The document introduces intellectual property rights (IPR) in India, highlighting the National IPR Policy's objectives to enhance awareness, generation, and enforcement of IPRs. It outlines India's standing in the international IP index, addressing weaknesses in the legislative framework and enforcement issues. Furthermore, it details the patent application process, conditions for patentability, and the role of the Indian Patent Office in managing patent applications.

1. Intellectual Property
Rights (IPR)
An introduction to Patent,
Trademark, Copyright and
Geographical Denominations

2. National Intellectual Property
Rights Policy
The National IPR Policy is a vision document that aims to
create and exploit synergies between all forms of intellectual
property (IP), concerned statutes and agencies.
This policy shall weave in the strengths of the Government,
research and development organizations, educational
institutions, corporate entities including MSMEs, start-ups and
other stakeholders in the creation of an innovation-conducive
environment.
The Policy recognizes that India has a well-established TRIPS-
compliant legislative, administrative and judicial framework to
safeguard IPRs, which meets its international obligation

3. The Policy lays down the following seven
objectives.
1. IPR Awareness: Outreach and Promotion - To create public
awareness about the economic, social and cultural benefits of
IPRs among all sections of society.
2. Generation of IPRs - To stimulate the generation of IPRs.
3. Legal and Legislative Framework - To have strong and effective
IPR laws, which balance the interests of rights owners with larger
public interest.
4. Administration and Management - To modernize and strengthen
service-oriented IPR administration.
5. Commercialization of IPRs - Get value for IPRs through
commercialization.
6. Enforcement and Adjudication - To strengthen the enforcement
and adjudicatory mechanisms for combating IPR infringements.
7. Human Capital Development - To strengthen and expand human
resources, institutions and capacities for teaching, training,
research and skill building in IPRs

4. Despite of all these efforts, according to an article in
‘The Hindu’ in 2017 a report by the U.S. Chamber of
Commerce’s Global Intellectual Property Center
(GIPC) reveals that India was at 43rd
rank out of 45
countries in an international Intellectual Property
(IP) index.
Only two countries were ranked below India –
Pakistan (44th) and Venezuela (45th). The U.S., the
U.K., Germany, Japan, Sweden, France, Switzerland,
Singapore, South Korea and Italy completed the top
10 ranks.
International IP Index 2017

5. India’s key areas of weakness
 National IPR Policy does not address fundamental weaknesses
in India’s IP framework, limited framework for protection of life
sciences IP.
 Patentability requirements being outside international
standards.
 lengthy pre-grant opposition proceedings in place.
 The 2016 High Court ruling on copyright infringement in the
University of Delhi copy-shop case continuing to weaken the
enforcement environment for rights holders.
What needs to be determined is whether the copyrighted material
is being used for the intended purpose, that is, for instructional use
by the teacher to the class
 Previously used compulsory licensing for commercial and
nonemergency situations.
 Limited participation in international IP treaties.

6. Understanding the role of IP in economic
growth, government is now taking initiative
towards promoting IPR through outreach
activities, to strengthening the Legal and
Legislative Framework, strengthening the
enforcement and adjudicatory mechanisms,
etc.

9. Patents
What is a Patent?
It is a title providing the
inventor and/or the applicant
with the exclusive right to
prevent others from
possessing, using, selling,
manufacturing and importing
the patented invention or
offering to do any of these
things within a definite
geographical area.

10. Patents
Definition:
• A patent describes an invention for which
the inventor claims the exclusive right.
NEW (Novel)
USEFUL
NOT OBVIOUS
PERTAINS TO PATENTABLE
SUBJECT MATTER
INVENTION PATENABLE IF.....
*Inventors should not disclose their inventions before filing the patent
application. The invention should be considered for publication after a patent
application has been filed

11. A patent is defined by the PTO as “the grant of a
property right to the inventor,” providing the owner
“the right to exclude others from making, using,
offering for sale, selling, or importing the invention.”

12. Patents may be granted for any invention concerned
with the functional and technical aspects of products
and processes. Patentable items may include objects
or processes such as new technology or business
methods, but excludes more abstract items such as
web sites or ideas.
What can be patented?

13. Patents
 An exclusive right granted by a country to the
owner of an invention to make, use, manufacture
and market the invention.
 The patent right is territorial in nature.
 Patents provide incentives to individuals by
recognizing their creativity and these incentives
encourage invention.
 India is a member-state of WIPO, Paris Convention,
Patent cooperation treaty and Budapest treaty.

14. The first Indian Patent Law came in 1856. Fresh legislation for
granting ‘exclusive privileges’ was introduced in 1859 as Act XV
of 1859.
In 1872, the Act of 1859 was consolidated to provide
protection relating to designs. It was renamed as “The Patterns
and Designs Protection Act” under Act XIII of 1872.
The Act of 1872 was further amended in 1883 (XVI of 1883) to
introduce a provision to protect novelty of the invention.
In 1911, The Indian Patents and Designs Act, 1911, replaced all
the previous Acts. This Act brought patent administration
under the management of Controller of Patents for the first
time.
History of Patent Law
http://www.ipindia.nic.in/acts-patents.htm

15. • After independence, new patent law was made in
the form of the Indian Patent Act 1970. Later, it was
amended in compliance with the TRIPS provision.
• The second amendment to the 1970 Act was made
through the Patents (Amendment) Act, 2002 and
• Third amendment to the 1970 Act was made through
the Patents (Amendment) Act, 2005.
• While the process of bringing out amendments was
going on, India became a member of the Paris
Convention, Patent Cooperation Treaty, Budapest
Treaty and finally signed the TRIPS agreement to
comply with the International and Indian standards.
http://www.ipindia.nic.in/history-of-indian-patent-system.htm

16. To qualify for patent protection the
invention must fulfill the so-called
conditions of patentability:
• Novelty;
• Obviousness;
• Written description requirement;
• Utility;
• Enablement;
• Best mode;

17. NOVELTY: has to do with whether your invention is
new. If your invention is an old concept, then it makes sense
that the government will not give you an exclusive monopoly
in the form of a patent. patents are granted to inventors in
return for the exchange of new information that can advance
the technological body requirements for obtaining patent of
knowledge in this country.
Under patent law, novelty requires two things:
• Prior art: Prior art can be a patent or publication that discusses
an invention similar or related to yours. It also can be general
public knowledge, public use, or public sale of such an invention
• Anticipation of your invention by that prior art: the only time
that prior art may bar your invention from being patented is
when anticipation is directly related to how you draft your
claims.

