awareness on intellectual property and its use for every one

1. Intellectual Property Rights
 Dr.N.V.Srinivasulu

2. OUTLINE
 INTRODUCTION
 WHAT IS AN INVENTION
 PATENTS
 CASE STUDIES
 SOME FACTS
 FORWARD PATH

3. INTRODUCTION
Necessity is the mother of Invention
A famous coat
LINCOLN QUOTES:
“ The patent system added the fuel of interest to fire of genius.”

4. WHAT IS AN INVENTION?
18.1.2012 4

5. WHAT IS AN INVENTION
 Invention is a new product or process that solves a technical problem
 This is different from Discovery which means something that already
existed but had not been found
 Inventions lead to discoveries
Ex: Telescope and mountains of the moon
Telescope: Invention
Mountains of the moon: Discovery
 Most of the things surrounding us are inventions ex, chair, pen
18.1.2012 5

6. INVENTIONS IMPROVE OUR LIVES
 Inventions make our life easier: car
 Inventions increase our knowledge of the world: Microscope
 Inventions entertain us: Television
 Inventions save our life: Fire extinguishers
18.1.2012 6

7. IMPROVING PAST INVENTIONS
 Not every invention has to provide a completely new solution
 Some very good inventions are improvements on previous inventions
2000
Memory sticks
1980
Floppy disks
18.1.2012
1990 7
CD

8. WHAT HAPPENS IF AN INVENTION
NOT PROTECTED
 Inventions that are not protected could be copied, sold and distributed by
anybody
 Inventors may miss out the money they suppose to get.
 Without a protection, it is more difficult to license the inventions to
others
 Often the case could be, when the inventor won’t disclose his invention
with the public or he won’t protect his invention, there may be a chance
that, at some point of time, another inventor might come up with same
invention and he may proceed for protecting it
18.1.2012 8

9. HOW TO PROTECT INVENTIONS
 Inventions are very important to all of us that we should encourage all
talented inventors to keep inventing.
 One way to encourage inventors is by preventing people from stealing
their inventions
Intellectual Property Rights: Best Protection
PATENTS- In particular
18.1.2012 Dr N V Srinivasulu 9

10. INTELLECTUAL PROPERTY RIGHTS
Rights on the property resulted by intelligence
 Patents
 Trademarks
 Trade secret
 Copyrights
 Geographic Indications
18.1.2012 Dr N V Srinivasulu 18.1.2012 10

11. IPR – A SAMPLE
Trademark
Design
Patents
Script & User Manual - Copyright
18.1.2012 Dr N V Srinivasulu 11

12. WHAT IS A PATENT
A patent is a set of exclusive rights granted by a state to an inventor or his
assignee for a fixed period of time in exchange for a disclosure of an
invention
Patent is a grant
 for an invention
 by the Government
 to the inventor
 in exchange for full disclosure of the invention
 to debar others to exploit the invention for commercial success
 for a limited period
 within the geographical boundaries of the Nation
18.1.2012 12

13. WHAT IS A PATENT
A patent is similar to a REAL ESTATE title in two ways.
 First, it confers ownership of the invention.
 Second, it describes the invention in very precise terms.
These terms are referred to as “CLAIMS”
18.1.2012 13

14. PREREQUISITES FOR A PATENT
A patent is always granted for an invention.
The criteria for an invention to be patentable are
1) It must be new (Novel)
2) It must have an inventive step (Non-obvious)
3) It must be capable of industrial application (Industrially applicable)
18.1.2012 14

15. WHAT DOES A PATENT CONTAIN
Patent document generally comprises of
 Bibliography,
 Abstract
 Field of the invention
 Background of Art
Detail Description
 Claims
 Drawings/Workable Examples
18.1.2012 15

16. TYPES OF PATENTS
Three kinds of patents
Utility Patents
New and useful process, machine, article of manufacture, or composition of
matter
Design patents
New, original and ornamental design of an article of manufacture
Plant patents
Given to someone who invents or discovers and asexually reproduces a new
variety of plant.
18.1.2012 16

17. PATENTING
 Why
 When
 How
 Where
18.1.2012 17

18. WHY TO PATENT
• To encourage innovations
• Reward for the amount of time spent on developing the idea
• Protection to the inventors
• Beneficial to society
• Contribute to economic development
• Patents are wonderful source of information
18.1.2012 18

19. WHEN TO PATENT
 Is the concept is truly new
For a patent to be get granted, invention must be new
 Have you done your homework
Prior art search
 Any economic analysis
Financial support
 Does the field welcome Innovation
Should know what is patentable under law
18.1.2012 19

20. WHO CAN APPLY FOR PATENT
Any person (either alone or jointly)
 who is true and first inventor or
 Inventor’s assignee or
 legal representative of the deceased inventor
18.1.2012 © AIPC Pvt. Ltd 2011 20

21. HOW IS PATENT OBTAINED
 Inventor files the full disclosure of the invention in patent office
 Patent Office
 Conducts searches to ascertain prerequisitites
 Publishes the application
 Conducts In-depth examination
 Grants a patent
18.1.2012 © AIPC Pvt. Ltd 2011 21

