IPR and Patenting

2
• Let us mute our mics
• Any question put on chat. All the questions will be
compiled by team Pillai and answers mailed back to
you
• Most of the questions will be taken up immediately
after the session
• PPT- Slideshare:
• Video on Youtube:
https://www.youtube.com/user/rkpv2002/videos?view_as
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• Some issue unmute 1-2 representatives, talk

3
www.ipadventure.in
Slides designed by the team. I am distant associate for
this startup. Slides will be made available on slideshare:
Topic name and slideshare

5
https://ipindiaservices.gov.in/PublicSearch?aspxerrorpath=/PatentSearch/PatentSe
arch/ViewApplicationStatus

• Bibliographic data
• Field of Invention
• Background of the invention
• Prior art
• Object of the invention
• Summary of the invention
• Brief description of drawings
• Detailed description
• Claims
Anatomy of the Patent

Some Key points in the Bibliographic
Data

• INID Codes-Internationally agreed numbers for
identification of bibliographic data.
• Kind codes- Indicate the status of the document
• Inventor – Who actually invented.
• Assignee- Whom it has been assigned (College in your case)
• International Patent Classification
• Reference- Prior art documents which inventor and
examiner have referred.
• Patent Examiner- An expert appointed by patent office to
examine the patent application.
• Patent Attorney- The legal firm which has been authorised
by the inventor to prosecute the patent application.
Some Key points in the Bibliographic
Data

• Usually written in two sentences
• Briefly describes the broad area of
technology under which the patent falls.
• Basically, it should be crisp and clear
enough so that the Examiner of patent
easily understands the nature of the
invention and classifies the technology
according to its general nature.
Field of Invention

• This section describes the state of the art in the
particular technical area to which the patent relates
and
• What problems remain to be solved or
disadvantages accompanying the prior art solutions.
• In other words, Background of the invention should
describe what others have done in the field, and
what problems have not been solved by this prior
work.
• It is always better to mention the status of the
closest technology, experiments, patents and patent
applications in this section.
Background of the Invention and
Prior art

• Object of invention should clearly reflect
the advantages of the invention.
• Each and every object and advantages of
the invention should be described in a
separate sentence.
• Basically, this portion is a comparative
analysis of the inventive technology over
the existing one.
Object of the invention

• Summary of invention describes a broad
overview of the invention and, thus,
provide a structure for understanding
the Detailed Description and Claim
sections of the specification.
• The summary of the invention describes
the invention overall, e.g., the purpose of
the invention, problems solved,
advantages offered, and so forth.
Summary of the invention

• The brief description of drawings
includes a written description of the
invention that explains how to make and
use it.
• It should point the reference numerals
used in the drawings and should be
specific.
• The details should be sufficient enough
for a person skilled in the art to
understand and perform the invention.
Brief description of the
drawings

• The detailed description describes in
detail what the invention is and how it
is made and used.
• It should reflect the complete picture of
the invention and should be sufficient
for a person skilled in the art to perform
the invention by developing necessary
technical know‐how.
Detailed description

• Claims are the essence of a patent.
• The claims define the invention which the inventor
holds as his exclusive property and has the right to
exclude others from making, using and selling.
• The claims specify the scope of ownership in a piece
of property, i.e. Intellectual Property.
• These claims are of paramount importance in both
patent prosecution in the Patent Office and patent
litigation in the courts.
• Therefore, during claim drafting the choice of words
used in the patent claims should be dealt in a great
understanding and thought.
Claims

• An abstract should be drafted in such a
manner to make it reflect the technical
field of the invention with the existing
technical problems and the solution to
overcome such problems.
• It should be briefly drafted and within
the limit of 150 words.
• The aim of abstract should be to provide
the better information to third parties.
Abstract

WANT TO MAKE A
CAREER IN IPR?
5/10/2020 32SP College, Pune

IP Career Courses Available after Graduation
B.Sc./M.SC.
Academics Job
Opportunities in
IPR
LL.B. (IPR)
IIT KGP
PGDIPRL
(NLSIU, NALSAR, IGNOU)
Patent Certificate Course
(FC)
L.L.M. (IPR)
(Universities Abroad)

https://fergusson.edu/upload/document/55795__IPRbrochure(1).
pdf

• LL.B. (IPR) IIT, Kharagpur
http://www.iitkgp.ac.in/law;jsessionid=EF01C8138FF710D2D633603A7B6
EE789
• IP Law firm Pune/Mumbai/Hyderabad/Banglore/Noida/Delhi…
• http://www.ipindia.nic.in/vacancy-announcement.htm
• RGNIIPM
http://www.ipindia.nic.in/rgniipm.htm
• PGDIPRL (NLSIU, NALSAR, Law College)
http://ded.nls.ac.in/overview-ded/

