patents, copyrights process

1. & Development

2.  Intellectual property rights include copyright, patent, trademark, geographic ,
indication of origin, industrial design, trade secrets, database protection laws,
publicity rights laws, laws for the protection of plant varieties, laws for the
protection of semi-conductor chips (which store information for later
retrieval), etc.
 There is a conventional mode of classification of intellectual property as
industrial property and copyrights. Industrial properties include inventions
(patent), property interest On minor invention (Utility model certificate) and
commercial interests (Trade Marks, trade names, geographical indications,
and industrial design), plant breeder rights, biodiversity, etc.
SCOPE

3. Licensing: a grant to another party that permits development, manufacture,
distribution, and use of the licensor’s IP.
Advantages of licensing
Platform technologies have too many applications for one company to
handle
Inventor company does not have the resources to develop applications
May be more profitable
Reach multiple markets without the expense of distribution channels
INTELLECUTAL PROPERTY
LICENSING

4. Disadvantages of licensing
An IP license may add a layer of expense to a product.
A License agreement can be disadvantageous when the product or technology is
not complete . in such a case licensor may be expected to continue development
work at great expense to Satisfy license.
Limited market opportunities/profits.
Potential conflicts with license.
Possibility of creating future competitor.

5. Definition of TECHNOLOGY
TRANSFER
‘Technology Transfer is the application of technology to a new use or user. It
is the process by which technology developed for one purpose is employed
either in a different application or by a new user. The activity principally
involves the increased utilisation of the existing science/technology base in
new areas of application as opposed to its expansion by means of further
research and development’

6. What is TECHNOLOGY
TRANSFER
Technology transfer is a term used to describe a formal transfer of rights to use
and commercialize new discoveries and innovations resulting from scientific
research to another party.
Universities typically transfer technology through protecting (using patents and
copyrights), then licensing new innovations.
e Bayh-Dole Act - encourages technology transfer.
Benefits:
Leads to new products and services that improve our quality of life.
Adds billions of dollars to the U.S. economy
Supports hundreds of thousands of jobs.
Creates new businesses, industries and markets.

8. What is PATENT INFORMATION
The patent system grants property rights to inventors in exchange for
the disclosure of their invention for the benefit of the public.
The disclosure includes:
•Business information
•Legal information
•Technical information
•Policy-relevant information
Almost all patent applications are published (18 months from priority
date/first filing date)

9. Main Goals Of PATENT
INFORMATION ACTIVITIES
Providing of high-quality national patent documentation in accordance with
generally accepted international standards.
Creation of national patent databases and ensuring their accessibility for users
within the country and abroad.
Establishment of the IP library and rendering patent information services to the
general public.
 Increasing of awareness in the sphere of patent information, as well as teaching
methods of carrying out patent information searches
Participation in international cooperation related with the formation of regional
and international databases.

10. What is DATABASE?
Importance of PATENT DATABASE
A database is a collection of information that is organized so that it can easily be
accessed, managed, and updated. In one view, databases can be classified
according to types of content: bibliographic, full-text, numeric, and images.
Patent Information is commonly not available in developing countries . There are
significant obstacles to identifying the patent status of any particular product even in
rich countries. There are many patents field on various products . Patent applications
may be easily searchable.

11. GEOGRAPHICAL INDICATIONS
DEFINITION:
it is an indication.
it originates from a definite geographical territory.
it is used to identify goods having special characteristics originating from a
definite geographical territory
It is used to identify agricultural, natural or manufactured goods.
The manufactured goods should be produced or processed or prepared in that
territory.
It should have a special quality or reputation or other characteristics.

12. What are GEOGRAPHICAL
INDICATIONS?
Link a product to a particular region
Indicate qualities, attributes, reputation associated with geographic origin
 Suggest connection to region's inherent characteristics (e.g., soil, climate, terrior)
May also imply production skills/processes associated with region

14. New Development in IPR
 Intellectual Property Rights (IPR) is a constantly evolving field, and
there have been several new developments in recent years.
 Some of the most significant ones:
1.The rise of AI-generated inventions: With the increasing use of
artificial intelligence (AI), there has been a growing debate about
how to deal with AI-generated inventions. Many countries are
now considering whether such inventions should be eligible for
patent protection.

