Intellectual Property Rights (IPR) refer to the legal protections granted to individuals or businesses for their creative and intellectual efforts. These rights safeguard inventions, literary and artistic works, brand names, designs, and trade secrets, ensuring that creators and inventors can benefit from their work. IPR is essential in promoting innovation, encouraging investment in research and development, and protecting businesses from unauthorized use of their intellectual assets. The main types of IPR include copyrights, patents, trademarks, trade secrets, and industrial designs, each serving a specific purpose in safeguarding different forms of intellectual property.

1. Gnanlex
Intellectual Property Rights
Srividya Ravi, PhD
Sept 2024

2. Gnanlex
CREATIVITY (CREATION OF THE MIND)
Creativity is the ability to
 Think / come up with new idea
 design new “inventions”
 produce “works of art”
 solve problems in new ways, or
develop a new idea based on
“original” knowledge.
 novel or unconventional
approach.
Creativity is
the foundation
for
Innovation

3. Gnanlex
INNOVATION IS THE KEY
CONSTITUTION OF INDIA
Fundamental Duties include –
It shall be the Duty Of Every Citizen Of India..
To develop SCIENTIFIC TEMPER, humanism and the
SPIRIT OF INQUIRY…
Finance Minister Nirmala Sitharaman in her maiden
budget speech stressed on the equal importance of
“Fundamental Duties”

4. Gnanlex
SOME DEFINITIONS
• Intellect: the mental faculties, the power or faculty of the
mind by which one knows or understands, as
distinguished from that by which one feels and that by
which one wills; the understanding; the faculty of
thinking and acquiring knowledge.
• Property: that which a person owns
• Types: Tangible and Intangible property

5. Gnanlex
Tangible Intangible
TANGIBLE Vs INTANGIBLE PROPERTY
 Can see, feel or visualize
the property
 Easy to determine the value
 Has no particular term, can
be indefinite and
permanent
 Not a visible form
 Very difficult to fix value on IPs
 Has a particular term, some
forms’ term can be renewed or
extended.

6. INTELLECT – PROPERTY – RIGHT
Idea
Expression
COPYRIGHT
Copyright
Act 1957
Innovation/
Invention
PATENT
Patents
Act 1970
Quality +
Identity
TRADEMARK
Trademarks
Act 1999
Appearance
DESIGN
Designs Act,
2000
Keep
Confidential
TRADE
SECRETS
Common
Law IPC,
CPC, CrPC
Geographical Indication (GI)
Layout-Designs of Integrated Circuits
Protection of Plant Varieties

7. Gnanlex
IP PORTFOLIO
INTELLECTUAL
PROPERTY RIGHTS
• Patents
• Trade Marks
• Designs
• Copyright
• G.I,
• CBD, UPOV, (PPVFRA)
• IC Layouts,
• domain names
QUASI INTELLECTUAL
PROPERTY RIGHTS
• Confidential Information
• Know How
• Trade Secrets
• Reputation
• Data Exclusivity
• Brand loyalty/goodwill
• Client / customer lists
• Market intelligence
• In-house Standards/
• Specs Impurity profiles
• Management practices

8. INNOVATIONS / INVENTIONS
‘How’s / ‘Why’s / ‘From’
 Necessity ------ from Market
place / User / Needy
 Expertise ------ In-house /
Available Technologies
 Compulsions ------ Competitions
/ Constraints
 Serendipity ----- Accidental,
often path-breaking
 Disruptive Innovations -----
Breakthroughs
 Incremental Innovations --
prior art based
 Jugaads ----- Frugal innovation
mostly of Indian Origin

9. INCREMENTAL INNOVATIONS
• Based on Existing Knowledge
• Usual Source
 Internet, publications, patents
 In-house R&D
 Market needs
• Based on ‘Out of Box’
 Creative thinking
 Visualization
 Beyond Horizons

10. • Spray in dispenser
• Gel in dispenser
• Refill pack
• Pocket model
• Leg operated
spray
• Automatic
dispenser,
• Sprayer with LED
• Tunnel
Covid-19
pandemic
demanded
touch free
dispenser with
a sensor
Necessity
based
innovations

11. INVENTION
Section 2(1)(j)
"invention" means a new product or process involving an inventive
step and capable of industrial application;

12. PATENTS
TRIPs
Part – II, Sec.5
Art. 27 to 34 Patent is an exclusive
right granted for an
invention, which may
be a product or a
process.