22. WHO ARE THE BENEFICIARIES OF
PATENT GRANT
The Inventor
Secure from the competitors
The Public
Invention becomes public knowledge
Technology would be free after Patent expiry
 Cheaper and better products available
18.1.2012 © AIPC Pvt. Ltd 2011 22

23. CASE STUDIES
 TURMERIC
 BAJAJ Vs TVS
 MICROSOFT Vs i4i
18.1.2012 © AIPC Pvt. Ltd 2011 23

24. CASE STUDIES - TURMERIC
 Turmeric is a tropical herb grown in East India
 Powdered product made from the rhizomes of its flowers has several
popular uses worldwide
 Dye
 Cooking Ingredient
Patent
U.S. patent on turmeric was awarded to the University of Mississippi
Medical Center in 1995, specifically for the "use of turmeric in wound
healing
This patent also granted them the exclusive right to sell and distribute
turmeric
18.1.2012 © AIPC Pvt. Ltd 2011 24

25. CASE STUDIES - TURMERIC
Two years later,
Complaint was filed by India's Council of Scientific and Industrial Research
(CSIR), challenging the novelty of the University's "discovery,”
The U.S. patent office investigated the validity of this patent.
In 1997, the patent was revoked
Typical case of Biopiracy
18.1.2012 © AIPC Pvt. Ltd 2011 25

26. CASE STUDIES – BAJAJ Vs TVS
On July 7, 2005, Bajaj was granted a patent with a priority date of July 16,
2002.
The title of the patent application was “An improved Internal Combustion
Engine working on four stroke principle.”
The invention was called “DTS-i Technology” and it related to the use of
twin spark plugs
In 2003, Bajaj launched “Pulsar,” a motorcycle which employed the DTS-i
Technology
18.1.2012 26

27. CASE STUDIES – BAJAJ Vs TVS
In 2007, TVS announced the launch of a 125 cc motorcycle under the trademark
“Flame” which was to be powered by lean burn internal combustion engine of
bore size 54.5 mm with a twin spark plug configuration just like Bajaj
TVS stated that on September 1 & 3, 2007, Bajaj had issued certain groundless
threats to dissuade TVS from launching “Flame.”
In October 2007, TVS filed a suit under section 105 & 106 of the Act in the
Madras High Court, alleging that the statements made by Bajaj on September 1
& 3, 2007 constituted groundless threats
Upon the announcement by TVS, Bajaj filed a suit for permanent injunction
under section 108 of the Act in the Madras High Court to restrain TVS from
using the internal combustion technology patented by Bajaj
18.1.2012 27

28. CASE STUDIES – BAJAJ Vs TVS
Order of the Single Bench of the Madras High Court
The Madras High Court restrained TVS from launching the proposed
125-cc Flame motorcycle with the twin spark plug engine technology, as
Bajaj prima facie enjoyed the right of exclusive usage
Order of the Division Bench in Appeal
TVS preferred an appeal before the Division Bench of the Madras High
Court
The Division Bench further observed that the operation of the invention
as claimed by the Bajaj appears to be plug centric and that of TVS was
valve centric
Order of the Supreme Court
Bajaj preferred an appeal before the Supreme Court
Although TVS shall be entitled to sell its motorcycle ‘Flame,’ but it shall
maintain an accurate record of its entire domestic and international sale
and directed the Madras High Court to appoint a receiver in this
connection
18.1.2012 28

29. CASE STUDY - MICROSOFT VS i4i
 i4i has patent on custom XML support
 Patent Number: US 5787449
The case:
On March 8, 2007, i4i lodged infringement case on Microsoft by stating
“Microsoft has used without authority its XML support in Word 2003, word
2007, windows vista and net framework”
In other sense, "any Microsoft Word products that have the capability of
opening .XML, .DOCX or DOCM files (XML files) containing custom XML,"
18.1.2012 © 29

30. CASE STUDY - MICROSOFT VS i4i
The Decision:
On August 11, 2009, Texas jury has given the following judgment
 Microsoft has willfully infringed the i4i patent(5787449)
 Ordered Microsoft to stop selling Microsoft Word unless it removed the
infringing technology
 On the part of damages, Microsoft has to pay $200 million to i4i
 Microsoft said it planned to remove the feature from all copies of
Microsoft Word 2007 that will be sold on or after January 11, 2010
 Word 2010 is being designed without the infringing technology
18.1.2012 30

31. SOME FACTS
 Ring-pull cans: Inventor licensed the system to Coca-cola at
1/10 of a penny per can. During the period of validity of the patent
the inventor received 148,000 UK pounds a day on royalties
 Amazon.com protected its business method by patenting its
one-click method. This not only aided the company in protecting
its methodology from competitors, but also helped it in creating a
niche for itself amongst a multitude of shopping portals.
 Microsoft has moved from 1 patent in 1990 to over 2500 patents
in 2002.
 Gillette Mach 3 is protected by a strong portfolio of 35 patents
(including patents on the manufacturing process), which deters
competitors from entering the “triple-blade razor” market.
18.1.2012 31

