3. Different IPs in a Single Product
LED display- Patent
Body of laptop- Design
Apple sign- Trade Mark
User Manual- Copyright
layout of IC- SICL Design
3
9. WHAT IS PATENT
Patent is a grant by sovereign or state to a person
giving exclusive right to stop others from “making,
using, exercising, vending and importing”
AN INVENTION FOR A LIMITED PERIOD,
IN EXCHANGE FOR DISCLOSING IT IN A PATENT
SPECIFICATION such that any one having average skill in
the art can reproduce the invention.
Right to exclude others from using your invention
Owner has a qualified right to use the invention 9
10. FAMOUS INVENTOR/INVENTIONS
SCIENTISTS
Thomas Alva Edison
Alexander Graham Bell
Wright Brothers
Louis Pasteur
Alexander Fleming
INVENTIONS
Phonograph
Telephone
Aeroplane
Rabies Vaccination
Penicillin
In 1856, George Alfred
De Penning
a civil engineer, of
Calcutta petitioned
the Government of India
for grant of
exclusive privileges for
his invention
“An Efficient Punkah
Pulling Machine”.
10
11. Hepatitis Vaccine:
40 cents a dose product
giving health care access
to large number of people
with low purchasing
power
Nano Car:
2500 US $ from Tatas
for providing an
opportunity for middle
income families
Jaipur foot:
Affordable
prosthetics
@US
$ 28
FAMOUS INDIAN INVENTIONS
11
14. WANT TO FILE PATENT APPLICATION IN INDIA
WHAT TO DO? WHAT FORMS SHOULD I FILL?
HOW MUCH IS THE FEE?
Form-1:- Details of Application, Applicant Fees need to be paid
Form-2:- Details of Invention (Title, Background of Invention,
Particular of Drawings, Brief description of Drawing, Brief
Description of the Invention, Claims, Abstract, Drawings) Fees not
required (30 pages, 10 Claims)
Form-3:- Details of foreign Filing of Similar Invention Fees not
required
Form-5 :- Declaration as to inventorship Fees not required
Form-18:- Request for Examination (shall be filed within 48
months from the earliest priority date / filing date, if not filed,
application deemed to be withdrawn) Fees need to be paid
14
15. FEES E-FILING IN INR
Forms Natural Person or
startup or Small Entity
Or Educational Institute
Other than natural
(E.g Company)
Form-1 1600/- 8000/-
Form-2 No Fees up to 30 pages
and 10 claims
No Fees up to 30 pages
and 10 claims
Form-3 ---- ----
Form-5 ---- ----
Form-18 4000 20000
Total** 5600/- 28000/-
**Refer First Schedule of The Patents Rule, 2003 (As amended) for
more details.
15
16. FILING PROCEDURE
Submission of hard copy in The appropriate patent office. (Not
available for Patent agents)
Online filing
E-comprehensive file through portal
https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin
Require digital signature of Class-II/III
16
18. EXPEDITED EXAMINATION
Start Up
Small entity
Applicant is a female (or Joint applicant with other
natural persons)
Department of the Government and other Govt.
Establishments…(Refer Rule 24C(1) )
India as a ISA/IPEA in PCT
An agreement between Indian Patent Office and a
foreign Patent Office
**Refer provisions of The Patents Rule, 2003 (As amended) for further details.
18
20. Patent Application
PCT Convention Ordinary
Complete Specification
Provisional Specification
Published u/s 11A after the expiry of 18 months
Immediately published as is already published or not before 18 months
Examination of amendments by Examiner of Patents &
Designs, Report put up to Controller of Patents &
Designs, Issue of Subsequent Examination Report
Hearing and Disposal (Grant / Reject)
12 months or
section 9(4)
Expiry of 18
months
31 months from the
date of earliest
priority
Complete Specification
Examination of application by Examiner of Patents &
Designs, Report put up to Controller of Patents &
Designs, Issue of First Examination Report
Compliance by applicant within 6 months or 6+3 months
(3 month extension by submitting Form4)
12 months from the
date of earliest
priority
20
21. Application for
Patents filed by
applicant
Screening and
Classification of
Patent Application
Invention relating
to the Atomic
Energy
Invention relating
to defense purpose
Publication of
applications
Allotment of
applications to
Examiner
Referred to
Atomic Energy
Dept
Referred to
DRDO
Not related to defense
Not related to section 21(1)
Atomic Energy Act
SCREENING AND CLASSIFICATION
21
22. EXAMINATION
• Formal Examination
• Technical Examination
Examination
• Gist of objections are communicated to the
applicant.
