design,
image, or a combination of...
Well known Trade Marks…….
Coca Cola for soft drink
Toblerone Triangular shaped chocolates
Saturday, July 6, 2013
Cond….
Furniture, Refrigerators, Storewell etc.
Bulbs
Saturday, July 6, 2013
Term of Trade Mark
The term of a trademark is ten (10)
years from filing date.
It can be renewed further after every
ten...
Thank you!
Saturday, July 6, 2013
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Kairon

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Kairon

  1. 1. IP Kno wle dg e Manag e m e nt Er. Ashok Bharimalla CPI-ZTM-BPD Officer-in-Charge- ITMU, CIRCOT Saturday, July 6, 2013
  2. 2. Types of properties: Saturday, July 6, 2013
  3. 3. TRADEMARK Brand Name Subject Matter of TradeMark Auto-Focus Mechanism Subject Matter of Patent PATENT DESIGNS External Appearance of Camera Subject Matter of Design. Saturday, July 6, 2013
  4. 4. Difference Between Discovery & Invention Discovery is the Coming across of things that are already existing *Watson & Crick discovered DNA chain An invention is something which has been created by Someone *Marconi invented radio Saturday, July 6, 2013
  5. 5. WHAT IS PATENTABLE INVENTION? Technical advancement and economic significance over existing technology are the added desirable features Saturday, July 6, 2013
  6. 6. Advantages of patents……  Promotes inventiveness by ensuring adequate returns to the investment made  Avoids duplication of research  Keeps abreast with latest Development in Technology  Improve existing technology to produce cheaper & better products Saturday, July 6, 2013
  7. 7. PATENTS…… Patents are legal monopoly rights granted, by the government, to the applicant, for new Inventions (process or product) employing scientific & technical knowledge, for a limited period of time (20 yrs.). Patent is valid within the country of grant Saturday, July 6, 2013
  8. 8. What is the object of the patent law?THE OBJECT OF THE PATENT LAW IS: To provide a statutory right to owner of the patent for a certain period of time to stop others from using, selling or working out his invention, and exploit it commercially To disclose, make use or vend an invention, thus encourage scientific research and generation of new technologies To stimulate new inventions of commercial utility and To pass invention into public domain after the expiry of the fixed period of the monopoly. Saturday, July 6, 2013
  9. 9. What can not be patented?  Anything injurious to public health.  Mere arrangement or rearrangement or duplication of known devices  A method of agriculture or horticulture.  Inventions related to atomic energy.  Computer software  Aesthetic creations  Discoveries, scientific theories, mathematical methods Saturday, July 6, 2013
  10. 10. Contd……. Schemes, rules or methods for performing mental acts like playing games or doing business Presentation of information Methods of treating humans or animals through surgery, or therapeutically diagnostics Animals and plants, and biological methods for rearing/growing them(however, microorganism is patentable in India) Products made by chemical synthesis foods, medicines Saturday, July 6, 2013
  11. 11. Procedure for registration of patents (in brief) Approval Saturday, July 6, 2013
  12. 12. Types of Applications….. Provisional Application • Filed to secure the priority rights • Filed as soon as you have rough draft of your invention • Do not contain any claims and are easier to draft • Provide just the basic details of invention and the novelty without providing much details on implementation part. • Provisional applications are never published and are never granted. These never come to public domain Complete Specification Application • Much enhanced version of the Provisional application to be filed within 12 months from the filing of provisional application (can also be filed directly without filing provisional) Saturday, July 6, 2013
  13. 13. GENERAL PRECAUTIONS FOR APPLICANT  Patent application should be filed promptly after conceiving the invention  Publication or exhibiting an invention, even by the inventor himself, would result in non grant of patent  Do not wait until the inventions are fully developed for commercial application Saturday, July 6, 2013
  14. 14. TERM AND DATE OF PATENT According to the section 53 of the patent act, term of every patent will be 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification. Date of patent is the date on which the application for patent is filed Saturday, July 6, 2013
  15. 15. Type of Document Form  Covering letter- indicating the list of documents  Requisite Statutory fees (cheque / DD)  Application for Grant of Patent Form 1 in triplicate [section 7, 54 & 135 and Rule 20(1)]  Complete/Provisional specification in Form 2 in triplicate [Section 10; Rule 13]  Statement and Undertaking Form 3 [Section 8; Rule 12]  Declaration of Inventor-ship Form 5 (only in case of an Indian Application (Rule 4.17)  Power of Attorney (if filed through attorney) Form 26 (in original) (Rule 3.3 (a) (ii)) Saturday, July 6, 2013
  16. 16. APPROPRIATE OFFICE FOR FILING PATENT APPLICATION Locations: The patent office, under the ministry of Commerce & Industry, has been established to administer the various provisions of the patent law relating to the grant of patents official website: http:/patentoffice.nic.in West region Mumbai East region Kolkata North region Delhi South region Chennai Saturday, July 6, 2013
  17. 17. RIGHTS OF THE PATENTEE To exploit the patent To licence/assign the patent to others To surrender the patent To see for the infringement of the patent Saturday, July 6, 2013
  18. 18. How does a patent expire? A patent can expire in following ways:  The patent has lived its full term  The patentee has failed to pay the renewal fees  The validity of the patent has been successfully challenged by an opponent As soon as the patent expires, it pass to the general public domain and now anybody can use it without the permission of the inventor Saturday, July 6, 2013
  19. 19. Fees On the grant of a patent the application will be accorded a number, called serial number in the series of numbers accorded to patents under the Indian Patents and Designs Act, 1911(2 of 1911) Particular Natural person (Rs) Other than natural person (Rs) For filing patent application 1000 4000 For each sheet of specification in addition to 30 100 400 For each claim in addition to 10 200 800 for Request of Publication 2500 10000 for Request for Examination 2500 10000 Saturday, July 6, 2013
  20. 20. RENEWAL FEE  To keep the patent in force, Renewal fee is to be paid every year. The first renewal fee is payable for the third year and must be paid before the expiration of the second year from the date of patent  While paying the renewal fee, the number and date of the patent concerned and the year in respect of which the fee is paid shall be quoted  The annual renewal fees payable in respect of two or more years may be paid in advance. Period Amount Up to 6 years Rs. 2,000/ year 7-10 years Rs. 6,000/ year 11-15 years Rs. 12,000/ year 16-20 years Rs. 20,000/ year Saturday, July 6, 2013
  21. 21. Trade Marks…. A trade mark is a distinctive sign or indicator of some kind which is used by an individual or business organization to uniquely identify the source of its products and/or services to consumers Saturday, July 6, 2013
  22. 22. Advantages of Trade Mark A trademark enables a customer to distinguish the product of one manufacturer from the other. The trademark becomes an effective instrument to attract customers and by its proper use, the trademark acquires goodwill of customers Saturday, July 6, 2013
  23. 23. What Can be a Trade Mark? A trade mark can comprise a name, word, phrase, logo, symbol, design, image, or a combination of these elements & It should be ORIGINAL Saturday, July 6, 2013
  24. 24. Well known Trade Marks……. Coca Cola for soft drink Toblerone Triangular shaped chocolates Saturday, July 6, 2013
  25. 25. Cond…. Furniture, Refrigerators, Storewell etc. Bulbs Saturday, July 6, 2013
  26. 26. Term of Trade Mark The term of a trademark is ten (10) years from filing date. It can be renewed further after every ten (10) years. Location of Trade Mark Registry Offices Delhi, Mumbai, Kolkata, Chennai, Ahmedabad Saturday, July 6, 2013
  27. 27. Thank you! Saturday, July 6, 2013

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