The document discusses opportunities for company secretaries related to intellectual property rights. It provides an overview of the objectives of the seminar, which is to educate about IPR opportunities, the importance of patents and intellectual property, and procedures for protecting different types of intellectual property. It then describes specific opportunities for company secretaries in advising clients about IPR protection, preparing and filing applications, and understanding basic IPR knowledge. The document also provides details about different types of intellectual property rights under Indian law and procedures for obtaining a patent.
The document discusses opportunities and intellectual property rights for company secretaries. It provides an overview of the objectives of the seminar, which are to understand opportunities for CS related to IPR, the importance of patents and intellectual property, and procedures for protecting different types of intellectual property. It then discusses specific opportunities for a company secretary, including advising on IPR protection, preparing applications, and filing them. The document provides a high-level introduction to different types of intellectual property rights under Indian law like patents, trademarks, designs, geographical indications, and copyright. It focuses on explaining patents in more depth, including requirements for patentability, the application process, and examples of what is and is not patentable.
This document discusses opportunities for company secretaries related to intellectual property rights. It provides an overview of the objectives of the seminar, which are to understand opportunities for CS in IPR, the importance of IPR and patents, and procedures for protecting different types of intellectual properties. It then describes some specific opportunities for a CS working as a consultant or with a company, such as advising on IPR protection and preparing applications. The document also provides a basic introduction to intellectual property rights in India including the main types of IPRs and procedures for obtaining patents.
Meaning and definition of intellectual property.
Types of intellectual property,
Patent act of 1970 and amendments (as per WTO agreement)
Background, Object, Definition
Inventions, patentee, true and first inventor,
Procedure for grant of process and product patents,
Right to patentee, infringement, remedies
The document discusses intellectual property rights (IPR) and provides an overview of different types of IPR including copyright, trademarks, geographical indications, industrial designs, patents, integrated circuit layout designs, and undisclosed information. It describes the rationale for IPR as encouraging creative works and innovation through limited-time economic incentives. Balancing individual rights with societal access is also discussed.
This document discusses intellectual property and patents in India. It provides information on:
- What intellectual property and patents are. Patents grant exclusive rights over inventions.
- Key aspects of Indian patent law and amendments over time to make it WTO compliant. Patents are now granted for 20 years and cover all fields of technology.
- Application process for patents in India, including filing requirements and examination process.
- Rights conferred on patent holders and ability to surrender or revoke patents on certain grounds.
The document discusses intellectual property rights (IPR) and provides information on various types of IPR including patents, trademarks, copyrights, and geographical indications. It explains that IPR grants legal rights to exclude others from exploiting intellectual property commercially for a given period. The document also outlines the procedures for obtaining patents and trademarks in Pakistan and describes the roles and functions of the Intellectual Property Organization of Pakistan.
Intellectual Property Rights (IPR) : Patent & patentingJyotismita Saikia
A patent provides the owner exclusive rights to an invention for a limited period of time. There are four types of patents: utility patents, design patents, plant patents, and reissue patents. Inventions must be novel, non-obvious, and industrially applicable to be patented. Business schemes, artistic works, and inventions harmful to life cannot be patented. The patent process in India involves filing, publication, examination, opposition, and grant. While costly, patents provide benefits like protecting intellectual property and creating legal and financial assets.
The document discusses opportunities and intellectual property rights for company secretaries. It provides an overview of the objectives of the seminar, which are to understand opportunities for CS related to IPR, the importance of patents and intellectual property, and procedures for protecting different types of intellectual property. It then discusses specific opportunities for a company secretary, including advising on IPR protection, preparing applications, and filing them. The document provides a high-level introduction to different types of intellectual property rights under Indian law like patents, trademarks, designs, geographical indications, and copyright. It focuses on explaining patents in more depth, including requirements for patentability, the application process, and examples of what is and is not patentable.
This document discusses opportunities for company secretaries related to intellectual property rights. It provides an overview of the objectives of the seminar, which are to understand opportunities for CS in IPR, the importance of IPR and patents, and procedures for protecting different types of intellectual properties. It then describes some specific opportunities for a CS working as a consultant or with a company, such as advising on IPR protection and preparing applications. The document also provides a basic introduction to intellectual property rights in India including the main types of IPRs and procedures for obtaining patents.
Meaning and definition of intellectual property.
Types of intellectual property,
Patent act of 1970 and amendments (as per WTO agreement)
Background, Object, Definition
Inventions, patentee, true and first inventor,
Procedure for grant of process and product patents,
Right to patentee, infringement, remedies
The document discusses intellectual property rights (IPR) and provides an overview of different types of IPR including copyright, trademarks, geographical indications, industrial designs, patents, integrated circuit layout designs, and undisclosed information. It describes the rationale for IPR as encouraging creative works and innovation through limited-time economic incentives. Balancing individual rights with societal access is also discussed.
