1. Intellectual Property Rights
Rajguru Rajesh S.
Guided by
Dr. A.S.Sayyed
Civil Engineering Department
SRES COE KOPARGAON
January 3, 2018
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2. Intellectual Property
Intellectual Property:
Intellectual Property refers to creation of mind such as in-
ventions, designs for industrial articles, literary, artistic work,
symbols which are ultimately used in commerce. Intellec-
tual Property rights allow the creators or owners to have the
benefits from their works when these are exploited commer-
cially. These rights are statutory rights governed in accordance
with the provisions of corresponding legislations. Intellectual
Property rights reward creativity and fuel the progress of hu-
mankind.
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3. Intellectual Property
Type of Intellectual Property Rights:
Patent
The design
Trade Marks
The Copyright
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4. Intellectual Property
The object of the patent:
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 the invention and practice that invention and
make it work thus encourage scientific research and new
technology
To stimulate new inventions of commercial utility and
To pass invention into public domain after the expiry of
the fixed period of the monopoly
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5. Intellectual Property
Novelty and Inventiveness:
An invention is considered to be novel if it has not been
disclosed to the public at the time that the patent appli-
cation was made.If however, details of the invention have
been disclosed to the public before applying for a patent,
then the invention is no longer considered to be novel in
a patenting sense
Another requirement for a valid patent is inventiveness.
This means that the invention must contain an inventive
step. This can be the most difficult thing to show. A
patent examiner may decide that the invention is obvious.
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6. Intellectual Property
Commercialization of Inventions:
Patents are of no value unless the commercial worth of the
product or technology can be demonstrated and exploited.
Many patentable inventions have failed not because they
didn’t work, or because they had been invented before,
but because the inventor was unable to exploit them com-
mercially.
If the inventor does not have all the skills required, it
may be necessary to put together a team or partnership
to exploit the project or to license the invention to an
existing company who already has related products.
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7. Design Patent
Design Patent:
Design means only the features of shape, configuration,
pattern or ornament or composition of lines or colour or
combination thereof applied to any article whether two
dimensional or three dimensional or in both forms, by any
industrial process or means, whether manual, mechanical
or chemical, separate or combined, which in the finished
article
However, functionality aspects of a design are not pro-
tected under the design act.as the same are subject mat-
ter of patents.
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8. Design Patent
Object of Registration of Design Patent:
Object of the Designs Act is to protect new or original
designs so created to be applied or applicable to particular
article to be manufactured by Industrial Process or means.
Sometimes purchase of articles for use is influenced not
only by their practical efficiency but also by their appear-
ance. The important purpose of design Registration is to
restrict others from applying it to their goods.
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9. Design Patent
Requirement for Design Registration:
New or Original
It should not be public any where in india or in any other
country by publication or by use.
It should be significantly distinguishable from known de-
signs.
An important criteria for selection is that the artical should
exits by it self independent of the design applied on it.
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10. Design Patent
Who can apply for a Design Patent :
An application for design registration can be filed by any
person claiming to be the proprietor of any new or original
design
The designer alone or jointly with any other person or
through a legal representative can also apply for design.
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11. Design Patent
Ask your self :
1 What problem does the
invention address?
2 What is the invention?
3 What does the invention
do?
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12. Design Patent
Prior Art Search :
http//worldwide.espacenet.com
http//ipiindia.nic.in
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13. Design Patent
To get the Design Patent
Following documents are required
Design Patent Registration Form form no1
Drawings
Power of Atternety given to patent agent(on 500/-
Court fee Stamp)
Fee of Patent Agent is Rs/-8000 to 10000 (Goverment
fee Rs/-1000 only)
It may take 9 to 18 month
Once patent is filed it can be track on www.ipindia.nic.in
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14. Design Patent
Filing Procedure :
An application for registration of design can be filied at
any of the four patent offices located at delhi, mumbai,
chennai or kolkata.
On receipt of the application in the patent office the ap-
plication is numbered dated and taken up for the exami-
nation.
After proper examination of patent application, on the cri-
teria of novelty, inventiveness and industrial application.
The Patent Examiner will issue a First Examination Re-
port (FER) and will send along with the application and
specification to the applicant or authorized agent.
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15. Design Patent
Filing Procedure :
The issued FER give an opportunity to the applicant to
file a response and overcome the objections raised by the
Examiner.
The defect must be rectified within a period of 6 months
from the date on which the First Examination Report has
been issued to the applicant.
If the defects are not rectified as required by the con-
troller a personal hearing is provided to the applicant. The
controllers decision after the hearing is communicated in
writting to the applicant.
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16. Design Patent
Filing Procedure :
If application is rejected, the applicant can appeal to the
high court within 3 months from the date of the con-
trollers decision.
If application is accepted, the application is notified in the
Patent office journal and certificate of registration is issue
to the applicant.
Initially a protection of 10 years is given to the properietor
of a registered design with regard to exclusive right to sell,
make or import the artical.
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17. Thanking You
Research is what I am doing when I donot know what
I’m doing-Wernher von Braun
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