intellectual property rights

1. IPR
PRESENTED BY :- RAJAT SINGH
MSC FOOD TECH

2. Topics to be covered today
1. Introduction
2. Types of IPR
• Patent
• Copyright
• Tradesecrets
• Trademark
• Geographical indication

3. Introduction
•Intellectual
• Property
• Rights

4. Introduction
Intellectual property (IP) :- Intellectual property is a property arises from the
human intellect. It is a product of human creation.
• Intellectual property comprises 2 distinct forms:-
1) Literary & Artistic Works ;- they are books , paintings , musical
compositions, play , movies , radio / TV programs , performances & other
artistic works.
they are Protected
By copyright
2) Industrial property :- Intellectual property describes physical matter that is
the product of an idea or concept for commercial purposes .
Protected by :-
Patent
Trademark
Trade secrets

5. TYPES OF IPR
COPYRIGHTS
GEOGHRAPHICAL
INDICATION
TRADE
SECRETS
TRADEMARK
PATENT
IPR

6. Patent
• A patent is right granted by a government to an
inventor to , giving the owner right to exclude
others from manufacturing , uses , or selling an
invention for which a patent has been granted.
• A patent is a personal property which can licenced
or sold by the person / organization just like other
property.
• For example :- Alexander Graham Bell obtained
telephone else patent for telephone , so this gave
him right to protect or prevent his invention from
others making or selling telephone else where.

7. History of IPR in India
• In 1856 the government of India introduced the act of
protection of inventions. This act based on British
patent Law of 1852.
• And then currently operated paten act The Indian
Patents Act , 1970 was introduced in the parliament
in 1965 was modified in 1967 and was passed in 1970.
• and his act is further amended in 2005.
• The patents granted under the act are operative in
the whole of India and term of a patent is 20 years.

8. Requirements for patent
1. Novelty :- The invention should be new and
should not be already known to public.
2. Inventiveness :- Involves technical advance as
compared to the existing knowledge.
3. Industrial application :- The subject matter of
the patent must have an industrial application
and this application should be useful to people.
4. Patentability :- The subject matter of patent
must be patentable under existing law of country.
5. Disclosure :- The inventor is required to
described its invention in sufficient detail so that
a person of normal skill is able to use this
invention.

9. Patent office
• Head Office – Kolkata
• Branch offices at
Mumbai
Delhi
Chennai
• The Patent Office comes under the Ministry of
Commerce & Industry.
• Each of the branch offices have their own fixed
territory and accept application forms from
areas lying within its geographical limits.

10. Patent Approval Process
• STEP 1 :-Collect all the important information about your
invention and make a detailed document file.
• STEP 2:- Try to include some charts, graphics and other such
items. This will make your application more innovative.
• STEP 3:- Check the Indian patentable criteria and advance
opinion can help in better understanding.
• STEP 4:- If patentee is satisfied with opinions and reviews, he
can go for filing process.
• STEP 5:- An application for Patent is written and is filed at the
patent office. Filing date is issued which is very important for
further approval process.
• STEP 6:- When Patent application is filled and all important
documents are attached, Publication of Patent is done within
18 months of Filing date.

11. Patent Approval Process
STEP 7:- Examination of Patent application is done by Patent
examiner and if it is found to be patentable, a first examination
report is created which contains the related and similar data of the
invention applied for.
STEP 8:- Examination report gives a chance to public to raise any
objections and also it gives a chance to Patentee to interact with
public about his Invention. So if any such objections are raised,
Patent professionals can help in tackling the problem.
STEP 9:- Patent is Granted if the invention is found to be meeting
all the standard requirements of patentability

13. Renewal Process
• The Government fee for filing a
patent application in India is
750 rupee for individual and
3000 rupee for entities
• A patent is valid for 20 years
from the date of filing and a
Patent must be renewed after
specific period of time by
paying renewal fees.
WITHDRAWAL OF PATENT
• If a patentee wants to Surrender his
Patent ,he must Inform it to
Controller who shall publish
withdrawal and notify every person
in Relation with the Patent.

14. PENALITES
 False details of entries in Register and Official records :
Fine or Imprisonment for 1 year or Both
Unauthorized claims of patent rights
Fine of 500 rupees
 Misuse of word Patent or Patent Office
Imprisonment for 1 year or Fine or Both
 Refuse to share information with Authorities
Thousand Rupees Fine

15. Copyright
• Some intellectual properties are
not patentable they are protected
by copyright.
• For example book cannot be
reprinted or reproduced without
written permission from copyright
holders.
• The copyright of a book may be
held by the The author, editor, or
publisher.
• The Indian copyright act ,1957
was amended in 1982, 1984,
1992, 1994 and 1999.

16. Trade secrets
• The private proprietary
information that benefits the
owner is called trade secrets.
• A trade secret consist of a
formula, device , idea, which
generally not known to public.
• India does not have trade
secrets it only allow to company
to registered and protect the
detail of formula.

17. Trade mark
• Trademark can be a word, name,
brand, symbol, label etc used by
company to create a unique identity for
their product .
• A trademark helps consumers to
identify and choose between products /
services based on their reputation and
quality.
• The registration validity is for 7 year
and renewable after expiry .
• In India is governed by the Trade and
Merchandise Marks Act ,1958 which
came into force on 25th nov. 1959.

18. Geographical Indication
• An indication used to identify agricultural ,
natural or manufactured goods
originating from a definite territory in
India.
• It should have a special quality or
characteristics or reputation based upon
the climatic or production characteristics'
unique to the geographical location.
• The registration of a geographical
Indication is for a ten years.
• Renewal is possible for further periods of
10 years each.

19. Thank you