Introduction to IPR

Definition
• The term IP means product of mind or
intellect.
• IPR can be defined as the right held by a
person over the creation of hid mind,
for a particular period of time in a given
jurisdiction.
• Under IP laws owners are granted
certain exclusive rights to variety of
intangible assets often for a limited
period of time.
• These includes musical, literary and
artistic works; innovations; words,
phrases, symbol and designs.
©2018 Shikhar Gupta 2

Initial Question…
• Should Intellectual property
be protected?
• NO -> Free ideas create the
most benefit for the most
people.
• YES -> Protecting such
property motivates creators
to create.

Types of IP…
Intellectual
Property (IP)
Industrial
Property
Patents
Trademarks
Industrial Designs
Geographical
Indication of source
Copyrights Literary Work
Artistic Work

Interesting Fact…
• Indian Constitution has no mention of ‘IP’
but just “Property” and hence all the
attributes of property have also been
assigned to IP such as:
1. Freedom to acquire, hold and dispose of
property. [Article 19]
2. Protection from deprivation of property.
[Article 31]
3. Property could be possessed or acquired
for public purpose only by law and only
in payment of compensation. [Article 32]

Classification of IPR
• Broadly IPR are of 8 types:
1. Patents
2. Trademarks
3. Copyrights
4. Industrial Design Rights
5. Plant Varieties
6. Trade Dress
7. Trade Secrets
8. Financial Incentive

What is a Patent?
• A Patent is a set of exclusive
rights granted by a sovereign
state or intergovernmental
organization to an inventor
or assignee for a limited
period of time in exchange
for detailed public disclosure
of an invention.

Characteristics of a PATENT…
• A Patent should be:
It should be ‘New’, ‘Original’ and ‘Unusual’.Novel
It should be Useful to the industry.Useful
It should be non-obvious to a person skilled in that art.Non-obvious

Types of PATENT…

What can’t be PATENTED??
• Discoveries, Scientific theories,
Mathematical methods.
• Business Schemes.
• Anything against natural law.
• Weapons of mass destruction.
• Nuclear and Atomic technology.
• Surgery Methods.
• Anything which is contrary to
public order or morality.

Foreign Filing…
Convention Application
When an application is filed directly in a country which is a
member of Paris convention.
Eg. United States.
PCT Application
Application filed through PCT, it enables you to file
application in multiple countries within 30-31 months from
priority date.
PCT is Patent Cooperation treaty. Includes 152 countries.
PCT is a filing platform and does not grant Patent.

Types of PATENT Continuing Application…
1. Continuation Application.
2. Continuation-In-Parts.
3. Divisional Application.
Fact !!!!
• Provisional Application can only be filed in India and US.

Facts about PATENTS…
• Utility Patent and plant Patent are
issued for the term of 20 years
whereas the Design Patents are issued
for the term of 14 years.
• Patent is a“negative right”

Contd…
• The owner of the Patent has the right to “Exclude Others” from:
1. Making the invention.
2. Using the invention.
3. Selling the invention.
4. Offering the invention.
5. Importing the invention.

PATENT no.
• US7777777B2 Granted US Patent.
• US20100074390A1 Applied US Patent.
• EP0844383B1 Granted European Patent.
• EP0844383A1 Applied European Patent.
• PATENT rights are territorial !!

Process of obtaining a US PATENT…
Priority
Date
App. filed
in USPTO
Patent
Published
Patent
Granted

Process of filing a PCT application…

What is PRIOR ART ??

Trademarks…
• Trademark is a
recognizable sign, design,
or expression which
identifies products or serv
ices of a particular source
from those of others.
• Renewal time is usually 10
years.
• Validity is as long as one
pays for it.

Trade Secrets…
• A trade secret is
formula, practice, process, des
ign, instrument, pattern,
commercial method, or
compilation of information not
generally known or reasonably
ascertainable by others by
which a business can obtain an
economic advantage over
competitors or customers.

Geographical Indication…
• A geographical indication (GI) is a sign
used on products that have a
specific geographical origin and possess
qualities or a reputation that are due to
that origin. In order to function as a GI, a
sign must identify a product as originating
in a given place.

Traditional Knowledge…
• Traditional knowledge refers to
the knowledge, innovations and
practices of indigenous and local
communities around the world.
Developed from experience
gained over the centuries and
adapted to the local culture and
environment, traditional
knowledge is transmitted orally
from generation to generation.

Popular Patent Lawsuits…

How a Patent looks like ??