This document discusses intellectual property and patents in India. It provides information on:
- What intellectual property and patents are. Patents grant exclusive rights over inventions.
- Key aspects of Indian patent law and amendments over time to make it WTO compliant. Patents are now granted for 20 years and cover all fields of technology.
- Application process for patents in India, including filing requirements and examination process.
- Rights conferred on patent holders and ability to surrender or revoke patents on certain grounds.
The document discusses intellectual property rights (IPR) and provides information on various types of IPR including patents, trademarks, copyrights, and geographical indications. It explains that IPR grants legal rights to exclude others from exploiting intellectual property commercially for a given period. The document also outlines the procedures for obtaining patents and trademarks in Pakistan and describes the roles and functions of the Intellectual Property Organization of Pakistan.
Intellectual Property Rights (IPR) : Patent & patentingJyotismita Saikia
A patent provides the owner exclusive rights to an invention for a limited period of time. There are four types of patents: utility patents, design patents, plant patents, and reissue patents. Inventions must be novel, non-obvious, and industrially applicable to be patented. Business schemes, artistic works, and inventions harmful to life cannot be patented. The patent process in India involves filing, publication, examination, opposition, and grant. While costly, patents provide benefits like protecting intellectual property and creating legal and financial assets.
To understand the basic of intellectual property rights like Patents, Trademarks, Copyrights and related rights, Geographical Indications, Industrial Designs,Trade Secrets, Layout Design for Integrated Circuits, Protection of New Plant Variety. by the way of that to understand how to protect this property and use in business
Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application.
a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization.
3. In support of the current legislation, the patent holder can thereby defend his patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company to charge more.
d) With exclusive patent rights, the inventor has long-term control over how the innovation is used.
e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing.
TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment.
COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.
The document discusses various aspects of intellectual property rights including patents, trademarks, copyrights and related terms. Some key points:
- Intellectual property refers to creations of the human mind like inventions, literary works, designs etc. It is protected by patents, copyrights and trademarks which give creators exclusive rights over their creations for a limited time.
- Patents protect inventions and give patent owners exclusive rights to prevent others from commercially exploiting a patented invention without permission. Patents are granted for 20 years and must meet criteria of novelty, inventive step and industrial application.
- Trademarks protect distinctive signs, names or symbols that distinguish goods/services of one enterprise from others. They are registered for 10
This document provides an overview of key concepts in Indian intellectual property law for entrepreneurs, including patents, trademarks, designs, copyright, and geographical indications. It defines these terms and outlines the application processes, eligibility criteria, fees, timelines, and enforcement mechanisms for each type of IP. Key points covered include what can be patented/trademarked, how to file applications, opposition processes, international treaties, and duration of protection. The document aims to simplify IP law concepts for easier understanding and implementation.
This document discusses intellectual property rights in India. It defines intellectual property as creations of the mind like inventions, designs, artistic works and symbols. There are two main categories of intellectual property - industrial property which includes patents, trademarks, and copyright which covers artistic and literary works. The document outlines various types of intellectual property rights in India like patents, trademarks, industrial designs, geographical indications, and copyright. It provides details on the laws governing these rights and concludes that understanding intellectual property rights is important for protecting creations and fueling innovation.
The document provides an overview of patent law in India under the Patents Act. It discusses what constitutes a patent, the objectives of patent law, rights conferred by a patent, requirements for a patent to be granted, non-patentable inventions, process and product patents, surrender and revocation of patents, and infringement of patents. The key points are:
1) A patent provides a monopoly right over an invention for a limited period of time (usually 20 years) in exchange for public disclosure of the invention.
2) The main objectives of patent law are to encourage research and innovation, protect inventors' interests, and promote fair trade practices.
3) To be granted a patent, an invention
Mr. Prem Patil prepared this document on patents under the guidance of Mrs. Swati Gupta at Apeejay Stya University in Sohna. The document discusses intellectual property rights including patents, designs, trademarks, and copyright. It defines what constitutes an invention and provides an overview of the history of patents. The stages to obtain a patent including filing, examination, grant or withdrawal are outlined. The document also discusses who benefits from patents, the rights they provide, and the importance and limitations of patent information.
The document discusses patent disputes in the IT industry. It provides background information on information technology and defines patents. Patents provide exclusive rights to inventors for a limited time in exchange for publicly disclosing inventions. The document outlines patent application requirements and processes. It gives examples of patent disputes between major companies, such as Apple v Samsung over smartphone design patents, where Apple was awarded over $1 billion, and Nokia v RIM related to wireless network technology licensing agreements.
