The document provides an overview of intellectual property rights including copyright, trademarks, industrial designs, geographical indications, and patents. It discusses what these different types of intellectual property are, how they are obtained and protected, requirements for protection, and examples. Key points covered include how long various intellectual property rights last, the process for patenting an invention, common patent jargon, where to search for patent information, and contact information for patent offices.

1. WHEN, WHERE AND HOW TO
PATENT YOUR INNOVATIONS
By
Rajeev

2. INTELLECTUAL PROPERTY RIGHTS
• Rights given to persons over the creations of
their minds.
• Give the creator an exclusive right over the
use of his/her creation for a certain period of
time.
• Classified into
- Copyright and related to copyright
- Industrial Property

3. COPYRIGHT
©

4. WHAT IS A COPYRIGHT?
• Applicable to any expressed representation of
creative work.
• Literary, dramatic, artistic, musical works,
producers of cinematograph films, sound
recordings.
• Time period - life time + 60 years

5. EXAMPLE OF COPYRIGHT
Who all have rights in musical sound recording?
• the lyricist who wrote the lyrics
• the composer who set the music
• the singer who sang the song
• the musician(s) who performed the
background music
• the person or company who produced the
sound recording.

6. TRADE MARK
™

7. WHAT IS A TRADE MARK?
• A trade mark is a visual symbol.
• A word, signature, name, device, label,
numerals or combination of colours.
• Used to distinguish goods or services from
other similar goods or services.
• Time period - 10 years + No limit

8. SOME EXAMPLES OF TRADE MARKS

9. TYPES OF TRADE MARKS
• Goods/Product Mark
• Service Mark
• Quality Mark
• Collective Mark

10. SERVICE MARK ℠

11. QUALITY MARK

12. COLLECTIVE MARKS

13. GEOGRAPHICAL INDICATIONS

14. WHAT IS 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 etc)
• May also imply production skills/processes
associated with region
• Collective right, protecting knowledge remains in
the public domain
• Time period - 10 + No limit

15. EXAMPLES OF GEOGRAPHICAL INDICATIONS
Nagpur oranges
Kanchipuram Silk Saree
Darjeeling Tea

16. INDUSTRIAL DESIGN

17. WHAT IS INDUSTRIAL DESIGN?
• Shape or configuration
• Pattern, ornamentation or composition of
lines or colours applied to any article by any
industrial process
• The finished article appeals to and judged
solely by the eye.
• Time period - 10 years + 5years

18. REQUIREMENT FOR FILING DESIGN
• New or original
• Not be disclosed to the public in any form
• Distinguishable from known designs or
combination of known designs

19. EXCLUSION
• Books, jackets, calendars, certificates, forms-and other
documents, dressmaking patterns, greeting cards,
leaflets, maps and plan cards, postcards, stamps,
medals;
• Labels, tokens, cards, cartoons
• Buildings and structures
• Parts of articles not manufactured and sold separately
• Mere change in size of article
• Flags, emblems or signs of any country. Layout designs
of integrated circuits.

20. •What drives the design?
–Shape
–Surface ornamentation
–Color contrast
–Texture contrast
DESIGN

21. Rear Body Portion
Disclaimed
Grilles
Disclaimed

23. PATENT

24. WHAT IS A PATENT?
• Patent is an exclusive right granted by the
government to the applicant for an
invention for a limited period of time in
lieu of disclosure of his invention.
• Right to stop others from using the
invention without permission.
• A patent is a business tool, patents spur
interest in turning research results into
products that benefit the public.

25. HISTORY OF INDIAN PATENT SYSTEM
• 1856 - the act vi of 1856 on protection of inventions based on the british
patent law of 1852. Certain exclusive privileges granted to inventors of new
manufacturers for a period of 14 years.
• 1859 - the act modified as act xv; patent monopolies called exclusive privileges
(making. Selling and using inventions in india and authorizing others to
do so for 14 years from date of filing specification).
• 1872 - the patents & designs protection act.
• 1883 - the protection of inventions act.
• 1888 - consolidated as the inventions & designs act.
• 1911 - the Indian patents & designs act.
• 1972 - the patents act (act 39 of 1970) came into force on 20th April 1972.
• 1999 - patents (amendment) act, (1999) on march 26, 1999 came into force
from 01-01-1995.
• 2002 - the patents (amendment) act 2002 came into force from 20th may 2003
• 2005 - the patents (amendment) act 2005 effective from 1st January 2005.

26. WHAT YOU NEED TO KNOW ABOUT
PATENTS
• What legal rights do patents provide (and not
provide)?
• Who owns these rights?
• What types of inventions are patentable?
• What are the legal requirements for patentability?
• What problems can arise?
• What is the process for patenting an invention?
• Who is an inventor?
• Why are the claims so important?

