The document explores the concept of intellectual property (IP), defining it as creations of the mind, including inventions and artistic works. It details the rights associated with intellectual property, such as patents, copyrights, and trademarks, and discusses the criteria and processes for patenting inventions. Additionally, it covers the classification of IP, the importance of patents in fostering innovation, and guidelines for applying for patent registration in India.

1. Intellectual property
Nupur Prasad
Division of Research and Development
Lovely Professional University.
Phagwara, India.
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2. 1. What is intellect?
1.1 Intellect: ability of reasoning and understanding objectively*, especially with regard to abstract
matters.
It is related to "facts“ in contrast to intelligence concerning feelings. Refers to the thought and
rational mental processes gained through external input rather than internal.
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3. 2. Difference between objective and subjective
2.1 Meaning of objective and subjective
*An objective perspective is one that is not
influenced by emotions, opinions, or
personal feelings - it is a perspective based in fact,
in things quantifiable and measurable.
A subjective perspective is one open to greater
interpretation based on personal feeling,
emotion, aesthetics, etc.
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4. 2. Difference between objective and subjective
2.2 Examples of subjective and objective
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5. 2. Who is an intellectual?
Persons having intellect are intellectuals. They use their knowledge, thought, creativity,
imagination and hard work for invention and creation. For example, scientific inventions
(industrial or knowledge enhancing), creation (any artistic work e.g. painting, music, literary
work, software programming).
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6. 4. What is intellectual property (IP)?
4.1 What is intellectual property (IP)?
IP refers to creations of the mind, such as inventions; literary and artistic works; designs; and
symbols, names and images used in commerce.
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7. 5. What is intellectual property right (IPR)?
5.1 What is Intellectual Property Right (IPR)?
Every intellectual has a right to protect their inventions/creations. This right is protected, in law
through patents, copyright & trademarks. The law permits intellectuals to earn credit, recognition
and/or financial assistance from their inventions/creations. IPR nurtures the atmosphere of
creativity and innovation.
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8. 5. What is intellectual property right (IPR)?
5.1 What is Intellectual Property Right (IPR)?
There are five exclusive rights that copyright owners enjoy, and three major restrictions on the
bundle. The five rights are:
the right to reproduce the work,
the right to adapt it or derive other works from it,
the right to distribute copies of the work,
the right to display the work publicly, and
the right to perform it publicly.
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9. 6. Classification of intellectual property
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Intellectual property (IP)
Industrial property (for
scientific work)
Copyright (for artistic work
e.g. music, painting,
sculpture and literary work)
Trademark
Patent Trade secrets

10. 6. Classification of intellectual property
6.1 Industrial property
6.1.1 Patent: A patent is an special right
granted to the inventor (in science and
industry). This provides a right to the patent
owner to decide how - or whether – the
invention can be used by others. In lieu of
that the patent owner publishes a document
containing technical information about the
invention.
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11. 6.1.1 Patenting
In this age of innovation, patents represent and safeguard the exclusive ownership and business
prospects for an idea. Patent, an intellectual property right relating to inventions, is a grant of
limited period for an exclusive right, provided by the government to the patentee, in exchange for
full information of his/her invention. This would exclude others from making, selling, using,
importing or process producing the said product for the defined purposes.
Patent gives legal protection to the patentee, enabling him/her to enjoy the benefits of his/her
invention without accommodating the fear of copying of idea and a third party making a financial
benefit from it directly/indirectly.
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12. 6.1.1 Patenting
Importance of patenting:
• Encourages the flow of new ideas & experimentation. Supports overall growth of human
civilisation.
• It saves investment of time and money on
something which has already been invented.
• An interested person/party can buy patents i.e.
provides a tool for Technology Transfer.
• Provides a social security to inventors using which
a patentee can look for legal advice for their inventions.
• The invention can be used by anyone once the
life of patent is over.
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13. 6.1.1 Patenting
Importance of patenting:
• Saves you from becoming “miscreant magpie”: Magpie is a bird with black and white feathers,
a long tail and a loud cry. It is believed that this bird likes to steal small, bright things. A person
who causes trouble or does something wrong or illegal; a criminal
The Roman poet Martial accused his rival Fidentinus, whom he called a “miscreant magpie”:
“My books need no one to accuse or judge you: the page
which is yours stands up against you and says,
‘You are a thief.’”
Martial was particularly galled that Fidentinus had mixed in
his own inferior work with Martial’s original material.
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14. 6.1.1 Patenting
Condition for patenting:
The three terms 'new', 'inventive step‘
and 'industrial application', provide
the three main criteria for
patentability.
Accordingly, before applying for a
patent, applicants must ensure that
their inventions are novel, involve an
inventive step, and can be used in or
by the industry.