It is a subject taught in Mandsaur University, it includes copyrights, patents, geographical indications, plant variety, trademarks and various conventions and agreement related to IPR
This document provides an overview of patents and the patent process in India. It discusses what an invention is, the different types of patents, the requirements for patentability, and the stages involved in obtaining a patent. Key benefits of patents for patentees and society are outlined. The document also describes patent information, its importance, typical contents of a patent document, and some limitations of the patent system.
The document discusses intellectual property rights (IPR) and provides information on various types of IPR including patents, trademarks, copyright, and industrial designs. It explains that IPR allow creators to benefit from their work and provides incentives for innovation. The document also summarizes India's IPR laws and international agreements on IPR. It notes that India is signatory to several treaties and has enacted laws to be compliant with international standards on patents, copyright, trademarks and other forms of intellectual property.
1. Intellectual property refers to creations of the mind like inventions, literary works, artistic works, symbols and designs used in commerce.
2. IP laws like patents, copyrights, and trademarks aim to protect knowledge created through human effort and promote further creativity by giving owners limited monopoly over their creations.
3. Protecting IP benefits both creators through financial returns and the public through access to new inventions and creative works.
Intellectual property refers to creations of the mind like inventions, literary works, designs, and symbols. IP is protected by law through patents, copyrights, trademarks, and other rights to enable people to benefit financially from what they create. The main types of IP are patents, copyrights, trademarks, geographical indications, industrial designs, and trade secrets. Patents protect inventions, copyrights protect artistic and literary works, trademarks protect signs used in commerce, and other types protect other creations. As technology advances, protecting intellectual property rights is increasingly important for innovation, trade, and the economy.
The document discusses various types of intellectual property (IP) protection in India. It describes copyright, which protects original creative works; trademarks, which protect distinguishing signs for goods/services; patents, which protect inventions; designs, which protect innovative designs; and geographical indications, which protect goods associated with a place of origin. The main IP laws in India are the Copyright Act, Trademarks Act, Patents Act, Designs Act, and Geographical Indications Act. These provide exclusivity for creators/owners over their works/creations for certain time periods and regulate registration and protection of IP rights.
The document discusses patents and the patent system in India. It defines a patent as a government-granted intellectual property right given to an inventor to exclude others from commercially exploiting a new product or process for a limited period. It outlines the criteria for patentability - novelty, inventive step, and industrial applicability. It also summarizes the types of patent applications under the Indian Patents Act of 1970 as amended in 2005, the process for filing a patent application, and key aspects of patent specifications and international treaties governing patents.
The document discusses different types of intellectual property rights including patents, copyrights, trademarks, and trade secrets. Patents protect inventions and provide exclusive rights to the inventor for a limited time. Copyrights protect original creative works like books, music, and art and provide automatic protection without registration. Trademarks protect distinctive signs and symbols that identify commercial goods and services. Trade secrets protect confidential business information. The document outlines the requirements and types of patents and copyright protections under intellectual property law.
This document discusses intellectual property rights (IPR) legislation and patents in India. It provides an overview of the major IPR legislations in India covering patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses requirements for patent registration, international IPR treaties and agreements India is a signatory to, types of patents, and limitations of patents. The document focuses on the Patents Act of 1970 and key aspects of the Indian patent system such as patentable and non-patentable inventions. It also distinguishes between process and product patents.
This document discusses various intellectual property rights (IPR), including whether registration is required for protection. It notes that while patents, registered designs, and trademarks require registration, copyright protection exists automatically upon creation of the work. Registration for copyrights is not mandatory but provides certain legal advantages. The document also examines the registration processes and benefits of registering for patents and trademarks. Overall, it analyzes and compares the registration requirements for different types of IPR.
The document discusses intellectual property laws in India, focusing on patents, copyright, and trademarks. It provides definitions and requirements for patents, inventions that can and cannot be patented, the patent application process, rights conferred to patent holders, and provisions for compulsory licensing. For copyright, it discusses what works are protected, rights of copyright holders, and the registration process. For trademarks, it defines trademarks, their purpose and functions, and provisions regarding registrability including absolute and relative grounds for refusal of registration.
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To understand the basic of intellectual property rights like Patents, Trademarks, Copyrights and related rights, Geographical Indications, Industrial Designs,Trade Secrets, Layout Design for Integrated Circuits, Protection of New Plant Variety. by the way of that to understand how to protect this property and use in business
Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application.
a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization.