18. Obviousness: is a potent tool for the examination of
your application because the examiner does not have to
find that each particular reference, such as one individual
science report, anticipates your claim. The
examiner would have to do this if rejecting your
invention on the basis of a lack of novelty.
Note that just because you may not find any one
reference that alone does not anticipate your invention,
this may end your inquiry for novelty but not for
obviousness purposes. Keep both novelty and
obviousness in mind as you do your patent

19. WRITTEN DESCRIPTION REQUIREMENT: The written
description requirement prevents you from claiming subject
matter that was not described in your patent application as filed.
In fact, it prevents you from doing anything to your claims of your
patent application that are not supported by your written
description in your application as you file it. The essential goal of
the written description requirement is to clearly convey the
subject matter that you have invented.
To satisfy the written description requirement, your patent
application must describe the claimed invention in sufficient
detail that one skilled in the art can reasonably conclude that you
have possession of your claimed invention. This is done by
describing your invention with all of its limitations using such
descriptive means as words, structures, figures, diagrams, and
formulas that fully set forth your invention.

20. UTILITY: This is very important for an invention to find utility in
society. There is no use of an invention or idea that cannot serve in
public. Some common points that are often overlooked by the new
inventors while preparing themselves for patent filing:
 Having invented something and finding no utility, makes no
sense. One must be clear about the section of society whom
the invention is going to benefit. This not only widens the
horizon of initial idea and concept but also adds to the clarity of
the scope of your invention which is to be mentioned in
Provisional Patent application.
 A proper market survey also helps to know about what edge
your invention has over the pre-existing products in the market.
A true picture of marketability of your invention or product
gives you a clearer insight to make the deals with product
licensing firms in future who will take up your product to the
market and saving you from making wrong choices or losing
lucrative deals.

21. ENABLEMENT: In order for an application to be complete the
invention must be enabled. It becomes an issue in more
unpredictable fields like biology and chemistry. The test for
enablement is whether one skilled in your art would be able to
practice your claimed invention without an undue amount of
experimentation. The purpose of the enablement requirement is to
require applicants to truly put the invention into the public domain
and through that disclosure thereby advance the technical arts.
After a patent expires anyone can make, use, sell or import the
invention covered by the patent claims, as well as any obvious
variations thereof. Therefore, the enablement requirement is
specifically aimed at ensuring the claimed invention is described
with sufficient detail so the relevant person of skill in the art or
technology area will understand both how to make and use what
has been actually claimed in the patent.

22. BEST MODE: It is the third requirement of The United States Code.
The best mode requirement does not permit inventors to disclose
only what they know to be their second-best embodiment, while
retaining the best for themselves. In other words, if you know of a
preferred way of using and making your invention, you cannot
conceal this from the public by leaving it out of your patent
application.
There are two factual inquiries to be made in determining whether
a specification satisfies the best mode requirement.
 First, there must be a subjective determination as to whether at
the time your application was filed, you knew of the best mode
of practicing your invention.
 Second, there must be an objective determination as to whether
the best mode was disclosed in sufficient detail to allow one
skilled in the art to practice it.

23. Patent Office
• Indian Patent Office (IPO)
• United States Patent and Trademark Office
(USPTO)
• European Patent Office (EPO)
• Japanese Patent Office (JPO)

24. Patents
 It is covered under the Act called the Patents
Act, 1970 [Amended by Patents Act, 2005]
 It extends to the whole of India.
 It shall come into force on such date as the
Central Government may publish, by
notification in the Official Gazette.

25. Patents
 Patent offices come under the Department of
Industrial Policy & Promotion, Ministry of
Commerce and Industry.
 Patent offices are located at Kolkata
(headquarter), Mumbai, Chennai and Delhi to
deal with applications for patents.
 Patent Information System (PIS) and Intellectual
Property Training Institute (IPTI) are located at
Nagpur.

26. Patents
 Unlike the system at the USPTO/EPO/JPO,
Examiners at IPO have only recommending
power and the controllers are empowered by
statute either to accept or refuse their
recommendations. Examiners' reports to the
Controller are not open to the public unless
courts allow it (section 144 of the Patents Act).

28. Pathway to a Patent
• File a Disclosure Document (Disclosure Statement)
– Establishes date of conception of idea (who has the rights?)
– Get a two year grace period
• File a Provisional Patent Application
– Protect your ideas while talking to manufacturers/potential funders
– Can use the term “patent pending” on the invention
– Only good for 12 months...then must file non-provisional application
• File Non-Provisional Patent Application
– File complete description with the PTO (Patent & Trademark Office)
– “patent applied for” good for two years’ of protection
– Denials allow an appeal process

30. Common patent application
Mistakes by Inventors
The goal in a patent application is
to provide a full, clear, and exact
description of the invention in a
way that particularly points out
and distinctly identifies what the
inventor believes he or she has
invented and wants the patent to
cover. Unfortunately, while
articulating an invention many
inventors fall victim to a host of
common mistakes.