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15. 6.1.1 Patenting
Limits of patentability:
Under Section 3 of the act, the following inventions are NOT considered patentable:
• an invention which is frivolous or which claims anything obviously contrary to well-established
natural laws;
• an invention whose primary or intended use or commercial exploitation is contrary to public
order or morality or which causes serious prejudice to human, animal or plant life, health or the
environment;
• the mere discovery of a scientific principle or the formulation of an abstract theory;
the discovery of a living thing or a non-living substance occurring in nature;
• a substance obtained by a mere admixture resulting only in the aggregation of the properties of
the components thereof or a process for producing such substance;
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16. 6.1.1 Patenting
Limits of patentability:
Under Section 3 of the act, the following inventions are NOT considered patentable:
• the mere discovery of a new form of a known substance which does not enhance the known
efficacy of that substance, the mere discovery of a new property or new use for a known
substance or the mere use of a known process, machine or apparatus unless the known process
results in a new product or employs at least one new reactant (for the purposes of this clause,
salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of
isomers, complexes, combinations and other derivatives of known substance will be considered to
be the same substance, unless they differ significantly in properties with regard to efficacy);
• the mere arrangement, rearrangement or duplication of known devices which function
independently of one another in a known way;
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17. 6.1.1 Patenting
Limits of patentability:
Under Section 3 of the act, the following inventions are NOT considered patentable:
• a method of agriculture or horticulture;
• any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other
treatment of human beings, or any process for a similar treatment of animals to render them free
of disease or to increase their economic value or that of their products;
• plants and animals in whole or any part thereof other than microorganisms, including seeds,
varieties and species and essentially biological processes for production or propagation of plants
and animals;
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18. 6.1.1 Patenting
Limits of patentability:
Under Section 3 of the act, the following inventions are NOT considered patentable:
• a mathematical or business method, a computer programme or algorithms;
• a literary, dramatic, musical or artistic work or any other aesthetic creation, including
cinematographic works and television productions;
• a mere scheme, rule or method of performing a mental act or playing a game;
• a presentation of information;
• the topography of integrated circuits; or
• an invention which, in effect, is traditional knowledge or an aggregation or duplication of known
properties of traditionally known component or components.
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19. 6.1.1 Patenting
Limits of patentability:
Are there restrictions on any other kinds of invention?
Apart from the exclusions under Section 3 of the
Patents Act 1970.
Section 4 also imposes a strict prohibition on the
patentability of inventions related to atomic energy.
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20. 6.1.1 Patenting
Types of patent:
The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by
the Patents (Amendment) Act, 2005 and the Patents Rules, 2003, as amended by the Patents
(Amendment) Rules 2006 effective from 05-05-2006. Under these Acts, there are SIX types of
patent applications in India:
.(i) Ordinary application: An ordinary patent application may be filed if the applicant does not have
any priority to claim or if the application is not filed in pursuance of any preceding convention
application.
(ii) Convention application: Filing a convention application allows the applicant to claim priority in
all the convention countries. The applicant can claim priority if the same or substantially similar
application has been filed in any of the convention countries. The time limit for claiming priority is
12 months from the date on which the first convention application was filed in a convention
country.
Note: Please read the attached MS Word file to understand the term ‘convention country’.
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21. 6.1.1 Patenting
Types of patent:
(iii) National Phase PCT Application: In the national phase, the applicant is required to file the
national phase patent application in India within 31 months of the international filing date or priority
date whichever is earlier. The national phase of a PCT application resembles a national filing in a
respective country. The decision to grant patent protection in a particular country ultimately rests
on the Patent Office of that country. However, the filing of PCT patent application is much simpler
than the filing of normal national patent application since most of the formal requirements are
resolved in the international phase itself. Also, the national examiners most often follow the search
report conducted in the international phase.
(iv) Patent of addition: Suppose you have already filed for a patent and you have come across a
slight improvement in the invention. You may not be able to file a new patent application, as it
would not satisfy the requirement for inventive step. That is when a patent of addition may be filed.
A patent of addition protects the improvement. There is no separate renewal fee for a patent of
addition and it expires when the main patent expires.
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22. 6.1.1 Patenting
Types of patent:
Divisional Application: When there is more than one invention in a patent application the applicant
may be required to (or of his own accord) divide the application based on the number of inventions
the application contains. A divisional application may be filed any time before the grant of a patent.
The priority date of the divided applications is the same as the parent patent application.
The applicant can, therefore, choose from any of the preceding mentioned types of applications
depending on the Applicant’s requirements. You may also interested to read patent filing
procedure in India.
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23. 6.1.1 Patenting
How to apply for patent registration in India?