3. In support of the current legislation, the patent holder can thereby defend his patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company to charge more.
d) With exclusive patent rights, the inventor has long-term control over how the innovation is used.
e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing.
TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment.
COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.
The document discusses various aspects of intellectual property rights including patents, trademarks, copyrights and related terms. Some key points:
- Intellectual property refers to creations of the human mind like inventions, literary works, designs etc. It is protected by patents, copyrights and trademarks which give creators exclusive rights over their creations for a limited time.
- Patents protect inventions and give patent owners exclusive rights to prevent others from commercially exploiting a patented invention without permission. Patents are granted for 20 years and must meet criteria of novelty, inventive step and industrial application.
- Trademarks protect distinctive signs, names or symbols that distinguish goods/services of one enterprise from others. They are registered for 10
This document provides an overview of key concepts in Indian intellectual property law for entrepreneurs, including patents, trademarks, designs, copyright, and geographical indications. It defines these terms and outlines the application processes, eligibility criteria, fees, timelines, and enforcement mechanisms for each type of IP. Key points covered include what can be patented/trademarked, how to file applications, opposition processes, international treaties, and duration of protection. The document aims to simplify IP law concepts for easier understanding and implementation.
This document discusses intellectual property rights in India. It defines intellectual property as creations of the mind like inventions, designs, artistic works and symbols. There are two main categories of intellectual property - industrial property which includes patents, trademarks, and copyright which covers artistic and literary works. The document outlines various types of intellectual property rights in India like patents, trademarks, industrial designs, geographical indications, and copyright. It provides details on the laws governing these rights and concludes that understanding intellectual property rights is important for protecting creations and fueling innovation.
The document provides an overview of patent law in India under the Patents Act. It discusses what constitutes a patent, the objectives of patent law, rights conferred by a patent, requirements for a patent to be granted, non-patentable inventions, process and product patents, surrender and revocation of patents, and infringement of patents. The key points are:
1) A patent provides a monopoly right over an invention for a limited period of time (usually 20 years) in exchange for public disclosure of the invention.
2) The main objectives of patent law are to encourage research and innovation, protect inventors' interests, and promote fair trade practices.
3) To be granted a patent, an invention
Mr. Prem Patil prepared this document on patents under the guidance of Mrs. Swati Gupta at Apeejay Stya University in Sohna. The document discusses intellectual property rights including patents, designs, trademarks, and copyright. It defines what constitutes an invention and provides an overview of the history of patents. The stages to obtain a patent including filing, examination, grant or withdrawal are outlined. The document also discusses who benefits from patents, the rights they provide, and the importance and limitations of patent information.
The document discusses patent disputes in the IT industry. It provides background information on information technology and defines patents. Patents provide exclusive rights to inventors for a limited time in exchange for publicly disclosing inventions. The document outlines patent application requirements and processes. It gives examples of patent disputes between major companies, such as Apple v Samsung over smartphone design patents, where Apple was awarded over $1 billion, and Nokia v RIM related to wireless network technology licensing agreements.
It is a subject taught in Mandsaur University, it includes copyrights, patents, geographical indications, plant variety, trademarks and various conventions and agreement related to IPR
This document provides an overview of patents and the patent process in India. It discusses what an invention is, the different types of patents, the requirements for patentability, and the stages involved in obtaining a patent. Key benefits of patents for patentees and society are outlined. The document also describes patent information, its importance, typical contents of a patent document, and some limitations of the patent system.
The document discusses intellectual property rights (IPR) and provides information on various types of IPR including patents, trademarks, copyright, and industrial designs. It explains that IPR allow creators to benefit from their work and provides incentives for innovation. The document also summarizes India's IPR laws and international agreements on IPR. It notes that India is signatory to several treaties and has enacted laws to be compliant with international standards on patents, copyright, trademarks and other forms of intellectual property.
1. Intellectual property refers to creations of the mind like inventions, literary works, artistic works, symbols and designs used in commerce.
2. IP laws like patents, copyrights, and trademarks aim to protect knowledge created through human effort and promote further creativity by giving owners limited monopoly over their creations.
3. Protecting IP benefits both creators through financial returns and the public through access to new inventions and creative works.
Intellectual property refers to creations of the mind like inventions, literary works, designs, and symbols. IP is protected by law through patents, copyrights, trademarks, and other rights to enable people to benefit financially from what they create. The main types of IP are patents, copyrights, trademarks, geographical indications, industrial designs, and trade secrets. Patents protect inventions, copyrights protect artistic and literary works, trademarks protect signs used in commerce, and other types protect other creations. As technology advances, protecting intellectual property rights is increasingly important for innovation, trade, and the economy.