27. THE INVENTION MUST BE NEW
•Prior to the filing
Publicly known/worked Available through the
electronic networks
Published

28. WHAT NOT TO DO WHEN CONSIDERING
FILING A PATENT APPLICATION
• No publication prior to filing
- e.g. no article, press release, conference
presentation/poster/proceedings or blog entry
• No sale of products incorporating the invention prior to
filing.
• No lecture or presentation prior to filing.
- except under a non-disclosure agreement (NDA)
• Seek professional advice soon.
• File before others do.

29. INVENTIVE STEP
THE INVENTION MUST BE DIFFICULT TO MAKE
Publicly known/worked
Available on the Net Published
An
invention
A person having ordinary
skill in the art combine the
information

30. AN INVENTION WHICH CAN BE EASILY MADE
Prior art
Casters for facilitating
The movement of a chair
Present invention
Casters for facilitating
the movement of a desk

31. INVENTIVE STEP
NaOH + HCl NaCl + H2O
KOH + HCl KCl + H2O
KOH + HCl KCl + H2O
Non-obvious and having inventive step
Catalyst

32. PATENT INFORMATION

33. MUCH INFORMATION ONLY AVAILABLE
IN PATENTS
Published
elsewhere
Published
in patents
80% found only in patents!
Where do secretive competitors publish their R&D?

34. SOLUTIONS FOUND IN PATENT
DOCUMENTS
10%
Protected
90%
Free to use
You can find many great solutions for free!

35. PATENT SEARCHING
• Search for ‘automatic razors’ – Found relevant information
under, “shaver,” “de-hairing device,” “hair removing device,”
and even “unhairing device.”
• Search for Aspirin - Found under “acetylsalicylic acid”, “anti-
inflammatory agent or cardiovascular drug”
• Search for printer – Found under “output device”, “physical
print media”

36. KEYWORD SEARCHES OR TECHNOLOGY CLASS SEARCHES?
• Patent applicants don't
use a common language
– Legal implications
– Scope of protection
– Hide from competitors
• Hard to find the right
keywords
• Good results usually
require professional
patent search
experience
KEYWORD SEARCHES
• Each patent classified by
patent professionals
• IPC is hierarchical and
very detailed: you can
gradually narrow down
searches
• Descriptions of classes
written in such a way as
to be easily found and
understood
• Little experience required
• BUT: IPC classes won't
match your needs 100%
TECHNOLOGY CLASS SEARCHES

37. PATENT JARGON
writing instrument = pen
a plurality of balls = ball bearing
spherical object
with floppy filaments
to promote sure capture = toy ball

38. PATENT JARGON IN ELECTRONICS
electrical power source for electronic
circuits
semiconductor switching
device with a control electrode
galvanically isolated electrical
coupling means
= battery
= transistor
= transformer

39. PATENT JARGON IN GENERAL
TECHNOLOGY
elongate member = pipe, riser, cable
or optical fibre
wing = door or window

40. PATENT JARGON IN GENERAL
TECHNOLOGY
energy-storing means = spring
fastening means = nail, screw or rivet, etc.

41. 12 KEY TECHNOLOGY AREAS
30% Computing & Peripherals
13% Telecommunications
12% Automotive
12% Semiconductors
8% Medical Devices
8% Pharmaceuticals
6% Domestic Appliances
5% Aerospace
4% Biotechnology
2% Petroleum
1% Food, Tobacco, Beverage Fermentation
1% Cosmetics

42. TYPES OF INFORMATION
• Bibliographic Search
• Patentability Search
• State of the Art Search
• Continuing Search
• Assignment Search
• Infringement Search
• Validity Search
• Rights Termination Search

43. NUMBERS OF PATENT APPLICATIONS FILED BY INDIANS IN
WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)
Year Individuals Legal Entities Total
2009-2010 231 521 752
2010-2011 243 628 871
2011-2012 254 519 773
2012-2013
(Till January, 2013) 171 475 646

44. WHAT HAPPENS IF YOU DO NOT PATENT YOUR
INVENTIONS?
• Somebody else might patent them - legitimately
exclude you
• Competitors will take advantage of your invention –
competitor firms, cheap market price
• Possibilities to license, sell or transfer technology will
be severely hindered - Without IP rights, transfers of
technology would be difficult.

