The document discusses various topics related to intellectual property, including patents, copyright, trademarks, geographical indications, and trade secrets. It provides definitions and explanations of these different types of intellectual property. It also describes what can and cannot be patented, the patent application process, how to conduct a patent search, and some key case laws related to patents for computer science and artificial intelligence technologies.

1. What is
Intellectual
Property?
➢ Intellectual Property is an intangible property.
➢ Intangible properties are those which can’t be felt/touched by human
sense, unlike other physical properties.
➢ Tangible properties are those which can be felt by human senses.
➢ Intellectual Property is the creation of human intellect whether it is a
Patent, Copyright, Trademark etc.
➢ All the IPRs are territorial rights and valid only in the territory of the
granted nation.

2. Why IP Protection is important?
Occupying the market share: - It will help the companies to
protect their intellect either patent, trademark, etc. If it is left
unprotected it will lead to duplicacy in the market that will cause
loss to consumers and companies.
To focus on business growth: - If an IP of the organization is
registered and protected, it will help the organization to save a
lot of time and money for filing infringement claims, and will
provide space for business growth, helping to increase capital
expenditure.
Better identification of assets: - For IP protection, it undergoes
several processes, such as IP filing and examination, which
processes their unique and innovative IP for legal protection.

3. What kinds of rights is being provided?
Once the rights to provide to the owner of the intellectual property, the
owner gets the following rights:-
1. Absolute right to exploit it commercially.
2. Right to publish it.
3. Right to sell it.
4. Right to lease or rent it.
5. Right to provide a license for it.
6. Right to assign it.

4. Patents Copyrights Trademarks Trade Secrets
Different Types of IPR
Register Design

5. ➢ Patents:- Provided for the invention.
➢ Copyright: - Provided for the artistic, literary, musical
work, etc.
➢ Trademark: - Provided for the protection of the logo of
the brand.
➢ Geographical Indication: - A sign of the product which
has a specific geographical origin.
➢ Industrial Design:- Protects the visual design of the
object.
➢ Trade Secret:- Practice or process of a company generally
not known outside the company such as formula,
substance, etc.
Different Types of IPR

6. ➢ Patents are critical for protecting inventions and designs.
➢ The invention means any novel product or process which carries inventive
steps and industrial capability is eligible to be filed for a patent within the
meaning of the act.
➢ The patent is granted for 20 years from the priority date or filing date
which so ever is earlier, the tenure is not renewable.
➢ There are various ways to file patents in India, it can be either filed by the
ordinary patent application at Indian Patent Office, or the inventor can opt
for the way of the PCT filing.
Patents

7. A machine, manufacture, process, or composition of matter
can be patented if it demonstrates the following three
characteristics:
Novelty: A machine, manufacture, process, or composition of
matter must not have been previously described or known.
Utility: An invention must function as intended.
Non-Obviousness: A patent requirement that ensures that the
idea is new.
“The Patent Act”
What, Exactly, Can
You Patent?

8. Two Categories for Patentable Inventions

9. Processes
Products

10. Different Types of Patents
Patents
Complete
Specification
Provisional

11. The invention is capable of
being made or used in any
kind of industry.
Industrial Application Means

12. What can not be a Patent ?
The following are not inventions within the meaning of this Act,—
(a) an invention which is frivolous or which claims anything obviously
contrary to well established natural laws;
(b) an invention the primary or intended use or commercial
exploitation of which could be contrary to public order or morality or
which causes serious prejudice to human, animal or plant life or
health or to the environment;
(c) the mere discovery of a scientific principle or the formulation of
an abstract theory or discovery of any living thing or non-living
substance occurring in nature;
Section 3

13. What can not be a Patent ?
d) the mere discovery of a new form of a known substance which
does not result in the enhancement of the known efficacy of that
substance or the mere discovery of any new property or new use for a
known substance or of the mere use of a known process, machine or
apparatus unless such known process results in a new product or
employs at least one new reactant.
(e) 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;
(f) the mere arrangement or re-arrangement or duplication of known
devices each functioning independently of one another in a known
way;

14. What can not be a Patent ?
(h) a method of agriculture or horticulture;
(i) 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.
(j) plants and animals in whole or any part thereof other than micro
organisms but including seeds, varieties and species and essentially
biological processes for production or propagation of plants and
animals;
(k) a mathematical or business method or a computer program per se
or algorithms;

15. What can not be a Patent ?
(l) a literary, dramatic, musical or artistic work or any other aesthetic
creation whatsoever including cinematographic works and television
productions;
(m) a mere scheme or rule or method of performing mental act or
method of playing game;
(n) a presentation of information;
(o) topography of integrated circuits;
(p) an invention which in effect, is traditional knowledge or which is
an aggregation or duplication of known properties of traditionally
known component or components.