The document discusses various types of intellectual property (IP) protection in India. It describes copyright, which protects original creative works; trademarks, which protect distinguishing signs for goods/services; patents, which protect inventions; designs, which protect innovative designs; and geographical indications, which protect goods associated with a place of origin. The main IP laws in India are the Copyright Act, Trademarks Act, Patents Act, Designs Act, and Geographical Indications Act. These provide exclusivity for creators/owners over their works/creations for certain time periods and regulate registration and protection of IP rights.
The document discusses patents and the patent system in India. It defines a patent as a government-granted intellectual property right given to an inventor to exclude others from commercially exploiting a new product or process for a limited period. It outlines the criteria for patentability - novelty, inventive step, and industrial applicability. It also summarizes the types of patent applications under the Indian Patents Act of 1970 as amended in 2005, the process for filing a patent application, and key aspects of patent specifications and international treaties governing patents.
The document discusses different types of intellectual property rights including patents, copyrights, trademarks, and trade secrets. Patents protect inventions and provide exclusive rights to the inventor for a limited time. Copyrights protect original creative works like books, music, and art and provide automatic protection without registration. Trademarks protect distinctive signs and symbols that identify commercial goods and services. Trade secrets protect confidential business information. The document outlines the requirements and types of patents and copyright protections under intellectual property law.
This document discusses intellectual property rights (IPR) legislation and patents in India. It provides an overview of the major IPR legislations in India covering patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses requirements for patent registration, international IPR treaties and agreements India is a signatory to, types of patents, and limitations of patents. The document focuses on the Patents Act of 1970 and key aspects of the Indian patent system such as patentable and non-patentable inventions. It also distinguishes between process and product patents.
This document discusses various intellectual property rights (IPR), including whether registration is required for protection. It notes that while patents, registered designs, and trademarks require registration, copyright protection exists automatically upon creation of the work. Registration for copyrights is not mandatory but provides certain legal advantages. The document also examines the registration processes and benefits of registering for patents and trademarks. Overall, it analyzes and compares the registration requirements for different types of IPR.
The document discusses intellectual property laws in India, focusing on patents, copyright, and trademarks. It provides definitions and requirements for patents, inventions that can and cannot be patented, the patent application process, rights conferred to patent holders, and provisions for compulsory licensing. For copyright, it discusses what works are protected, rights of copyright holders, and the registration process. For trademarks, it defines trademarks, their purpose and functions, and provisions regarding registrability including absolute and relative grounds for refusal of registration.
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2. Objectives of the seminar
To know about the opportunities for CS in respect of
Intellectual Property Rights (IPRs).
To know about importance of intellectual property
rights (IPRs) and patent.
To understand the procedures of protecting different
kinds of intellectual properties (IPs).
To clarify doubts, misunderstanding and uncertainties
about the IPs and IPRs.
2
3. Opportunities for a company secretory (CS)
If a CS is working as a company consultant then following
opportunities are there;
A CS can advise his / her client about the protection of
the intellectual properties (Patent, Trade Mark, Design,
Copyright and Geographical Indications)
A CS can prepare applications for the registration
design, copyright and / or GI and can file these
applications at the respective offices for his / her client
after getting these signed by the clients.
Some time a CS is also an advocate then in that case the
CS can sign all the above mentioned IP applications
himself / herself and can file the IP registration
applications at the respective IP offices.
May 10, 2023 3
4. Opportunities for a company secretory (CS)
Unfortunately a CS can not sign any document to be
filed at the Patent Office unless he / she is registered
patent agent / attorney.
And if a CS is working with a company as a Company
Secretory then he / she can advise the company about the
protection of the IPRs and for that a CS should have basic
knowledge about the IPRs.
May 10, 2023 4
5. Introduction, IP and IPR
Intellectual Property (IP) - is a property created by a person
/ persons using his / her own intellect for ultimate use in
commerce and which is not available in the public domain.
Examples of IP are, an invention relating to a product or
process, a new design of an article, a literary or artistic work
and a trademark (a word, a symbol and / or a logo, etc.),
May 10, 2023 5
6. Introduction continue ..
Intellectual Property Right (IPR) is the statutory
right granted by the Government, to applicant(s)
or owner(s) of an intellectual property (IP) to
exclude others from exploiting the IP
commercially for a given period of time, in lieu of
the discloser of his/her IP in an IPR application.
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7. Importance of IPRs in general
Why should an IP be protected?
IP is an assets and can be exploited by the owner
for commercial gains
IP owner can stop others from manufacturing and
selling products and services which are dully
protected by the IP owner
IP owner can sell and/or license the IP for
commercial gains
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8. Importance of IPRs cont. ..