First Examination
Report
• Check reply, re-examine, remove the objections
which met the requirement, communicate the
pending objection to the applicant
Examination on
reply of Applicant
• Technical discussion on pending objection
between applicant and hearing officer(s).
Hearing
• Decision to grant or refuse the Patent based on
pending objections and submissions of the
applicant
Grant or Refusal 22
23. TECHNICAL EXAMINATION
Read and understand the
invention in relation with
drawing
Search for related earlier
publications (citations) on
worldwide database
Check for Novelty and
Inventive step with respect to
citations
Prepare Detailed Examination
Report 23
24. BASIC TIMELINES
Particulars Time
Provisional to Complete specification 12 Months
Request for Examination 48 Months
Reply to FER 6 Months
Form-3 6 Months
Form-5 1 Month
Withdrawal of Application 15 Months
Hearing Submission 15 days
Pre-grant Opposition Before Grant
Post-grant Opposition One Year
24
26. INDUSTRIAL DESIGNS
The Designs Act, 2000
The Designs Rules, 2001
The Designs (Amendment) Rules, 2021(latest)
DESIGN means only the features of shape, configuration, pattern,
ornament or composition of lines or colours applied to any article
whether in 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 appeal to & are judged
solely by the eye;
but does not include
any mode or principle of construction or anything which is in substance a
mere mechanical device, and does not include any Trade Mark as defined
in clause (v) of subsection (1) of section 2 of the Trade And Merchandise
Act,1958 ( 43 of 1958) or Property Mark as defined in section 479 of the
Indian Panel Code.
Term of Design – 10 Years
(Extendable to 15 Years)
26
27. DEFINITIONS
Article [Section 2(a)]:
Article means any article of manufacture and any substance,
artificial or partly artificial and partly natural and includes any part of
article capable of being made and sold separately.
ORIGINAL [Section 2(g)]
in relation to a design, means originating from the author of such design
and includes the cases which though old in themselves yet are new in their
application
27
29. ‘SET OF ARTICLES’ [RULE 2(E)]
‘Set’ means a number of articles of the
same general character ordinarily sold
together or intended to be used
together; all bearing the same design,
with or without modification not
sufficient to alter the character or
substantially to affect the identity
thereof.
29
30. ‘Set’ means a number of articles of the
same general character ordinarily sold
together or intended to be used
together; all bearing the same design
DESIGN OF SET OF ARTICLES
30
31. For physical filing DD in favour of “Controller of Designs” payble at
Kolkata
FILING OF DESIGN APPLICATIONS
31
32. 1. Application Fee
(Rs. 1000/- for individual/Small entity/Startup and Rs. 4000/- for
others)
2. Application Form-1
Applicant’s full name,
Nationality, legal status,
Address, address for service in India
Class no, name of the article
Priority data (if any)
Prior registration data (if any)
Signature & Date
3. Two sets of Representation illustrating various views of article
4. Power of attorney (if required) : Form-21 (Section – 43)
5. Assignment document (if any)
6. Form 24 (if applicant is small entity/Start up)
Documentary evidence w.r.t F-24 (For Indian Small Entity/Start up)
Affidavit w.r.t F-24 (For Foreign Small Entity/Start up)
REQUIREMENTS TO FILE AN ORDINARY APPLICATION
32
33. The novelty resides in the shape & configuration of the ‘TEA POT' as illustrated.
No claim is made by virtue of this registration in respect of any mechanical or
other action of any mechanism whatever or in respect of any mode or principle
of construction of the Article.
No claim is made by virtue of this registration to any right to the exclusive use
of the words, letters, numbers, or trade marks appearing in the representation.
Dated: Signature of the applicant/agent
(Name of the Signatory)
Total sheet….
Sheet No…..
SPECIMEN OF REPRESENTATION SHEET
Name…….
Perspective View
33
35. PUBLICATION
All registered designs are published in Patent Office Journal
Particulars of the registered design are published along with one or
more best views of representation
35
36. SHOWING YOUR IP IS PROTECTED
Before delivery on sale of any article to which regd. Design is applied,
each article to be mark with ‘Registered’ or ‘Regd.” or ‘RD’ & also
with registration number, except for textile goods and brittle article.
This may deter potential infringer and help in legal action
36
37. 1. Reply to First Examination Report(FER) should be filed within 6 months
from the date of filing of application.
The 6 months can be extended upto further 3 months.
2. Term of Design (Initially for 10 years from the date of filing)
Extendable by another 5 years
3. Request for renewal to be filed within 10 years
4. Request for restoration of lapsed designs to be filed within 1 year of
from the date of cessation.