16. What can not be a Patent ?
Section 4
Inventions relating to atomic energy not patentable
No patent shall be granted in respect of an invention relating to
atomic energy falling within sub-section (1) of section 20 of the
Atomic Energy Act, 1962 (33 of 1962).

17. ➢ It is a legal term that is used to describe the rights of
the creator over their artistic and literary work.
➢ To protect the expression in artistic or literary work,
the expression shall be original of the author, and not
shall be in duplication, the quality of work is not
related to protection.
➢ The work under literary and artistic can be covered in
books, music, painting, films, computer programs
(Code, algorithm), databases, advertisements, maps,
architectural design, and others related to the same.
➢ The tenure of the copyright is for the lifetime of the
author and 60 years after his/her death.
Copyright

18. ➢ A trademark is a sign capable of distinguishing the goods or services
of one enterprise from those of other enterprises.
➢ A sign which is recognized by a number of people in society and
deemed to trademark of the organization. The number is not absolute,
it shall have recognition in public.
➢ The trademark is being given for a word, mark, or combination of
words.
➢ The trademark shall not be provided for generic terms such as
Natural or any other. Generic terms are those which are in common use
by the public and not distinguishing from others.
➢ There are two types of Trademarks, registered and unregistered. The
registered trademarks are eligible for a suit of infringement, and
unregistered trademarks are eligible for passing off, which is a tort.
➢ The tenure of the trademark is 10 years.
Trademark

19. ➢ GI is a sign used on products that all have a specific
geographical origin and possess quality or reputation that is due
to that particular product. Such as Basmati Rice, Kolhapuri
Chappal, Champagne, etc.
➢ The tenure of the GI tag is for 10 years, which is eligible for
renewal.
➢ Trade secrets are information that is kept secret, and has a
commercial value in the market, and the owner of such
information takes reasonable steps to keep it secret.
➢ The trade secret is provided for any formula or recipe for some
food item. For exp. Coca-Cola has protected its recipe as a trade
secret for its soft drink product.
Geographical Indication, and Trade
Secrets

20. Invention Disclosure Form
(Annexure 1)

21. Applying For A Patent
1. Determine the Type of Patent
(utility, provisional, or design)
2. Docoument your process
2.1 Conceiving the invention.
2.2 reducing it to practice.
3. Keep your idea confidential.
4. Conduct a patent search
5. File a patent application
6. Modifiaction of patent based on raised objection

22. Internal Patent Filing Process
➢ Annexure 1 (Invention disclosure form) filling and submission.
➢ What is expected in Annexure 1:
i. State art or the prior art i.e., comparison based on novelty, inventive step, non-obviousness defending proposed
idea.
ii. Working of the prototype in detail along with the working of each component.
iii. Block diagram or flow diagram
iv. Outcome from the prototype of the invention.
➢ Annexure 1 (invention disclosure form) is to be downloaded from the UMS.
➢ Annexure filling is an important task and should be completely filled before submitting any idea request.
➢ Annexure 1 format.

23. Misconceptions about Patents
1. General ideas cannot be protected with a patent
2. There is no concept of international patent.
3. You cannot keep your invention as a secret.
4. A patent does not guarantee you to produce and sell your product.
5. A patent is not a guarantee that your are not infringing someone else’s patent.
6. A patent doe not create market demand for your invention.

24. Shortlist Keywords
Search Databases
Extensive Internet Based Search
Analysing Results
Synonyms Words
Patent Searching

25. Prior art consists of information available to the public including:
➢ Patents and published patent applications
➢ Journal and magazine articles
➢ Books, manuals, and catalogs
➢ Websites
➢ Conference proceedings
➢ Scientific papers
Patent Searching

26. Free Paid
i. Google Patent
ii. Espacenet
iii. Indian Patent Office
iv. USPTO Web Patent Database
v. PQAI
vi. Patentscope by WIPO
i. Derwent World Patents Index
ii. PatBase
iii. PatSeer
iv. Drug Patent Watch
v. Patsnap
vi. Xlscout
vii. WIPO’s INSPIRE
Patent Searching

27. Patent information can be searched byusing:
➢ Keyword
➢ International Patent Classification
➢ Dates (e.g. priority date, application date, publicationdate, grant date)
➢ Patent reference or identification number (application number, publication number, patent number)
➢ Names of applicants/assignees or inventors
➢ Boolean Operators (AND, OR, ANDNOT)
➢ Truncations: primary root by using an operator called a wildcard, usually an asterisk (*), a question mark(?).
➢ Nesting: Use of parentheses ( ) to organizesearch
➢ Phrases: Use of quotation marks (“ ”) to surround a single search
Patent Searching Techniques