Sections of a PATENT…
•Header
•Reference Cited
•Abstract
•Background of invention
•Summary of invention
•Claims

Basic Terminology…
• Filing Date
• Grant Date
• Priority date
• Inventor
• Assignee/Owner
• Claims
• Prior Art
• Maintenance Fee
• INPADOC

Types of Searches
• Patentability/Novelty
• Validity/Invalidity
• Clearance/FTO/Right to Use
• Infringement/Out Licensing
• In-Licensing/Technology Acquision
• State of the Art
• Landscape

Patentability…
• Patentability refers to the substantive conditions that must be met for
a patent to be held valid.
Terminology:
• Priority Date
• Application date
• Publication date
• Grant date
• Inventor
• Assignee

How to do Effective Google
Search??
1. Fine tune your query with more keywords.
2. Google automatically assumes “AND” operator between all the
words of your query. So include “OR” keyword to let google know
that you are looking for the one word or the another.
3. Don’t include ‘Stop words’ (eg. How, Why, What etc) google
automatically ignores them. If you want to include Stop words in
your search query than precede it by “+” sign.
4. Exclude ambiguity and irrelevant words by using “-” operator.
5. Search for similar words using “~” operator.

Contd…
6. Search for similar pages. Eg. Related:facebook.com
7. Search for an exact phrase by enclosing it into double inverted
comma i.e. “ ExpertLancing”
8. Search for a phrase/quotes with missing words. Eg. The * * of
Titanic.
9. Search within a single website. Eg. Portfolio site:expertlancing.com
10. Search for a cached portion of Website. Eg.
Cache:Expertlancing.com (remember to type it in the address bar)
11. Search for a specific filetypes. Eg. Patent filetype:ppt

Contd…
12. Include search results that include search term only in the page
title. Eg. Intitle:Expert Lancing
13. Browse anonymously and protect your privacy. Use StartPage.com
14. Use Google’s advanced search page.
15. Search within search results.
16. Use google other search sites.

---References---
• 1. https://law.careers360.com/articles/rajiv-maheshwari-speaks-on-choosing-ipr-career-option
• 2. https://sites.google.com/site/ropariprcell/
• 3. http://www.financialexpress.com/archive/india-invites-us-to-discuss-ipr/1245923/
• 4. https://ideas2market.wordpress.com/2013/03/11/patents-the-road-to-riches-or-ruin/
• 5. http://sabiainc.com/patent/
• 6. https://secureyourtrademark.com/blog/famous-trademarks/
• 7. http://www.uuchurchlc.org/member-utilities/key-information/music-copyrights/
• 8. https://smarter-ecommerce.com/blog/en/data-science/apple-vs-samsung-google-shopping-search-query-analysis/
• 9. https://www.iphones.news/samsung-galaxy-s8-vs-apple-iphone-7-best/
• 10.http://www.intunedonline.net/samsung-apple-mockery-battle-continue/apple-vs-samsung-lawsuit-mockery-commercials/
• 11.https://www.youtube.com/watch?v=RQOJgEA5e1k
• 12.https://yourstory.com/2015/05/intellectual-property-right/
• 13.https://fbombmedia.com/patent-patent-mobile-apps-intellectual-property/
• 14.http://faculty.winthrop.edu/dannellys/csci327/Lecture/05_IntelProp.ppt
• 15.http://www.wipo.int/edocs/mdocs/sme/en/wipo_smes_kul_11/wipo_smes_kul_11_ref_theme_12_01.ppt
• 16.http://www.sakshinanda.com/2014/01/guest-post-indian-constitution-picture.html
• 17.https://en.wikipedia.org/wiki/Patent
• 18.https://www.youtube.com/watch?v=N91Ie2HXPZ8

---References contd…---• 19.http://patentfile.org/what-is-a-provisional-patent-application-for/
• 20.https://www.biospectrumindia.com/news/73/10057/govt-awards-patent-to-lincoln-pharma.html
• 21.http://www.wipo.int/pct/en/faqs/faqs.html
• 22.http://fortune.com/2016/08/18/applying-for-a-patent/
• 23.https://en.wikipedia.org/wiki/Trademark
• 24.http://biotech4you.com/biotech-notes/ipr/102-trademarks/
• 25.http://confidenceisquiet.com/the-secret/
• 26.https://funnyjunk.com/Cocacola/funny-pictures/5257434/
• 27.www.wipo.int/geo_indications/en/
• 28.https://www.clearias.com/geographical-indication-gi-tags-india/
• 29.http://www.youripinsider.eu/south-east-asia-ipr-basics-series-geographical-indications-thailand/
• 30.https://www.cbd.int/traditional/intro.shtml
• 31.https://www.bananaip.com/ip-news-center/category/traditional-knowledge/
• 32.https://giphy.com/gifs/awpqNsKuFtXI4/
• 33.https://www.slideshare.net/silky1/patent-search-34506164
• 34.http://dearrichblog.blogspot.com/2013/05/the-prior-art-conundrum-knock-it-or-not.html
• 35.http://trak.in/tags/business/2016/06/14/indian-startup-patent-filing/
• 36.http://www.whatisbiotechnology.org/index.php/exhibitions/milstein/patents
• 37.http://nationalinterest.org/blog/the-buzz/revealed-the-most-powerful-nuclear-bomb-ever-13600
• 38.http://feedbox.com/tag/north-korea-and-weapons-of-mass-destruction/
• 39. https://www.dolcera.com/wiki/index.php?title=File:Types_of_Patent_Search.jpeg

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