IP can be used to establish the goodwill and brand
value in the market.
Inventor, creator or author of an IP can mention
about the IP in his/her resumes and thus show
their competence
IPR certificate establishes legal and valid
ownership about an intellectual property
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9. Kinds of IPRs
IPRs are protected in accordance with the provisions of the
corresponding legislations of a country. In India, IPRs can be
protected and monopolized under the provisions of
different Acts, mainly, for example,
1- The Patent Act, 1970, 2- The Designs Act, 2000, 3- The
Trade Mark Act, 1999, 4- The Geographical Indications of
Goods Act, 1999, 5- The Copyright Act, 1957, 6- Protection
of Integrated Circuits Layout and Designs Act, 2000, 7-
Protection of Plant Varieties and Farmers Rights Act, 2001,
and also Trade Secret
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10. Kinds of IPRs Cont. ..
Patent (to protect technologies - The Patent Act)
Trade Mark (to protect words, signs, logos, labels –The
Trade Mark Act)
Design (to protect outer ornamental configuration –The
Designs Act)
Geographical Indications (GI) (to protect region specific
product –The Geographical Indications of Goods Act)
Copyright (to protect literary and artistic work –The
Copyright Act)
All kinds of IPRs are territorial rights
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11. Patent
Patent is an exclusive monopoly right granted to an
applicant/patentee by the Govt., for a limited period to
practice the invention (manufacture, use and sale), in lieu
of the information (best known method) disclosed to the
Govt. with regard to an invention.
The Patent confers rights to the patentee to exploit the
patent for commercial gains and also to stop others from
manufacturing, and selling the patented products/process.
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An invention in general mans a new discovery,
relating to a product (machine) or process, even to an
existing module or idea.
• An invention according to Indian Patent Act [Section
2(1)(j)] means:
i- a new product or process;
ii- involving an inventive step; and
iii- Capable of industrial application.
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Therefore any:
- product (e.g. device, machine, composition)
- process (used for preparing a tangible product), is
patentable;
Only if the product or process is:
- new (novel)
- involving an inventive step (non-obvious) and is
- of industrial use (useful)
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Procedure for grant of a patent?
Filing a patent application along with the required documents,
Publication of the patent application (18 months publication),
Filing a request for examination,
Filing a pre-grant opposition by an interested person,
Examination of the patent application based on the turn of the
request for examination,
Filing reply to comply with the requirements of the objections
raised by the patent office,
Attending hearing, if any,
Acceptance or rejection of the patent application,
Publication grant of the patent application,
Filing a post-grant opposition by an interested person,
Grant of patent
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Documents required to file a patent application
Application form (Form 1),
Specification (Form 2),
Drawings (if needed to describe the invention clearly and
sufficiently),
Undertaking under section 8 (form 3),
Declaration of inventorship (Form 5, in case complete
specification is filed after provisional),
Document to claim priority (in case of a conventional
application), and
Power of Authority (if the patent application is filed through
a patent attorney)
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Patent specification; two types
1. Provisional Specification -comprises mainly little
description regarding the invention,
2. Complete specification –comprises
i. Description and ii. Claims
i. Description(technology section)
- Describes the BEST MODE, in detail, which the
inventor considers for practicing the invention
- Enables others skilled in the art to make and use the
invention without undue experimentation
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ii. Claims (legal section)
- KEY to all patents
- Protects legal rights of the patentee
- Defines the legal boundaries of the granted
exclusive rights, i.e., determines exactly what the
inventor is entitled to exploit commercially and
exclude others from practicing (making, using,
selling, importing and/or offering for sale)
inventor’s invention.
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Who can apply for a patent?
A true and first inventor who holds the
rightful ownership in the invention
A person who is an assignee/legal
representative of the first and true inventor
A legal heir of the first and true inventor in
case of demise of the true and first inventor.
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Where to file a patent application?
Patent Office Delhi -The States of Haryana, Himachal
Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar
Pradesh, Uttarakhand, National Capital Territory of Delhi
and the Union Territory of Chandigarh.
Patent Office Mumbai-The States of Gujarat,
Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the
Union Territories of Daman & Diu and Dadra & Nagar
Haveli.
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Patent Office Chennai -The States of Andhra
Pradesh, Karnataka, Kerala, Tamil Nadu and the
Union Territories of Pondicherry and Lakshadweep.
Patent Office Kolkata -Rest of India (States of Bihar,
Orissa, West Bengal, Sikkim, Assam, Meghalaya,
Manipur, Tripura, Nagaland, Arunachal Pradesh and
Union Territory of Andaman and Nicobar Islands)
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Term (life) of a patent
The term of the patent according to the amended
Patent Act is 20 years from the date of patent.