28. Boolean Searching Technique
Patent Searching Techniques

29. Classification System of Patent Searching
Patent Searching Techniques

30. Classification System of Patent Searching
Patent Searching Techniques

31. Patents and Case Laws related to
Computer Science
The first patent related to the blockchain was granted to CoinDesk, the industrial and Commercial Bank of China
(ICBC), which has explored ways to authenticate digital certificates and store data in a shareable blockchain. The
bank aimed to use a blockchain-based system to improve the efficiency of certificate issuance and save users from
repetitively filing the same document to multiple entities. In this patent, the system will where the certificate issuer
will first match the user’s credential with a particular certificate digitally. Upon approval, the data will be encrypted
and moved onto a blockchain which will be distributed ledger held by different entities that could potentially
certificate requires.
After the first patent, the IBM is leading company that files the most number of patents in blockchain technology and
filed 89 patents related to blockchain, followed by Mastercard which filed 80 patent applications related to
blockchain technology.

32. IN393093 This patent provides a method for improving advertisement efficiency through the implementation of
blockchain technology. The method of the present invention facilitates an advertiser to place an advertisement with
prioritized criteria to improve a transparent transaction and return on the investment. The request is to be transferred
from the advertisement integration module to SSP on an automated assessment basis, and the shortlisted
advertisement is to be broadcasted over the advertisement integration module. The advertisement data is then
transmitted to the approved digital platforms and real-time user response data from the approved digital platform.
US10649988B1, Artificial intelligence, and machine learning infrastructure, this patent is related to an infrastructure
system based on artificial intelligence and machine learning which includes one or more storage systems comprising
one or more storage devices, and one or more graphical processing units which are configured to communicate with
one or more storage system over a communication fabric.
US20220058569A1, A value chain system that provides recommendations for designing a logistics system that
includes a machine learning system that trains machine-learning models for output logistics design recommendations
based on training data sets that define one or more features of the logistic system, the artificial intelligence present in
the invention receives a request for a logistics system design recommendation and determines the logistics system
design recommendation based on one or more of the machine learned models and the request.

33. In India Context
Patent Number 411059, this patent was filed in Jan 2022 and granted in Nov 2022. This invention is related to
Artificial Intelligence controlled door access system for dwellings, the system is integrated with different kinds of
sensors, and cameras to define the user in the predefined range for automatic lock/unlock of the entry door. The
artificial intelligence tool comprises a first neural network trained model to detect the presence of the outsider within
a range, and a second neural network to define and detect whether is the face covered with anything or not, upon
detection gives a number of warnings to remove the covering from the face, the second neural network is also
responsible for sending alert to lock/unlock the electric lock of the door.
Patent Number 373372 is a system based on Artificial Intelligence for the determination of traffic violations, the
system is working on deep convolutional neural networks and machine vision-based algorithms for performing a task
of detection and recognition to provide a complete solution to safe, legal, and comfortable parking, driving. Artificial
intelligence can be trained to recognize and be educated as well in the laws and regulations for the use of roadways to
help the process through the interactive console.

34. Case Laws: -
In Ferid Allani v UoI, the Delhi High Court held that computer engineering plays a major role in the development
of the nation, and merely a subject matter based on the computer program, it doesn’t make it non-eligible for patent
granting. In today’s time there are emerging technologies that are solely based on computer programs such as
blockchain, hence this technology can’t be rejected for a patent. If an application shows any technical advancement
to the existing art, it shall be the subject matter of Patent Filing subject CRI Guidelines 2013.
In Telefonaktiebolaget LM Ericsson v. Intex Technologies (India) Limited, the court dismissed the argument of the
defendants on the count of the non-patentability of computer programs under S. 3(k) and the patent was granted not
on the idea of the invention but the technical process by which the invention carries it out. It was also stated that
any invention which has a technical contribution or has a technical effect and is not merely a computer program per
se is patentable.
Allice Corp. v. Cls Bank (2o14), It is a US-based case that is related to the patentability of computer programs. In
this, the Supreme Court of the USA gave the guidance which helped to invalidate the egregious software patent
which seeks patent protection. The apex court did not labor to delimit the precise contours of the abstract ideas. The
court in brief held, merely requiring generic computer implementation fails to transform an abstract idea into a
patent-eligible invention; mere recitation of the generic computer cannot transform a patent-ineligible abstract idea
into a patent-eligible matter.