KIRAN-IPR Training for
women
B.Sc.
(all branches)
M.Sc.
(all branches)
2-Step Entrance Exam

Job
Opportunities
Government
Sector
Private
Sector
Freelancer Work/
IP Start-up

US9221293

Let us take an example of US9221293
The regulatory group
who will draft, examine,
prosecute, grant and protect
this Patent
The Industry who would
potentially use the patent &
its inventors in the quest
for business, growth and
eventual profits.
The inventors who
invented this
Each of these areas of work offer a career
growth path

L.L.M. Studies in IPR
• WIPO
• Australian Universities (QUT)
• UK Universities (QMUL, Cambridge, UCL, Bournemouth,…)
• USA Universities (George Washington,….)
• EU Universities
• Maastricht University (The Netherlands)
• MIPLC (Munich, Germany)
• Turin University (Milan, Italy)
IP Study - Opportunities Abroad

Career in IPRs-
Combination of Science and Law
1) Industry is exponentially growing
2) Salary is good
Patent Analyst can easily start with salary
of 3 lac pa
(Pharma & BPO industry -12,000 per
month i.e. 1.44 lac pa)
Graduates with IPR + Mpharm/MBA
degree can begin with 5 lac pa
3) Growth is easy
Professionals with 2-3 years of experience
in IP industry are earning
10 lac pa. This kind of package is only
expected for B.E.+MBA

4) You can work in “brand” companies
5) You can have international exposure
6) Work for 5 days a week!

http://www.ipindia.nic.in/form-and-fees.htm
49
• http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_11_1/Fees.pdf

Forms
• Form 1
• Form 2
• Form 3
• Form 5
• Form 9
• Form 13
• Form 18
• Fees
53

IP- Intellectual Property
• Original Ideas, research Results
• A book or a novel protected by copyright
• Copyright need not be registered
• WIPO ( World Intellectual Property
Organisation)
• patents, copyrights, trademarks,
geographical indications, designs
55

IP- Intellectual Property
• GI- Darjiling Tea
• Adidas Shoe- Aesthestics plus
functionality- No need to register
• Disney Character - register
• Trademarks- Logos
• Patent duration – 20 years from the date
of application
56

IPR (Right)
• making, using, selling, marketing,
importing the product
• IPR (Legal entitlement)
• Violation of IPR- Infringement
• IP protected by IPR
57

IP- Scrutiny
• FER- First examination report
• Objections- technical/ substantial
• Patent Prosecution- Raising objection
over a patent application
• Trademarks Prosecution has less detail
and less analysis
• IP Office- IPAB Tribunal- High court-
Supreme Court
59

Copyright
• Right to print publish, perform or record
• Work to be recorded or copied on some
medium
• Right to make copies
• Life of author plus 60 years
60

Trademark
• Symbol or word legally registered or
established by use
• Benz mark for undergarments was
stopped
• Trademark unlimited life IP
• Design- visual things
61

Mahatma Gandhi-Still alive in
the form of IPR

Trademarks in some
jurisdictions
1. Chile
2. France

Patent Prosecution
• The process of registration of patent in
the patent office by drafting patent
specification
• The entire patent lifecycle
• Replicable
• Can generate revenue through sale
69

Types of Patent Applications
• Ordinary application- no priority
• Convention
• National Phase PCT ( Patent
Cooperation Treaty)
• Patent of Addition
• Divisional application
70

Types of Patent
• Utility Patent
• Provisional Patent
• Design Patent
• Plant Patent
71

Patent War
• Qualcomm versus Apple- 6 infringement
suits
• Music producer Morris Levy and John
Lennon - copyright infringement case
• Microsoft and Google- xbox, Motorola
• HUL versus Amul- frozen
dessert/icecream
72

