3. WHAT IS INTELLECTUAL
PROPERTY?
• Intellectual Property (IP) is a
property that arises from the
human intellect.
• It is the creations of the mind
4. INTELLECTUAL PROPERTY
RIGHTS(IPR)
• IPR is the body of law developed to
protect the creators who have
disclosed their invention for the benefit
of mankind.
• This protects their invention from being
copied or imitated without their
consent.
7. IPR SUMMARY
Law Covers Duration
Patent Technical 20 years
Design Look 5 years x 5
years
Trademark Brand Name of
Product or Service
10 years x for
ever
Copyright Artistic and Literary
works, Software
Life + 70
years
thereafter
9. CD PLAYER
Industrial design
protection for 3D
shape
Brand name-
registered under
trademark
Music played on the
CD player is
protected by
copyright
Various
technical parts
& mechanisms
are subject
mater of
protection
under Patents
10. A patent is a Monopoly Right granted
•For an invention
•By the government
•To the inventor or his assignee
•For a limited period
•Excluding others from making, using,
selling, importing the patented product or
process producing that product
•It is valid within the country of grant
11. INVENTION
▪Invention is a successful technical
solution to a technical problem.
▪Has to be reproducible
12. WHAT IS PATENTABLE INVENTION ?
To be granted a patent, an invention must be
(i) Novel (new)
Not published elsewhere before the date of
filing of the patent application
(ii) non-obvious or Inventive step
Significantly different from that which is already
known or Involves technical advance as
compared to the existing knowledge
(iii) capable of industrial application
13. Why patent is necessary for a country ?
To encourage
research and
development
Encourages
technology
development
Encourages
establishment
of new
industries
17. Is A Patent Granted In One Country
Enforceable In Other Countries?
• No, there is nothing like a global patent or a
world patent. Patent rights are essentially
territorial in nature
• Granting a patent in one country of the
Union does not force other countries to
grant the patent for the same invention.
• The refusal of the patent in one country
does not mean that it will be terminated in
all the countries
18.
19. Cost US Patent?
• File provisional application (~$10K)
• US Utility Application (~$20-30K) – binding examination
• Examination rounds and appeals require more time and money
• Total average cost of a US patent: $50000
• Total average time to obtain a US patent: 3-6 years
20. Indian Patent Office (IPO) Fee Structure
S.No Form Title Individual Small
Entity
Large
Entity
1 Form 1 Application for
Grant of Patent.
1750 4400 8800
2 Form 2 Provisional/
Complete
Specification.
No Fee No Fee No Fee
3 Form 3 Statement and
Undertaking.
No Fee No Fee No Fee
4 Form 5 Declaration of
Inventorship.
No Fee No Fee No Fee
5 Form 9 Request for
Publication.
2750 6875 13750
6 Form 18 Request for Early
Examination.
4400 11000 22000
23. Filing Procedure
1. File an application for
patent
2. Formality Check
3. Publication
4. Request for
Examination
5. Examination
6. Issue of FER
7. Response from the
Applicant
8. Pre-grant Opposition
grant Opposition
10. Consideration of
Pre-grant Opposition
11. Grant of a Patent
12. Post Grant
Opposition
13. Appeal
14. Decision of
Controller
15. Revoked/
Amendment
24. STAGES - FILING TO GRANT OF
PATENT
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
Revocation/Amendment
OPPOSITION
• PROMPTLY AFTER 18 MONTHS FROM P.D.
• WITHIN 48 MONTHS FROM F.D.
• ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
• WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL. / COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appellate Board
Appeal
25. Renewal Fee
• To be paid within 36 months from date of
recording in the register [sec 142 (4) ]
• No fee for 1st and 2nd year
• Renewal fee, on yearly basis, is required to be
paid for 3rd to 20th for keeping the patent in
force
• Delay upto six months from due date
permissible on payment of fee for extension of
time
• Patent lapses if renewal fee is not paid within
26. ▪Patent search – Google patents,
IPO,USPTO, EPO, WIPO
▪Patent Drafting
Two steps
28. Anatomy of the Patent Specification
Indian Patent Office (IPO)
A typical patent specification has the following sections:
1. Title of invention
2. Field of invention - scope
3. Background of invention-Prior art
4. Object of invention –detail about advantages
5. A summary of invention
6. A brief description of the drawing
7. Detailed description of the invention with reference to
drawing/examples
8. Claim(s)
9. Abstract
10. Drawings (If Any)
29. Forms required to be filed with
the Specification
• Form 1 : Application for Grant of Patent.
• Form 2: Provisional/ Complete Specification.
• Form 3: Statement and Undertaking. (Compulsory)
• Form 5: Declaration of Inventorship. (Compulsory)
• Form 9: Request for Publication. (Optional)
• Form 18: Request for Early Examination. (Compulsory)
31. ▪Injunction, which means that all your
products may be removed from the market
▪Destruction of your products
▪Paying damages to the patent owner
▪Being given a fine,
e.g. the Kodak vs. Polaroid case
▪Being sentenced to imprisonment
Consequences of infriging
32. Polaroid's instant camera, which develops
photographs on the spot in 60 seconds, was a
technological marvel that captivated America when it first
appeared on store shelves after Thanksgiving in 1948.
Polaroid alleged that Kodak illegally incorporated the
technology in instant photography products it sold
from 1976 until early 1986.
Polaroid Wins $909 Million From Kodak :
October 13, 1990|From Times Staff and Wire Reports
33. Apple Files Patent Lawsuit Against Samsung
Galaxy S Phone and Tab For Copying iPhone and
iPad
34.
35. Apple sued HTC over iPhone patents
•Apple sued phone maker HTC and
has filed a complaint with the U.S.
International Trade Commission,
alleging that the Taiwanese company
is infringing 20 Apple patents related
to the iPhone
•Steve Jobs, Apple's CEO, said in a
statement "We think competition is
healthy, but competitors should
create their own original technology,
not steal ours."
36. Example of a successful civil
enforcement action
▪ 3 suits filed by Adidas
Saloman AG in the Delhi
High Court against
counterfeiters
▪ At the initial stage,
infringing goods were
seized by the Local
Commissioner
▪ Cases were decreed recently
& damages of Rs. 15 lakhs
was awarded to Adidas
Saloman
38. CONCLUSION
• Create yourself, rather than
using other’s creations
• Do not use competitor’s mark in
such way that it harms
competitor in unfair way