15.  Expansion of geographical indications: Geographical indications
(GIs) are indications that identify a product as originating from a
specific geographical region. In recent years, there has been an
expansion in the number of products that are eligible for GI
protection, including non-agricultural products.
 Changes to patent eligibility criteria: Many countries have been
revising their patent eligibility criteria in response to technological
developments. For example, some countries are now considering
whether software or business methods should be patentable.
 Focus on trade secret protection: Trade secrets have become an
increasingly important aspect of IPR, with many countries enacting
new laws to protect them. In the United States, for example, the
Defend Trade Secrets Act was passed in 2016 to provide federal
protection for trade secrets.

16.  The role of IPR in international trade: Intellectual property has
become a key issue in international trade, with countries
negotiating new trade agreements that include provisions on
IPR. The Trans-Pacific Partnership (TPP) and the
Comprehensive and Progressive Agreement for Trans-Pacific
Partnership (CPTPP) are two examples of such agreements.
 The impact of digital technologies: Digital technologies have
had a significant impact on IPR, with issues such as online
piracy and the protection of digital content becoming
increasingly important. Countries are now grappling with
how to strike a balance between protecting IPR and
promoting the free flow of information online.

17. Administration of Patent System
 The administration of the patent system varies from
country to country, but there are some general
principles that are common to most systems.
 Here are the key elements of a typical patent system
administration:
 1. Patent Office: A government agency responsible
for examining and granting patents. The Patent
Office reviews patent applications to determine
whether the invention meets the requirements for
patentability, such as novelty, non-obviousness,
and usefulness.

18.  Patent Search: A search conducted by the Patent Office or by a professional
patent search firm to determine whether the invention is novel and non-obvious,
and to identify any prior art that may affect the patentability of the invention.
 Patent Application: A formal legal document that describes the invention in detail
and provides the basis for the patent grant. The application includes claims that
define the scope of the invention and its protection.
 Patent Examination: The process by which the Patent Office reviews the patent
application to determine whether the invention meets the requirements for
patentability. The examination may involve back-and-forth communication between
the applicant and the examiner, as well as additional search and review by the
examiner.

19.  Patent Grant: If the Patent Office determines that the invention
meets the requirements for patentability, it will grant a patent to
the applicant. The patent gives the inventor the exclusive right
to make, use, and sell the invention for a limited period of time,
typically 20 years from the filing date of the patent application.
 Patent Enforcement: Once a patent is granted, the patent
owner can enforce the patent against others who make, use,
or sell the invention without permission. This may involve legal
action to stop the infringing activity and to seek damages for
any harm caused by the infringement.

20.  Patent Maintenance: To maintain the patent, the owner
must pay periodic maintenance fees to the Patent
Office. Failure to pay the maintenance fees can result
in the patent expiring before the end of its term.
These are the key elements of the administration of a patent system.
It is important to note that patent systems vary widely between
countries, and there are many different approaches to patent
examination, enforcement, and maintenance.

21. IPR of Biological Systems
1.Intellectual Property Rights (IPR) of biological systems refers to the legal protection of
intellectual property in the field of biotechnology, including living organisms, genetic
materials, and processes.
2. Patents are the most common form of IPR used to protect biological systems.
3. Patents can be granted for new and useful compositions of matter, including genes,
proteins, and other biological molecules.
4. Patents can also be granted for processes, such as methods for genetic engineering,
cloning, and gene editing.
5. Plant breeders' rights provide exclusive commercial rights to the breeder of a new
plant variety for a period of time, typically 20 to 25 years.

22.  6.Trade secrets can also be used to protect biological
systems, particularly in cases where the invention or
process is not patentable or where the inventor chooses
not to seek patent protection.
 7.However, there are ethical and legal concerns
surrounding the IPR of biological systems, particularly in
cases where these rights may impact public health or
environmental sustainability.
 8.Some argue that the patenting of genes and other
genetic materials can limit access to diagnostic tests and
treatments, while others argue that the
commercialization of genetically modified organisms may
have unintended ecological consequences.

23.  9.Many countries have implemented regulations and guidelines
to balance the protection of IPR with broader public interests.
 10.The IPR of biological systems can also impact the
accessibility and affordability of medicines and other
healthcare products.
 11.For example, if a patent is granted for a gene associated
with a particular disease, the patent holder may have
exclusive rights to develop and market diagnostic tests and
treatments based on that gene, which can lead to high prices
and limited access for patients.

24.  12.The application of IPR to biological systems can also
raise questions about the ownership and control of
genetic resources, particularly in cases where indigenous
or local communities have traditionally used these
resources for medicinal or cultural purposes.
 13.As a result, some countries have developed legal
frameworks to ensure that the interests of local
communities are taken into account when granting and
enforcing IPR in the biotechnology field.