Few Queries on chat window
• Can we get the recording of this session?
Could you please publish it in YouTube
yes
https://www.youtube.com/channel/UCdh
z4qSL5IhEjbGDSRFOTJQ
• tirupathi Laddu
GI
• How may no. of Claims required to get a
patent
1
73

• under which type of patent computer
applications come under – utility(US)
India- hardware component add
• explain about plant patent – US
Plant Variety - India
• can we file patent on circuit design
under design patent? – US
India- Semiconductor Layout chips
Variety
74

• license a patent: sale patent/ claim sale
• How to create digital signature? is there
any amount need to pay
emudra- validity-
https://www.e-mudhra.com/
• explain about plant patent – US
Plant Variety - India
• can we file patent on circuit design
under design patent? – US
India- Semiconductor Layout chips
Variety 75

Patent Prosecution In India
Designed By
IP Adventure LLP Team

• Filing the application for the patent at
the patent office
• Publication of the application
• Pre-grant opposition
• Examination and generation of the first
examination report by the Indian Patent
Office
• Reply to the examination report
• Hearing at Indian Patent Office
• Grant of the Patent
Steps Involved in Patent Prosecuition
5/10/2020 SIGCE 77

• Who can file?
• How an application is filed?
• How the payment is made?
• What is the importance of the filing
date?
• What are the details we have to provide
to Indian Patent Office?
• Important timelines to be adhered.
5/10/2020 SIGCE 78
Filing application for Patent

• When the publication of the application
takes place?
• How can we have early publication of
the application for the patent?
• What is the significance of the early
publication of the application?
• What are the privileges the applicant
gets once the application is published?
5/10/2020 SIGCE 79
Publication of the Patent
Application

• What is pre-grant opposition?
• Who can apply for it?
• What is the timeline for applying the
pre-grant Opposition?
• What after pre-grant opposition?
5/10/2020 SIGCE 80
Pre-grant Opposition

• Filing a request for examination.
• What will happen if such request is not
filed?
• Examination of the patent application.
• Generation of the First Examination
Report by the Indian Patent office.
• Response to the FER.
• Timelines to be adhered.
5/10/2020 SIGCE 81
Examination of the application
for patent

• What is Hearing of the patent application?
• Why this step?
• How is it done?
• When the patent is granted?
• Post-grant opposition
• What is post grant opposition?
• Who can apply for it?
• What is the difference between Pre-grant
and Post-gran opposition?
5/10/2020 SIGCE 82
Hearing followed by Grant of
the Patent Application

Timelines to be followed
• Provisional –Complete specification (within 12 months from the
date of filing of provisional.)
• Request for Publication- to be filed if early publication is required
,if not filed the application will get published after 18 months.
• Request for examination- to be filed within 48 months from the
date of filing the patent application, but if not filed within this
time limit the patent application will be abandoned.
• The examiner raises First Examination Report (FER) and it
should be responded within 6 months from the date of issuance of
the FER.
• After the grant of the patent during its entire tenure, the
applicant is expected to pay the fees for renewal of patent every
year.
• Every year the applicant should file a statement of working.
SIGCE 83

1. Ordinary Patent Application
2. Provisional patent Application
3. Divisional Patent Application
4. Conventional Patent Application
5. PCT Application
6. Patent of Addition
Different Types Of Patent
Applications in India
5/10/2020 SIGCE 84

• It is a non-final, preliminary application which is
filed before the patent office to claim priority.
• This application is usually filed when an invention
requires additional time to improve upon. This is
beneficial because the Indian Patent Office follows
the ‘First to File’ system. Early filing by the
inventor prevents any other related inventions from
becoming prior art to the inventor’s application.
• When an application is accompanied by a
provisional specification, a complete specification
should be filed within 12 months from the date of
filing of provisional application. Failure to do so
leads to the abandoning of the application.
Provisional Application
5/10/2020 SIGCE 85

• Complete specification should describe
the invention in-depth and it should also
disclose the best known method of
carrying it out and necessarily end with
one or more claims which define the
scope of the invention.
Complete/Ordinary
Application
5/10/2020 SIGCE 86

• When an application made by applicant
claims more than one invention, the
applicant on his own or to meet the
official objection may divide the
application and file two or more
applications, as applicable for each of
the inventions.
Divisional Application
5/10/2020 SIGCE 87