13. WHAT IS A PATENT ?
 A patent is a protection given to a patentee for an
invention for a limited term (20years) by the
government for disclosing the invention
 Right to exclude others from manufacturing, using,
offering for sale, selling or importing your invention
(MOUSI).
 Owner has a qualified right to use the invention
Negative Right

14. Novelty
Inventive
Step
Industrial
Application
Three Statutory Pillars for Patentability
as per the Patents Act, 1970
Grant of Patent
1 3
2
Section 2(1)(ja)) Section 2(1)(ac))
SINGLE
PRIOR ART
UTILITY
PERSON SKILLED
IN THE ART
MOSAICKING
PRIOR ART
Must not be
covered by Sec. 3
and Sec. 4

15. THREE PILLARS
An invention can be patented if it is
 Must be NOVEL
• Must be New
• Must DISTINGUISH from “State of the Art”
(Prior Art)
 Must have INVENTIVE STEP
Must be Non-obvious to a
“Person Skilled in the Art”
 Must have INDUSTRIAL APPLICATION
Must be Useful
Must have Utility

16. EVALUATION?
Inventions having
NOVELTY:

Single Prior Art / Superimposable
INVENTIVE STEP (Non-obvious):

Mosaicking for obviousness
INDUSTRIAL APPLICATION:

Utility
NUNS
Test
Statutory
Subject
matter
Sec 3a-p,
Sec 4

17. INVENTIVE STEP
Section 2(1)(ja):
“inventive step” means a feature of an
invention that involves technical advance as
compared to the existing knowledge or having
economic significance or both and that makes
the invention not obvious to a person skilled
in the art.

18. NON-OBVIOUS
THE DIFFERENCES BETWEEN THE
CLAIMED INVENTION and the PRIOR ART are such
that the subject matter as a whole WOULD NOT
HAVE BEEN OBVIOUS at the time the invention
was made to a PERSON SKILLED IN THE ART, to
which the subject matter pertains.

19. NOVELTY VS OBVIOUSNESS
In order to demonstrate lack of novelty, the anticipatory disclosure must be
entirely contained within a single document either explicitly or implicitly. If
more than one document is cited, each must stand on its own, or the
documents so cited are linked in such a manner so that they form a
continuous document.
The cumulative effect of the disclosures cannot be taken into consideration
nor can the lack of novelty be established by forming a mosaic of elements
taken from several documents. This may be done only when arguing

20. OVERCOMING NON-OBVIOUSNESS
OBJECTIONS
• Not a mere workshop or routine (expected) improvement
• Improvement in quantitative parameters
• Comparative data-literature or experimental based
• Long standing problem in the art
• Unresolved need
• Teaching away from the invention
• Include the surprising effect in the Claim
• new result, or a new article or a better or cheaper article than before
• Mere collection of more than one integers or things, not involving the exercise of
any inventive faculty
TSM

21. INDUSTRIAL APPLICATION
Section 2(1)(ac):
"capable of industrial application", in relation to an invention, means
that the invention is capable of being made or used in an industry;
21

22. Product and
process
disclosed- a
device that has 7
functions,
shortens
operation time
by 30 minutes
Prior art 1: It
is desirable to
have multi
functional
devices
Prior art 2: five
devices
combined
No difference in
time taken to
perform the
operation
Prior art 3: 7
devices
combined, no
time difference
Prior art 4:
time is
reduced by
10 minutes,
but two
devices
combined
2016, 2018, 2019,
2019, 2024
CASE STUDY