IMPORTANT TIMELINES FOR ORDINARY
APPLICATIONS
37
39. TRADE MARKS
Concept:
A trade mark is any word, name, symbol or device (or any
combination thereof)
Identifies and distinguishes the source of the goods or
services of one trader from those of others.
Function/ Importance:
Provides exclusive monopoly over a class of goods or
services.
Allows a business entity to build public goodwill and brand
reputation.
Identifies the source / origin of goods or services
Assures customers about quality of goods or services
39
40. SUBJECT MATTER OF TRADE MARKS
Trade Marks (including Service Marks)
Trade Names
Collective Marks
Certification Marks
Tagline / Slogans
Shapes
Sound Marks
40
41. A “GOOD” TRADE MARK
Distinctiveness
• Inherent
• Acquired
Not deceptively similar
• honestly adopted / coined
• not similar to already existing mark
• before adopting a new mark, it is advisable to have a search
conducted and evaluated. It also avoids unnecessary
litigation.
41
42. HOW TO INDICATE YOUR TRADE MARK
Registered/Unregistered/
Application Pending
Only when Registered
42
43. HOW TO PROTECT YOUR TRADE MARK?
Trade Marks registration is optional. However, registration
has certain advantages.
Registration available at the national, regional or
international level.
Initially registered for 10 years. Can be further renewed
indefinitely (10 years each time and so on).
In case of non-use, non-renewal or no policing, trade mark
rights are lost.
The existing trade marks registration is governed by The
Trade Mars Act, 1999 & The Trade Marks Rules, 2017.
For more information, please visit:
https://ipindia.gov.in 43
45. WHAT IS COPYRIGHT?
- Bundle of Rights
- Automatic Right
-Exclusive Right given
to creators of original
work of authorship
Allows the owner to:
Choose the ways
his/her copyrighted
works are made
available to the public.
Prevent unauthorized
copying/reproduction
Section 2(y) defines
“Works” and Section
13 of the Copyright
Act, 1957 provides for
the “Works in which
copyright subsists”
45
46. Criteria for
the work to
be
copyrighted
Creativity
(Minimum
Modicum)
Originality
Fixation
46
47. FEATURES OF THE COPYRIGHT ACT, 1957
Provisions related to the
Copyright Office and
registration of copyright
(chapter 2 & 10
Chapter 8 of Rules )
Provisions for statutory
and compulsory
licensing of works.
(chapter 6
Chapter 4 to 10 of Rules)
Provisions related to
the rights of the
owner of Copyright
and tenure of
protection
(chapter 4)
47
48. FEATURES CONTD.
Provisions related
to broadcasting
rights and
performance
rights. (chapter
8)
Provisions
related to
infringement and
remedies.
(chapter 11) 48
49. SUBJECT MATTER OF COPYRIGHT
Literary works
[S. 2 (o)]
Dramatic works
[S. 2 (h)
Sound Recording Works
[S. 2 (xx)]
Artistic works
[S. 2 (c)]
Musical works
[S. 2 (p)]
Cinematographic Films
[S. 2 (f)]
49
50. WHO ALL ARE THE AUTHORS OF THE WORK?
(SECTION 2(D))
50
51. RIGHTS OF AUTHORS OF COPYRIGHTED WORKS
Copyright
Economic Rights
(S. 14)
Moral Rights
(S. 57)
Transferrable rights. May be assigned to
other owners for a sum of money or
royalties depending on the proposed
usage of the work.
Non transferrable rights. They
remain with the original author.
51
52. SCOPE OF ECONOMIC RIGHTS
• Preventing others of making copies of your work
• Right to reproduce work in material form
Reproduction Right
• Dissemination of physical copies of work
• Right of rental
Distribution Right
• Adaptations, translations, compilations
• Cinema, sound recordings
Right to create
derivative works
• Relaying of work by distant or interactive
communication means
Right of communication
to public
• Right to perform the work in public
Right of public
performance
52
53. SCOPE OF MORAL RIGHTS
• The right to object to the work being distorted
or used in contexts that are prejudicial to the
honor and reputation of the author.
• The author can oppose the distortion of the
work in such a way that its cultural or artistic
integrity is adversely affected.
Right
against
Distortion
(Integrity)
• The right to claim to be the author of the
work and to have that authorship recognised.
• The right to have the author’s name
mentioned, for instance when the work is
reproduced.
Right of
Recognition
(Authorship
/Paternity)
53
54. TERM OF PROTECTION (S. 22)
Published literary/ Dramatic,
Artistic and Musical work
Life of author + 60 years
Cinematographic Film and Sound
Recording
60 years from date of publication
Broadcast Reproduction Rights 25 years from the year following
the year of broadcast
Performance Right 50 years from the year following
the year in which performance is
made
54
55. APPLICATION PROCEDURE
⮚ FORM-XIV
⮚ Every such application can be filed in the Copyright Office by person or
by post or by e- filing facility.