• An application which claims the priority
of another application filed in one or
more of the convention countries in
known as a convention application.
• Whenever an application is filed in a
convention country (basic application),
the applicant has to file in India within
12 months from the date of filing of basic
application.
Conventional Application
5/10/2020 SIGCE 88

• The Patent Cooperation Treaty assists
applicants in seeking patent protection
internationally for their inventions.
• By filing one international patent
application under the PCT, applicants
can simultaneously seek protection for
an invention in 148 countries
throughout the world.
PCT Application
5/10/2020 SIGCE 89

• When an applicant comes up with an
improvement or modification of the
invention described or disclosed in main
application for which he has already
applied for or has obtained a patent, the
applicant may make an application for
Patent of Addition.
Patent of Addition
5/10/2020 SIGCE 90

https://www.gatesnotes.com/About-Bill-Gates/Accelerating-
Innovation?WT.mc_id=10_26_2016_0_AcceleratingInnovation_BG-
IN_&WT.tsrc=BGIN
91

Queries
• Applied for indian patent/ US n EU
want to apply. Choices:? US/EU/PCT
potential market study/ funding-
pct(153)- it includes us n EU- form 25
• Difference: copyrights/IPR
• Copyright registration process-
copyright society of india
• Trademark- ipo
• Semiconductor chips- separate office
92

10 May 2020 Dept of CE, SIGCE,Navi Mumbai 93
Disclaimer
Representations of Certain Trade Marks in
the presentation has been used for
educational purpose only. Any views on
them are personal and do not necessarily
represent the official view of the LLP to
which the author belongs to.

Copyright
Trademark
Patents
Trade secret
Plant Varieties
Geographical Indication
Integrated circuit Layout
Traditional Knowledge
Industrial Design
10 May 2020 94Dept of CE, SIGCE,Navi Mumbai

10 May 2020 Dept of CE, SIGCE,Navi Mumbai 96
World Intellectual Property
Organization (WIPO)
UN: one of the 15 specialized
agencies
CREATION: 1967
MISSION:
1. to encourage creative activity
2. to promote the protection of IP
throughout the world

87 Lakhs
133 Crores

Indian Ipr Legislature
Type of IPR Governing Law
Patent 1852
The Indian Patent Act, 1970
Copyright 1957
The Copyright Act, 1957
Trademark 1940
The Trademarks Act, 1999
Plant Variety 2001
The PPVFR Act, 2001
Semiconductor Chips 2000
The SIC Layout Design Act,
2000
Geographical Indications 1999
The GI of Goods Act, 1999
Designs 1911
The Designs Act, 2000
Diversity 2002
The Biological Diversity Act,

• https://youtu.be/g4Tbq22NHag
• https://youtu.be/AzQzSUZsT_k
106

GATT , WTO and TRIPS
By
Team
IP Adventure LLP
5/10/2020 IP Adventure LLP 107

GATT- General agreement on trades and
tariffs
WTO- World Trade Organization
TRIPS-Trade related aspects of intellectual
property rights
What are GATT, WTO and
TRIPS

• Multilateral agreement regulating trade
among the countries.
• Was first discussed during United Nations
conference on trade and employment and
was outcome of the failure of negotiating
governments to create the International
Trade organization.
• Signed by 23 founder countries including
India in October 1947.
• Was amended in 1960 and lasted till 1993
and was replaced by WTO in 1996.
GATT

• WTO is a successor of GATT established in
1995.
• GATT had 8 rounds of negotiation and WTO
was the outcome of 8th Uruguay round on 1st
Jan 1995.
• Purpose of the GATT and WTO – To promote
international trade by reducing and eliminating
trade barriers such as tariffs or quotas.
• GATT and WTO successfully reduced tariffs
from 22% in 1947 to 5% after Uruguay round.
WTO

• Promotion of Peace.
• Dispute settlement among the member
countries.
• Dealing with the ethical issues in
business.
• Ensuring smooth and easy conduction of
trade at international level.
• Providing more choice of products and
qualities.
• Shielding governments from Lobbying.
WTO aims at

• One of the treaties under WTO
• IP was linked with the trade for the first time.
• Provides standards for the full range of
intellectual property rights and also the
enforcement of those standards through legal as
well as administrative actions.
• Timeline for implementation of TRIPS:
Developed or Industrialized countries : 1yr
Developing countries: 5yrs
Underdeveloped countries: 10yrs.
TRIPS