Govt. fee for filing a patent application
The Government fee in India for filing a patent application
is as follows;
1. Individual -Rs.16o0/-,
2. Other than individual, like MSME -Rs. 4o00/-, and
3. Pvt. and / or Public Ltd. Company -Rs. 8o00/-
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Opposition of a patent - Section 25 of the Patent Act
a) Applicant – wrongly obtained the invention ….
b) Publication before priority date of patent application.
c) Prior claiming
d) Invention publicly known
e) Obvious – no inventive step
f) No invention as per the Patent Act
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Opposition of a patent ..
a) Invention not described clearly and sufficiently
b) Undertaking under sec. 8, about foreign filing
c) Convention application not filed in 12 months
d) No disclosure about source or geographical origin
e) Anticipation – traditional knowledge
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Revocation of a patent
Yes, a patent cab be revoked, at any time, on the similar
grounds as applicable in case of an opposition. The
revocation application is to be filed at the office of the
Intellectual Property Appellate Board (IPAB) established
by the Govt. of India under the provisions of the
amended Patent Act.
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What is PCT and how is a PCT application
initiated?
Patent Cooperation Treaty (PCT) is an International
treaty which provides facility, to an applicant of the
member country, to file a single patent application and
designate the countries in which the applicant wants
to protect the invention. This is known as
international phase of the patent application filed
under PCT.
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Where can a PCT application be filed?
A PCT application can be filed by the applicant either
at the national receiving office in his/her own country
or at the office of international Bureau (WIPO),
Geneva.
The applicant can claim the date of filing as the
priority date in other countries during national phase
entry.
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What is not patentable?
An invention contrary to well established natural
laws, for example perpetual motion, gravitational
force etc..
An invention contrary to laws of public health
and morality, for example, toxic drugs, food
items, drinks, etc..
Mere discovery of scientific principles or
formulations of an abstract theories or mere
discovery of any living thing or non-living
substance occurring in nature.
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What is not patentable cont. ..?
Mere discovery of any new property or new use
for known substance unless the efficacy of that
substance is increased or mere use of a known
process or machine
Substance obtained by mere ad mixture resulting
only in the aggregation of the properties of the
components - no new product
Mere arrangement or rearrangement of the
known devices working independently in a
known manner
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What is not patentable cont. ..?
A method for agriculture and horticulture
Any methods of treatment of human beings, or
animals
Plants and animals in whole or any part thereof
other than microorganism0
A mathematical or business method or a
computer program per se or algorithms
A literary, dramatic, musical, artistic work, etc.
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What is not patentable cont. ..?
A mere scheme or rule or method of performing
mental act or method of playing game
A presentation of information
Topography or integrated circuits
An invention relating to the traditional
knowledge
An invention relating to Atomic Energy (Sect. 4)
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32. Quiz
Which of the following is patentable?
An abstract idea: transporter
A law of nature: gravity
A natural phenomenon: lightning, earthquake
Mathematical algorithms per se: quadratic formula
Isolation of a microorganism present in nature.
A mere admixture of the known substances not
resulting into a new product.
Mere arrangement or rearrangement of the known
device working inter-dependently.
A microorganism isolated from a natural product.
Treatment of human being or plant.
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33. Quiz Cont. ..
Discovery of new use or new property of a known
substance.
A genetically modified microorganism by human
intervention.
Discovery of new living thing or non-living substance
available in nature.
Computer program per-se.
A literary or artistic work.
Method of presentation.
An invention relating to atomic energy.
An invention relating to traditional knowledge.
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35. Geographical Indications
Geographical Indication (GI) means an indication of
goods as originating, produced, processed or prepared
in a specific geographical area or territory of a country,
where a given quality, reputation or other
characteristics of such goods are essentially
attributable to its geographical origin.
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Importance of GI
The GI is important because it;
provides a particular indication (mark and/or
logo) to be used by the people(s) of that area who
are involved in producing a unique product
having unique properties and/or advantages;
helps a purchaser or user of the goods to identify
the goods manufactured and/or produced in a
particular geography;
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40. Importance of GI cont ..
helps the manufactures and/or producers of that
area to establish goodwill in the market with
regard to their goods and/or product;
owner of the GI can stop use and adoption of the
same GI, and/or deceptively similar GI to the
registered GI, by any person(s) not authorized by
the owner even of the same area for which the GI
has been registered.
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What can be registered as a GI?
Any name, geographical or figurative
representation or any combination thereof
conveying or suggesting the geographical origin
of the goods to which it applies.