⮚ Payment can be made in the form of payment gateway/DD/IPO.
55
56. EXAMINATION OF APPLICATION
Prescribed fees (schedule 2)
S. No. Class of Work Fees
1. Literary, Dramatic, Artistic, Musical 500-/ INR
2. Artistic
(To be used or capable of being used on
goods and services)
2000-/ INR
3. Sound Recording 2000-/ INR
4. Cinematograph Films 5000-/ INR
56
59. INTRODUCTION OF SICLD
"Semiconductor Integrated Circuit (SIC)" means a product having transistors and other
circuitry elements, inseparably formed on or inside a semiconductor or insulating
material, designed to perform an electronic circuitry function.
“Layout-Design" means a layout of transistors and other circuitry elements and includes
lead wires connecting such elements and expressed in a manner in SICs.
Semiconductor Integrated Circuits Layout-Design (SICLD) Registry, Delhi is the office
where the applications on Layout-Designs of integrated circuits are filed for registration
of created IPR.
SICLD is an important IPR for protection of products with fast changing technologies,
such as electronic gadgets, computers etc.
The registration of a layout-design is for a period of 10 years from the date of
application filing or first commercial exploitation, whichever is earlier. 59
60. SICLD PROCESSING AND USES
SICs: Basis of advanced electrical, electronics and IT technologies
60
63. A Geographical indication (GI) is an indication that identifies a product that have a
specific geographical origin and possess qualities or a reputation that are due to
that origin.
GEOGRAPHIC INDICATIONS (GI)
Courtesy: GI Registry
63
69. VALIDITY
Patents- 20 years term
There is nothing called global / international patent
Designs- 10 years + 5 years
Trade Marks- Indefinitely subject to renewal (initially for 10 years)
GI-Indefinitely subject to renewal (initially for 10 years)
Copyright (Published literary/ Dramatic, Artistic and Musical work)-
lifetime of the author + sixty years
Who can Apply:- Person (Individual not for GI) or legal representative
Person includes:- Firm, partnership, small entity and a body corporate
All IP rights are territorial in nature
69
70. POINTS TO REMEMBER
First protect then Publish
Rights are Territorial (Limited to boundary of Country/ sovereign authority),
registration is required (in each country)*
Registration is done by sovereign authority (i.e. Government of India)
Rights for limited period of time
No automatic relief.(Need to file infringement suit)
Renewal fees to be paid for some IPRs*
Appointment of Patent Agent is not Compulsory; applicant can sign the
documents and file himself.
* - Except Copyright and Trade secret
70
72. CAREER OPPORTUNITIES
Government Job
Examiner of Patents and Designs
Examiner of Trademark and GI
Examiner of Copyrights
Others
Patent Agent
Trademark Agent
JRF/SRF in Patent Facilitation Centers
Patent Litigation and other opportunities in
private sector
72
73. CONTACT DETAILS FOR FURTHER TRAINING
Rajiv Gandhi National Institute of Intellectual Property
Management (RGNIIPM),
03, Hislop College Road, Civil lines, Near
Nagpur University, Nagpur,
Maharashtra - 440001
Phone: 0712 –2542961 / 2542979 / 2540913 /
2540922
Email: rgniipm.ipo@nic.in
Website: https://ipindia.gov.in 73
78. Which type of IP protects the painting
painted by artists?
Copyright
Geographical indications
Patents
Designs
Trademarks
78
79. What protects the intellectual property
created by fashion designers?
Copyright
Geographical indications
Patents
Designs
Trademarks
79
80. What protects the advanced disk brake for
bike developed by the inventors?
Copyright
Geographical indications
Patents
Designs
Trademarks
80
81. Which of these is a geographical
indication?
BMW
Nagpur Orange
Ironing machine with stem
Playstation
World Wide Web
81
82. What does a trademark protect?
An invention
A work of art
Logos, names and brands
A secret formula
82
83. How long can a patent last?
10 years
20 years
40 years
60 years
83
84. If you write an original story, what type of
intellectual property gives you the right to
decide who can make and sell copies of
your work?
Copyright
Geographical indications
Patents
Designs
Trademarks
84
85. Imagine a cricketer sets up his own
company to sell his own range of clothes.
What type of intellectual property can he
use to show that the clothes are made by his
company?
Copyright
Geographical indications
Patents
Designs
Trademarks
85
86. If a company develops a new technology
that improves its main product, what type of
intellectual property can they use to stop
others from copying their invention?
Copyright
Geographical indications
Patents
Designs
Trademarks
86