• It made compulsory for all the member
countries to provide patents for products
and processes in all fields of technology.
• Provision of compulsory licensing.
• Allowed to make limited exclusion from
patentability.
Basic Principles

• WIPO- World Intellectual Property organization
• One of the 15 specialized agencies of United
Nations
• Created in 1967 to encourage creative activity,
to promote the protection of Intellectual
Property throughout the world.
• Currently-192 Countries Headquarters- Geneva
• Came into force on 26th April 1970 (hence 26th
April is celebrated as World IP Day.
• Has an exhaustive patent database
“Patentscope”
WIPO

• Patent cooperation treaty
• Facilitates seeking patents protection
internationally for the inventions.
• More than 153 member countries.
• Through a single patent application, it is
possible to get patent protection in
multiple countries.
• Cost-effective way through which patent
protection in multiple countries is
possible.
PCT

• First came into existence in 1856 base
on British Patent Law.
• In 1970 the Indian Patent Act came into
enforcement
• Amended from time to time as per the
technological developments in the era of
science and technology.
• In 1994 India entered TRIPS and it was
effective since 1st Jan 1995.
• The product patent regime started.
Indian Patent Act

Before TRIPS
• The 1970 Indian Patents Act was the instrument
that made it possible for the domestic
pharmaceutical industry to expand rapidly:.
because the Act legalised « reverse engineering » of
drugs that are patentable as products, throughout
the industrialized world, but unprotectable in India.
• Well equipped with technological expertise, Indian
scientists and businesses grabbed the opportunity
to do « reverse engineering » on therapeutically
innovative drugs discovered elsewhere, and
launched them on the domestic market as well as
exporting them to other countries, with similar gaps
in their patent cover.

After TRIPS
• After entering in the TRIPS agreement
• Mailbox systems was provided for the
developing countries that have
inexistent methods to register product
patents.
• The product patents applications were to
be kept in mailbox till the 10 years time
is over.

Evergreening of Patents
• Evergreening is the term used for legal
and technological alternatives adopted
by Pharmaceutical companies to extend
their exclusivity of over production and
sale of patented medicines beyond the
prescribed statutory timeline of 20
years.

Section 3d of Indian Patent
Act
• Section 3(d) says that the mere discovery of
a new form of a known substance which
does not result in the enhancement of the
known efficacy of that substance or the
mere discovery of any new property or new
use for a known substance or of the mere
use of a known process, machine or
apparatus unless such known process
results in a new product or employs at
least one new reactant, is not patentable.

• Facilitated grant of Compulsory license if the
required conditions are not followed by the
patent owner.
• Introduction of Section 3 to prevent ever
greening of the patents.
• Pre-grant as well as post grant opposition
Salient features of the sui-generis
Indian patent Act

Natco Vs Bayer
First Compulsory License

Icecream VS Frozen Dessert
123

HUL VS AMUL
https://www.youtube.com/watch?v=BhNEZMlkJF8
124

Indian patent act
important aspects
IP Adventure LLP

FOREIGN FILING PERMISSION
OR LICENCE [FFL]
• FIRST FILED IN INDIA
• WAIT FOR 6 WEEKS
• IF NO NOTICE IS RECEIVED FROM PATENT OFFICE YOU
ARE FREE TO FILE IN ANY FOREIGN COUNTRY.
• PROVISIONS OF SECTION 35 WILL APPLY
• NOT INTERESTED TO FILE IN INDIA
• PERMISSION IS REQUIRED TO BE TAKEN
• IF A FOREIGNER APPLIES FIRST IN HIS/HER COUNTRY
THEN ENTERS INDIA THESE PROVISIONS WILL NOT
APPLY
• ANY CONTRAVENTION OF SECTION 35 OR 39 PATENT
APPLICATION WILL BE TREATED AS ABANDONED OR IF
GRANTED WILL BE REVOKED
• ORDERS OF THE CONTROLLER & ALL ORDERS OF THE
CENTRAL GOVERNMENT RELATED TO THIS CHAPTER
ARE FINAL AND NOT APPELLABLE IN ANY COURT

OR LICENCE [FFL]
• SECTION 39:
• NO INDIAN RESIDENT SHALL APPLY FOR
PATENT OUTSIDE INDIA WITHOUT
PERMISSION.
• PLEASE NOTE THAT ‘RESIDENT’ INCLUDES A
FOREIGNER WHO IS RESIDING IN INDIA AND
RESPONSIBLE FOR DEVELOPING THE
INVENTION.
• SECTION 118: CONTRAVENTION OF SECTION
39 SHALL BE PUNISHABLE WITH
IMPRISONMENT FOR A TERM WHICH MAY
EXTEND TO 2 YEARS, OR WITH FINE, OR
BOTH.