What is not registered as a GI?
Following are not registerable as a GI;
the use of which would be likely to deceive or cause
confusion; or
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42. Not registerable as GI cont. ..
the use of which would be contrary to any law for the
time being in force; or
which comprises or contains scandalous or obscene
matter; or
which comprises or contains any matter likely to heart
the religious sentiments of any class or section of the
citizens of India; or
which would otherwise be disentitled to protection in
a court; or
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43. Not registerable as GI cont. ..
generic names or indications of goods and are,
therefore, not or ceased to be protected in their
country of origin or which fallen into disuse in that
country; or
which although literally true as to the territory, region
or locality in which the goods originate, but falsely
represents that the goods originates another territory,
region or locality, as the case may be,
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Who can apply for the registration of a GI?
An association of producers or an organization
or authority established by or under any law,
representing interests of the producers of the
concerned goods and desirous to register a GI in
relation to such goods, can apply for the
registration of a GI.
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What are the particulars needed to file a GI
application?
Mainly following particulars are needed;
representations of any name, geographical or
figurative representation or any combination thereof
conveying or suggesting the geographical origin of
the goods to which it applies,
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statement as to how the GI serves to designate
the goods, as originating from the concerned
territory or region of the country, in respect of
specific quality, reputation or other
characteristics which are due to exclusively or
essentially to the geographical environment with
its inherent natural and human factors,
the geographical map of the area,
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47. Particulars needed Continue ..
statement containing particulars of the
producers,
other particulars as prescribed in the
application form, and
A power of authority, if the application is being
filed through a patent attorney.
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What is the Govt. fee to file a GI registration
application?
The Government fee to file a design application is
only Rs. 5000.00 (Five Thousand, only).
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Who can use a GI?
Only the person(s), who has/have been authorized
by the registered owner of the GI and particulars of
whom have been incorporated in Part B of the
Register of GI at the office of GI, can use the GI.
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What is the life (term) of a GI?
The GI is registered for a period of 10 years, initially
and can be renewed from time to time. Thus, a GI
can be kept in force so long as it is renewed in a
timely manner every after 10 year’s interval.
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Can a GI registration be opposed?
Yes, registration of GI can be opposed by any
person within three months from the date of
advertisement of an application for registration,
in a prescribed manner and with a prescribed
fee. The person (opponent) has to file a notice
of opposition in writing in a prescribed manner
and with the prescribed fee.
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Is it possible to re-register a registered GI?
Yes, a GI can be re-registered for different goods
included in different classes by the registered owner of
the GI.
Is it possible to restore a GI, if removed from the
register, due to non-payment of the renewal fee?
Yes, a GI can be restored by filing a request ,in a
prescribed manner with the prescribed fee and in the
prescribed time period, to restore the GI.
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What is the effect of registration of a GI?
The registration of a “GI” grants legal rights to
stop unauthorized use of the registered GI even
by the people of that geographical area.
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Editor's Notes
Asset means that IPRs is an intangible property, but it can be enjoyed in the same manner as that of any other immovable property.
Note – Give example of Dr. Sharma of Central Drug Research Institute – Lucknow, who has obtained several patents.
The Trade Secret (no Act exists in India)
Explanation – 1 - Every invention is NOT a patentable invention.
2 - An invention relating to a substantial improvements made even on the existing product or process is patentable, if fulfills the above criterion of an invention
Explanation – A request, in a prescribed form and with the prescribed fee, may be filed for an early publication of a patent application. Also, a request for express examination application in case of a national phase patent application, in continuation of a PCT application, is filed.
Explanation – Earlier the revocation application used to be filed at the High Court. Even now if a case of patent infringement is filed at the District court and if the opponent files a counter statement then the whole case is to be transferred to the high court.
Explanation – 1. The word Indication according to the GI of Goods Act means any name, geographical or figurative representation or any combination thereof conveying or suggesting the geographical origin of the goods to which it applies.
2. Goods may include agricultural, natural, or manufactured goods.
Explanation – Owner of a GI can not be an individual, but a group of people or an association of persons representing all the producers of that Geographical area, can be the owner of the GI. However, the registered GI can be used by all the producers of the goods/products with the permission of the owner of GI.
Explanation : 1. A GI can be used only by the registered user of the GI and any person of that area can becomes registered user of the GI if he is involved in the business and promises to maintain the quality of the goods for which the GI has been registered.
2. Part B of the GI register is to enter particulars of the registered user of a GI and Part A of the GI register is to enter particulars of the registered owner of the GIs.
Explanation – Similarly, a registered user of a GI has to renew his user registration every after 10 year’s interval.