32. SOME FACTS
 Alexander Graham bell applied for a patent for the telephone on
Feb 14, 1876, only a few hours before another inventor named
Elisha Grey handed his application for a telephone as well.
 Had Bell waited one more day to apply for a patent, Elisha grey
would today considered as inventors of the telephone
 Patent number 174,465 issued in 1876
18.1.2012 32

33. SOME FACTS
Thomas Edison:
 Has received nearly 1093 patents during his life
 He didn't actually invent the light bulb. What he did was improve
on a fifty year old idea
 Two Canadian friends, Henry and Mathew patented an
incandescent light bulb in 1874.
 They later sold the patent rights to Edison
 Edison conducted thousands of experiments on the improvements
of incandescent bulb
 Later in 1879, Edison showed his Incandescent lamp to the world
18.1.2012 33

34. SOME FACTS
 Abraham Lincoln is the only United States President to receive a patent.
Patent number 6,469
 Statue Of Liberty
Frederic Auguste Bartholdi for his design of the Statue Of Liberty
 Paperclips
Invented in the late 1800s, there have been numerous patents on different
paperclip designs over the years
 Post-Its
Invented and patented by the 3M corporation; basically a piece of paper with
adhesive applied to it
 Rubber bands
First invented in the 1800s, rubber bands took the world by storm.
They were patented in 1845 by Stephen Perry.
No one has since improved on the basic rubber band design - maybe there's a
new invention waiting to happen!
18.1.2012 34

35. TREND OF APPLICATIONS FILED
Patent filings at Indian Patent office (IPO)
The IPO output has been increasing, as can be seen in the 20% growth in the number of granted patents.
During 2008–09, the IPO awarded 18,230 patents as against the 15,262 granted in the previous fiscal year

36. NEED TO IMPROVE
As per the trends published by Indian Patent Office (IPO)
 The number of applications for patents filed in 2007-2008 was 35,218,
 Out of which the applications for patents originated in India were only
6,040
 i.e. contributing approximately 17%
 Majority of the remaining applications (more than 23000) came
through PCT National Phase route by foreign residents
18.1.2012 36

37. Comparative filings of neighboring
countries
As per the trends released by World Intellectual Property Organization
(WIPO) for 2007
Patent filings
 More than 4 lakhs in Japan
 Around 1.57 lakhs in China
Filing of PCT international application
 Around 28 thousand by Japan
 Around 4 thousand by China
18.1.2012 37

38. SOME INITIATIVES TO SPREAD
IP AWARENESS
 Early-stage awareness
Introducing the topics related to patent at the elementary school level
 Universities, research centers and academia should popularize the IP
 Regular workshops and seminars
To sensitize the young entrepreneurs
 An IP policy under separate Ministry
 Media
18.1.2012 38

39. FORWARD PATH
Lets spread the patent literacy or
awareness for the economic,
social and cultural development
of INDIA
18.1.2012 39

40. Intellectual Property rights is to help
Students,
Industrialists, and
Individuals
to secure their inventions and to impart knowledge on
patents
18.1.2012 40

41. HOW IPR CAN BENEFIT STUDENTS
Many times students invent ideas without even realizing it.
If we ask students if there was ever a time when they were playing with a
game or a toy that they wished it worked a different way or had been created
in a completely different manner, most of the students will say `YES’.
18.1.2012 41

42. HOW IPR CAN BENEFIT STUDENTS
After analyzing the ideas of the students, IPR will help students in obtaining
Patents for their inventive work.
This will guide students in each and every step from start to finish in the
patenting process
18.1.2012 42

43. HOW CAN STUDENTS BENEFIT FROM
PATENTING THEIR IDEAS
Enhancing their CVs
 Identifying themselves as an inventor can make their resume or job
application stand out from the crowd.
 Employers may see them as a problem solver and creative thinker - a
desirable feature in most organizations.
 Also, discussing their inventions during an interview can set you apart from
other applicants being interviewed for the position
18.1.2012 43

44. HOW CAN STUDENTS BENEFIT FROM
PATENTING THEIR IDEAS
Launch A New Business
 An invention may be the foundation of a new business based on a product
or
service related to the invention.
 Although they are not required to commercialize an invention, a great
invention can be the start of a great business venture.
18.1.2012 44

45. HOW CAN STUDENTS BENEFIT FROM
PATENTING THEIR IDEAS
Commercialization
If they are not ready to launch a new business themselves, they might be able
to sell or license the rights to their invention.
The real fruits of the patented technology innovations only come through
commercialization which can earn them royalty if technology is transferred
18.1.2012 45

46. Contact a IPR consultants in HYDERABAD at
SANTHARAM KONDURU
REGISTERED PATENT AGENT
santharam@adhikariipc.com
Website: www.adhikariipc.com
Registered Office
154, Triveni Towers, MIG-I, Road No 1, KPHB Colony.
Hyderabad -500072. Mob: +91 9393953001, Tel: (040) 4027-
3000/3008
Fax: (040) 4027-3001/3009, Email : info@adhikariipc.com
US Office:
290 Parkmoor Avenue, 3rd floor, San Jose, CA 95126, USA
Tel:
18.1.2012 925-200-7303, Fax: 206-339-3443 46
46

47. THANK YOU
18.1.2012
47