OR LICENCE [FFL]
• RELEVANT FORM IS FORM-25 [RULE
71(1)]
• FEES: 1600/4000/8000 & 1750/4400/8800
• RULE 71(2): REQUEST SHALL BE
DISPOSED BY PATENT OFFICE WITHIN
21 DAYS FROM THE DATE OF
REQUEST.
• 21 DAY PERIOD WILL BE CALCULATED
FROM THE DATE OF REVOCATION OF
SECRECY DIRECTIONS

SECRECY DIRECTIONS
• SECTIONS 35 TO 38 & RULE 72
• IF THE FILED INVENTION IS RELATED TO ONE OF
THE CLASSES NOTIFIED TO THE CONTROLLER BY
THE CENTRAL GOVERNMENT AS RELEVANT FOR
DEFENSE PURPOSES OR WHERE OTHERWISE THE
INVENTION APPEARS TO BE RELEVANT, THE
CONTROLLER WILL GIVE NOTICE OR DIRECTIONS
PROHIBITING OR RESTRICTING THE PUBLICATION
OF INFORMATION.
• THE ABOVE DIRECTION SHALL BE INFORMED TO
THE CENTRAL GOVERNMENT AND THE CENTRAL
GOVERNMENT OPINES THAT THE INVENTION IS
PREJUDICIAL TO THE DEFENSE OF INDIA THEN
THE DIRECTIONS OF THE CONTROLLER IS UPHELD
OTHERWISE THE CONTROLLER WILL REVOKE SUCH
DIRECTIONS AT THE EARLIEST.

SECRECY DIRECTIONS
• IF SUCH SECRECY DIRECTIONS IS NOT GIVEN BY
THE CONTROLLER THEN THE CENTRAL
GOVERNMENT UPON OBSERVATION SHALL DIRECT
THE CONTROLLER BUT BEFORE THE GRANT OF
PATENT SHALL INFORM THE CONTROLLER TO
APPLY SECTION 35 PROVISIONS AND THE
CONTROLLER ON DOING SO SHALL INFORM BACK
THE CENTRAL GOVERNMENT AND HOLD THE
GRANT OF PATENT TO THE APPLICANT.
• APPLICANT CAN SEEK THE PERIODICAL REVIEW OF
SECRECY DIRECTIONS AND THE PERIODICAL
REVIEW WILL BE IN THE INTERVALS OF 6 MONTHS.
THE RESULT OF THE REVIEW WILL BE INFORMED
TO THE APPLICANT WITHIN 15 DAYS FROM THE
DATE OF THE RECEIPT OF SUCH RESULT. [RULE
72(1)]

SECRECY DIRECTIONS
• WHEN SECRECY IS IMPOSED:
 THE CONTROLLER SHALL NOT PASS AN
ORDER FOR REFUSAL TO GRANT OF
PATENT
 NO APPEAL IS ALLOWED ON THE ORDERS
OF IMPOSITION OF SECRECY
 PROSECUTION OF APPLICATION IS
ALLOWED UPTO THE STAGE OF THE
GRANT OF PATENT
 NO PUBLICATION IS ALLOWED
 NO GRANT IS ALLOWED

SECRECY DIRECTIONS
• EVEN PATENT HAS GONE UPTO THE STAGE OF GRANT THE
INVENTION CAN BE USED BY THE CENTRAL GOVERNMENT
UNDER THE PROVISIONS OF SECTIONS 100, 101 AND 103.
• IF CENTRAL GOVERNMENT FEELS THE HARDSHIP TO THE
APPLICANT BECAUSE OF CONTINUOUS IMPOSITION OF
SECRECY DIRECTION THEN THE CENTRAL GOVERNMENT
MAKE PAYMENT BY WAY OF REASONABLE SOLATIUM WITH
REGARD TO NOVELTY AND UTILITY OF THE INVENTION
• NO RENEWAL FEE IS PAYABLE DURING THE SECRECY PERIOD
• EXTENSION OF TIME FOR ANY ACTIONS WHICH OUGHT TO
HAVE BEEN PERFORMED BUT COULD NOT BE DONE IN VIEW OF
THE IMPOSITION OF SECRECY CAN BE DONE AWAY BY THE
CONTROLLER ON THE REVOCATION OF SUCH SECRECY
IMPOSITION. PERIOD OF EXTENSION OF TIME SHALL NOT
EXCEED FOR THE PERIOD AS SPECIFIED UNDER 35(1) [RULE
72(2)]