Before filing a “patent application“,
the applicant must be sure about
the kind of application that he/she
wants to file. On the whole, there are
majorly five different types of patent
applications. Each application serves
a different purpose. The applicant must,
therefore, choose the type of patent
application that suits his/her requirements.
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24. 6.1.1 Patenting
How to apply for patent in India? [Continued …]
Following are the important steps of making patent application:
Step 1: Write down the invention (idea or concept) with as much details as possible
Step 2: include drawings, diagrams or sketches explaining working of invention
Step 3: check whether the invention is patentable subject matter
Step 4: Patentability search
Step 5: Decide whether to go ahead with patent
Step 6: Draft (write) patent application
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25. 2. Classification of intellectual property
2.1.1 How to apply for patent in India? [Continued …]
Following are the important steps of making patent application:
Step 7: Publication of the application
Step 8: Request for examination
Step 9: respond to objections
Step 10: Clearing all objections
Step 11: Grant of patent
These steps are described in the attached
MS Word file (File name: Patent Filing).
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26. 6.1.1 Patenting
2.1.1 How to file patent in India? [Continued …]
A patent application can be filled through the following:
• Inventor or inventors
• Owner
• Patent agent
• Licensed attorney
• Legal representative of deceased (dead) person
Drafting application for patenting:
A licensed ‘patent agent’ is the most preferred way for filing patent application. Getting professional
help for drafting patent application remarkable advantages.
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27. 6.1.1 Patenting
Who is a patent agent?
A patent agent should:
(i) be from technical background, and
(ii) be a qualified professional who writes and prosecutes the patent application and
(iii) Be registered with Indian patent office.
(iv) Have knowledge of patent law
(v) Have qualified an examination and must be qualified enough to bring Techno-Legal perspective
to the document.
The patent owner (assignee) and inventor can also file patent application on their own, without
professional help from patent agents. However, guidance of an experienced patent professional
(patent agent) makes a large impact to an extent of patent granted or patent rejected.
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28. 6.1.1 Patenting
Why involvement of a patent agent is crucial?
Writing a patent application is an art as well as a science in itself: Some of the major objects of any
good patent application are:
• Covers entire scope of the invention
• Has broadest possible claims
• Balance between broadest protection possible and at the same time not getting invalidated by
existing prior art
An experienced patent professional understands it well, and implements it to your patent application
making the whole effort worth a lot more that going on your own.
After all intellectual property is just like any other tangible form of property like real estate the better
you build it (in this case, claim it) the more chances of making money out of it.
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29. 6.1.1 Patenting
When patent should be filed?
A patent:
• can be filed at any stage of research
and development (the earlier the better)
• should be filed before publishing the
invention and/or
• should be filed before disclosing/speaking
out to a group of people.
Please read the MS Word file
(File name: Patent Filing).
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30. 6.1.1 Patenting
Where can I file patent in India?
Online patent application filing system:
The facility to file patent applications online is started from 20th July 2007 in India. The best way to
know more about this online filing system is to check this website www.ipindia.nic.in
Patent application filing at physical locations of patent offices in India
There are 4 patent offices in India at locations Chennai, Mumbai, Delhi and Kolkata. Based on the
address of applicant, he can file application for patent in appropriate patent office for his region.
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31. 6.1.1 Patenting
Types of patent:
(i) Ordinary Application: It refers to a patent application which doesn’t claim any priority of
application made or without reference to any other existing application under process with the
Patent office.
(ii) Convention Application: Refers to the application filed by an applicant claiming priority date
based on a similar application filed in one of the convention country. The applicant should file
the application in an Indian Patent Office within twelve months from the date of first filing of a
similar application in the convention country
(iii) The applicant of convention application shall furnish when required by the Controller, copies
of specification or documents certified by the chief of the Patent Office of the convention
country. A translation of the said documents has to be furnished if the same is not in English.
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32. 6.1.2 Trademark
• Trademark: A trademark is a sign capable of differentiating the properties or facilities of one
enterprise/business from those of other businesses. This is a very old practice. Craftsmen used to
put their signature or "mark" on their products in ancient times.
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33. 6.1.3 Trade secret
• Trade secret: This includes manufacturing/industrial secrets/commercial secrets. No
unauthorised person/business/commercial organisation can use this information. This covers
sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers
and clients, and manufacturing processes.
While a final determination of what information
constitutes a trade secret depends on the circumstances
of each individual case, clearly unfair practices in respect
of secret information include industrial or commercial
espionage, breach of contract and breach of confidence.
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34. 6.2 Copyright
This provides a right to creators over
their literary and artistic works
e.g. works covered by copyright range
from books, music, paintings, sculpture
and films, to computer programs,
databases, advertisements, maps and
technical drawings.
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