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Intellectual property rights in India with special reference to Patent
1. INTELLECTUAL
PROPERTY
RIGHTS
DR. AMIT BHATT
Research Scholar
P.G. Deptt. Of Ras Shastra & Bhaishajya Kalpana
Rajiv Gandhi Govt. P.G. Ayurvedic College,
Paprola, Distt.- Kangra (H.P.)
E-mail ID: dr.amit98390@gmail.com
2. What is “Intellectual Property”?
Intellectual property (IP) refers to creations of
the mind: inventions, literary and artistic
works, symbols, names, images and designs
used in commerce.
Intellectual Property is a property that arises
from the human intellect. It is a product of
human creation.
4. W.I.P.O.
World Intellectual Property Organization was
established by the WIPO Convention in 1967.
The WIPO is a specialized agency of the United
Nations.
It promote the protection of Intellectual Property
throughout the world.
Its headquarter is in Geneva, Switzerland.
7. Laws dealing IPR in India
Functional
& Technical
Inventions
Purely
Artistic
works
Symbol, logo,
word, sound,
color, design
Patents Act,
1970
Amended
in 1999 &
2005
Copyright Act,
1957
Amended in1982,
1984, 1992,
1994 & 1999
Trademark
Act, 1999
Amended in
1994, 1996 &
2000
8. PATENT
A patent describes an invention for which the
inventor claims the exclusive right.
INVENTION IS PATENABLE IF.....
New (novel)
Useful
Not obvious
Pertains to patentable subject matter
9. Validity of Patent
Term of the patent is 20 years from the date of
filling for all types of inventions.
Priority date- first to file.
The date of patent is the date of filing the
application for patent.
The term of the patent is counted from this
date.
10. Validity of Patent
Patent rights are essentially territorial in nature.
There is nothing like a global patent or a world
patent.
Granting a patent in one country of the Union
does not force other countries to grant the
patent for the same invention.
11. Getting a patent
STEP- I Provisional Patent Application (PPA)
STEP- II Regular Application (RPA)
STEP- III Keep a careful record of your invention.
STEP- IV Make sure your invention qualities for patient
protection.
STEP- V Assess the commercial potential of your
invention.
STEP- VI Do a through patent search to give detail
information about patent search
12. Filing a patent application
ONLINE MODE:
https://www.ipindiaonline.gov.in/on_line/
OFFLINE MODE:
In Indian Patent Offices located at Delhi,
Mumbai, Kolkata and Chennai.
13. Office Address Territorial Jurisdiction
Delhi Intellectual Property Office,
Intellectual Property Office Building,
Plot No. 32, Sector 14,
Dwarka, New Delhi-110075,
Ph.: 011-28034304, 28034305
E-mail: delhi-patent@nic.in
Haryana, Himachal Pradesh,
Jammu and Kashmir, Punjab,
Rajasthan, Uttar Pradesh,
Uttaranchal, Delhi and
Chandigarh.
Mumbai Intellectual Property Office,
Boudhik Sampada Bhawan, S. M. Road,
Antop Hill, Mumbail - 400 037.
Ph.: 24137701, 24141026, 24150381, E-mail:
mumbai-patent@nic.in
Maharashtra, Gujarat, Madhya
Pradesh, Goa and Chhattisgarh,
Daman and Diu & Dadra and
Nagar Haveli.
Chennai Intellectual Property Office.
Intellectual Property Office Building, GST
Road, Guindy, Chennai -600032.
Ph: 044-22502081-84.
E-mail: chennai-patent@nic.in
Andhra Pradesh, Karnataka,
Kerala, Tamil Nadu, Pondicherry
and Lakshadweep
Kolkata Intellectual Property Office,
Intellectual Property Office Building, Sector-V,
Salt Lake, Kolkata-700091,
Ph.: 23671945, 1946, 1987.
E-mail: kolkata-patent@nic. in
The rest of India.
14. Different patent applications
FORM- 1: Application for Grant of Patent
FORM- 2: Provisional / Complete Specification
FORM- 3: Statement and Undertaking under
Section 8
FORM- 5: Declaration as to Inventor ship
FORM- 9: Request for Publication (optional)
FORM- 10: Request for Examination of
Application for Patent
16. Top Patent Holders
The top 10 patents holders across the world are
IT companies.
In India, only pharmaceutical and bio-tech
companies are in top 10 list.
184 patents are held by the Council of
Scientific and Industrial Research, followed by
Ranbaxy Ltd.
17. Kia Silverbrook is an
Australian inventor,
scientist, and serial
entrepreneur. He has
9,874 patents or patent
applications registered
at the international
patent document
database (INPADOC)
up to 2014.
Top Patent Holder
18. Youngest Patent Holder
A Jaipur based wheel
chair-bound 9 years
old boy named
Hridayeshwar Singh
Bhati has got the
patent of design of a
game of six-player
circular chess.