This document discusses patents and copyrights. It provides information on what constitutes a patent, the different types of patents and patent applications, as well as the advantages of patenting. It also discusses the Indian patent office and patent facilitation centers. The document then covers what copyright is, the conditions for obtaining a copyright, rights under copyright law, what is and isn't protected by copyright, and copyright registration and expiration.
1. PATENT AND COPYRIGHTS
GUIDED BY:
DEVANSHI H. RAMI
ASSISTANT PROFESSOR
M.PHARM
submitted BY:
RUPALI C. RAVAL
M.SC CHEMISTRY [PHARMACEUTICAL
ANALYSIS]
SEMESTER 1
SHREE S.K.PATEL COLLEGE OF PHARMACEUTICAL EDUCATION & RESEARCH
GANPAT UNIVERSITY,MAHESANA- GOJARIA HIGHWAY,GANPAT VIDYANAGAR-384012
GUJRAT,INDIA
A seminar on
2. ֍ What is PATENT ?
֍ Advantages & Types of PATENTING
֍ Section 3 under PATENT ACT,1970
covering pharmaceutical patent
֍ Filing of patent application with INDIAN
PATENT OFFICE
֍ Patent facilitator centres in India
֍ It’s impact on pharmaceutical industry
֍ general guidelines for prior art search
and drafting
COPYRIGHTSPATENT COPYRIGHTS
֍ Introduction
֍ Condition for COPYRIGHT
֍ Rights under COPYRIGHT LAW
֍ Protected and not protected by Copyrights
֍ Copyrights in INTERNATIONAL and in
INDIAN CONTEXT
֍ Copyright Registration
֍ Term of Copyright
֍ Copyright Expires
3. ESSENTIAL OF PATENT
Patents granted for an invention
means a product or process which is
NEW,
NON-OBVIOUS, UTILITY
Capable of industrial application
Design by Thomas Jefferson in 1790
It is intellectual property right provided by the Government to the patentee, in exchange
of full disclosure of his invention, for excluding others from importing the patented product
or process producing that product for those purposes.
PATENT ADMINISTRATION
OF INDIA
FOUR BRANCHES
Kolkata ( Head office)
Mumbai
Delhi
Chennai
TYPES OF APPLICATION
Ordinary Application
Convention Application
Patent of Addition Application
Divisional Application
PCT Application
WHAT IS PATENT ?
4. In Encourage innovation
Incentives to individual
Inspiration for the future generation
Gets the benefit of the research
Patented products useful to a number
of people become available to the
public
ADVANTAGES OF PATENTING Types of patenting
Utility Patents
Design Patents
Plants Patents
5. The first congress adopted a Patent Act in
1790 in the US
The first Patent was issued under this Act
on July 1790; to Samuel Hopkins of Vermont
for a Potash production technique
The first legislation in INDIA relating to
Patent was the Act of 1856
In 1888 new legislation was introduced
PATENT ACT 1970
SECTION 3: NON PATENTABLE INVENTIONS
Contrary to public order
The mere discovery of a scientific principle
Obtained by a mere admixture
Method of agriculture or horticulture
Surgical technique for hand surgery
Living thing and non-living things occurring in nature
Mathematical and business methods
MARKUSH CLAIM & TK (TRADITIONAL
KNOWLEDGE)
6. FILLING OF PATENT APPLICATION WITH INDIAN PATENT
OFFICE
Covering indicating the list of documents
Application for grant of Patent in form 1
Complete specification in form 2, comprising
~ Description
~ Claims
~ Drawing
~ Abstract
Statement and undertaking in form 3
Power of Attorney in for 26 (in original)
Declaration of inventorship in form 5
Certified true copy of the priority document
Requisite statutory fees
A. Filing
B. Publication
C. Examination
D. Opposition
E. Grant
7. Technology information, forecasting & Assessment Council (TIFAC), New Delhi
Intellectual Property Management (IPM) Division, CSIR, New Delhi
National Research Development Corporation (NRDC), New Delhi
Patent Information System (PIS), Nagpur
National Information Centre, New Delhi
8. GROWTH OF PHARMA. INDUSTRIES COMPETITION FROM MNCs
MORE RESOURCES WOULD BE DEVOTED LITIGATION
TO BASIC RESEARCH PRICE RISE
GLOBAL RESEARCH INDUSTRY
OUT SOURCE
9. GUIDELINE FOR PRIOR ART SEARCH
TKLD search ;
Name searching using IUPAC nomenclature and INN ;
Compound searching using CAS registry Numbers ;
Search using International Patent Classification (IPC) ;
Molecular formula and structural formula searching .
WHILE DRAFTING A PHARMACY PATENT
Focus on the inventive step
Inherent anticipation – Clarity between prior art and invention
Apply MARKUSH CLAIM in broad way
Identifying product by process claim in chemistry
10. A copyright is an author’s legal ownership of a creative work.
Ex., writing, pictorial work, a three dimensional sculptural work, a musical composition
CONDITIONS FOR COPYRIGHT
MUST BE ORIGINAL WORK :
Authorship can’t simply be copied or
reproduce from another author
MUST BE FIXED IN A TANGIBLE MEDIUM :
Cannot reside in the author’s mind, but must
be transfer onto medium, such as a writing,
a sculpture , a musical work, etc .
11. RIGHTS UNDER COPYRIGHT LAW
1. To reproduce or copy the work
2. To prepare derivative works
3. To distribute copies to the public;
4. To perform in public
5. The right to display the work in public
12. PROTECTED BY COPYRIGHT
Original works of authorship fixed in any tangible medium of expression, now known or later
developed, from which they can be perceived, reproduce, or otherwise communicated, either directly
or with the aid of a machine or device.
PROTACTABLE WORKS
Literary works and computer programs Blueprints Fictitious characters
Graphic work Sound recordings Compilation
Copyrights in useful article Architectural works Derivative works
13. NOT PROTECTED BY COPYRIGHT
Ideas are not protected
Facts and research results
Works without original authorship
Government works created by the government
These are not proper for copyright protection, but rather
should be protected via the patent system .
14. COPYRIGHT- IN
INTERNATIONAL CONTEXT
Berne convention (1886) Copyright in 1847 was passed by the Governor
Universal Copyright Convention (UCC) General of India
(1952) Paris revision in 1971 In 1911 the law of copyright was codified in
World Intellectual Property Organization England
(WIPO) The governor General of India enacted the Indian
Copyright Act of 1914 to make some modification
to the whole of the 1911 Act.
Copyright Act 1914 was again modified
after independence which is force even today was
passed in Indian Parliament in1957.
COPYRIGHT-IN
INDIAN CONTEXT
15. COPYRIGHT REGISTRATION
Copyright is automatic; registration is
not required.
However , registration puts the world on notice
and provides the author with additional rights
in infringement litigation.
Registration is recorded by the Copyright Office of
the National Library of Congress
16. When copyright has expired anyone
can use the material without
infringing copyright.
Copyright can not be renewed.