Startup
• Before 2017: 5 years, < 25 crores,
Innovate
• After 2017: recognized by startup india
initiative, as per department of
industrial policy and promotion upto 7
years; registered firm; turnover per year
< 25 crores for the 7 years; innovation;
wealth creation; employment generation
133

My patent will be granted?
• Novel
• Inventive step
• Industrial application
• Exceptions in section 3 and 4:
http://ipindia.nic.in/writereaddata/Portal
/ev/sections/ps3.html
134

Trade marks
• Differentiate goods and services
• Branding
• Word, symbol, device
• Liability / quality / reputation / symbol
of reputation / uniqueness
• Nike shoe
• Good trade mark – easy to spell, speak,
logo, monogram
• Passing off relief
137

Trade marks
• Indefinitely renewed evey 10 years
• IPR- Limited life / Trade mark-
unlimited
• Cybersquatting- domain name disputes
• ICANN
• Nike shoe
• Passing off relief
139

International Agreements
• Paris Convention, 1883
• Madrid Agreement, 1891
• Madrid Protocol, 1989
• World Intellectual Property organisation
• TRIPS Agreement
140

Trade Marks in India
• Earlier no law
• IPC criminal law was applied
• First Law- Trade mark Act, 1958
• 1999 Trade Mark act in compliance with
WTO & TRIPS Agreement
141

Trade mark Types
• Word marks- word, letter, number
• Service marks- word, design, phrase,
symbol or combination
• Collective marks- associations or
persons
• Certificate marks- quality marks
142

Unconventional Types
• Color marks- Cadbury purple
143

• Shape marks- Coca cola Bottle
144

• Smell marks- tennis ball/ mown grass
• Sound marks- Harley Davidson
• Taste mark- Tirupati Laddu
• Indian law- Graphically represented on
paper
145

Copyrights
• Right to copy
• To print, publish, sell copies of original
works
• authors, composers, artists, creators of
artistic, literary, dramatic or any form of
creative work
• Author/ Publisher- Publisher is the
copyright owner
146

Copyrights
• Sms, text message, email
• Translation, drama, hosting a website
• photograph by 2 persons- 2 copyrights
• Protect expression of idea
• Author life plus 60 years(WILL)
• Plagarius (Kidnappers)- plagiarism /
Piracy laws
• ovable type by Gutenberg and two the
printing press by Caxton
148

International Arrangements
https://www.youtube.com/watch?v=XzzkSZ0Jrko
• Berne Convention- 1886, literary and
artistic works
• Rome Convention- 1961, phonograms,
performance
• TRIPS Agreement- 1994, programs
• WIPO Copyright Treaty- 1996
• WIPO Phonograms and Performance
Treaty- 1996
149

Trade Secrets
• Information for improved goods or
services
• Best kept trade secret in the world:
Coca Cola- kept in a security vault
• Formula, pattern, device, strategy,
software, business plans, processes,
recipes
• Fair means- independent invention and
reverse engineering
150

Advantages of trade secret protection
• Trade secrets involve no registration
costs;
• Trade secret protection does not require
disclosure or registration;
• Trade secret protection is not limited in
time;
• Trade secrets have immediate effect
151

Trade Secrets get stolen
• External Threats- Spying
• Internal Threats- Employees
152

Protection of Trade secrets
• Unfair competition law / Principle of
torts
• Contract law
• Criminal Law
• Misappropriation by memory
153

Thank you for your
attention
https://www.youtube.com/watch?v=J-PYuZOPrzI

acknowledgement
• Pallavi Kadam
www.ipadventure.in
• Shalaka Tolye
www.ipadventure.in
• Prof. feroz Ali
NPTEL Course IPR and Patents, IITM
• WIPO Portal
155

IPR and Patenting

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