45. WHO CAN FILE A PATENT?
• True & First inventor
• Assignee of True & First inventor
• Legal representative of a deceased person
• Either alone or jointly with other person

46. FORM OF APPLICATION
• Patent shall be for one invention only
• In the prescribed format
• Filed in the Patent Office
• Accompanied by a provisional or
complete specification

47. TYPES OF APPLICATION
• Ordinary application
• Conventional application
• International application
• National phase application
• Divisional application
• Patent of Addition

48. COMPLETE SPECIFICATION
• Title
• Description of the invention
• Claims
• Drawings
• Abstract

49. TITLE OF THE INVENTION
• Should indicate the subject
• Precise, within 15 words
• Consistent with description and claim
- “Improved electrical switch”
- “An electrical switch for use in a domestic lighting
circuit”
- “Data transfer using the bluetooth low energy
standard ”

50. DESCRIPTION
• Description discusses the invention
• Should reflect that invention:
– novel
– inventive
– industrially applicable
– patentable under Indian Patent Law

51. CONTENTS OF THE DESCRIPTION
• Field of the Invention
• Background of Invention
– Prior Art details
– Objects of Invention
• Statement of Invention
• Detailed description of Invention
– Working examples
• Drawings

52. FIELD OF INVENTION
• Shall indicate the specific area of invention
• Brief information about the invention along
with the use of the invention
– e.g., “The present invention relates to electronic
devices with network connections. More
specifically, the described embodiments relate to
electronic devices that transfer data using the
Bluetooth Low Energy standard.”

53. PRIOR ART
• Is a brief write-up of what is known before the
invention; sets out the problems associated with
each of the known art; and describes the problem
proposed to be solved by the invention.
• In India, this is not mandatory.

54. PRIOR ART
Different approach
Invention

55. OTHER FACTORS
• Generic expressions should be substantiated
/supported properly.
• The names/terms used should be familiar to
the person skilled in the art.
• Any newly coined terms/named should be
clearly described

56. DRAWINGS
• Brief description on drawings
• More detailed description with reference to
each drawings
– Mechanical, electrical, electronics – utmost importance
– Chemical, pharmaceutical, biotechnology – as a support
• Unique part numbers along with the parts
• No descriptive matter shall appear on the
drawings except in the flow diagrams.

57. DRAWINGS
• Filed separately, shall be not included in the
description
• At least one copy - neatly and clearly on a durable
paper sheet.
• A4 size sheets with a clear margin of at least 4 cm
on the top and left hand and 3 cm at the bottom
and right hand of every sheet
• Sufficiently large to show the inventions clearly
and dimensions shall not be marked on the
drawings

58. Name of Applicant: Total No. of Sheets:
Application No: Sheet No:
Signature of Applicant
58

59. CLAIMS
• Claims define boundary of monopoly.
• Claims should relate to a single invention.
• Claims should be clear and concise.
• Claims should be supported by description.
• Principal claim should define all essential
novel features.
• Preferred features may be given in the
subordinate claims.

60. TYPES OF CLAIMS
• Product claim
• Process claim / method claim
• Product-by-process claim
• Swiss type claim or use claim
• Composition claim
• Combination claim

61. BICYCLE
1. A transport device for a human being characterised by
a. two or more wheels
b. at least one wheel lying in front of the other wheel or wheels, a frame
to which the wheels are rotatably connected,
c. a manually operable bar arranged to change the position of the front
wheel with respect to the rear wheel or wheels whereby the transport
device can be steered,
d. and foot-operable means to cause rotation of at least one wheel.
2. A transport device according to claim 1 in which there are two wheels
arranged as front and rear wheels in the same plane.
3. A transport device according to claim 2 in which the foot operable means
is arranged to cause rotation of the rear wheel.
4. A transport device according to any preceding claim in which the front
and rear wheels are of equal diameter.

62. THE IP BEHIND THE BLACKBERRY
Patent
Patent CA 2508239
A display for a handheld computing
device includes a display panel; a
circuit board carrying display
electronics for the display panel; a
cover assembly securing the display
panel to the circuit board; and a
resilient layer adhered to the circuit
board for securing the display to the
computing device.
Inventors: HOLMES, CHEN, SIMOES
Owner: RESEARCH IN MOTION
LIMITED
Trade-mark
Trade-mark Registration
TMA 638068
Wares/Services:
Electronic handheld
units
Registrant: RESEARCH
IN MOTION LIMITED
Industrial Design
Industrial Design
Registration 125919
Title: Handheld
Electronic Device
Registrant:
RESEARCH IN
MOTION LIMITED

63. Do you know?
90%of patents are for
improvements
to existing patented inventions

64. PATENT EXAMINATION
1. Patentability
2. Clarity of Description / Claims
3. Unity of invention
4. Novelty
5. Inventive step
6. Sufficient disclosure / Industrial applicability

65. REQUEST FOR EXAMINATION
• No Patent application shall be examined
without filing request.
• Within 48 months from the date of filing.
• Third party can file a request.

66. GRANT OF PATENT SUBJECT TO
CERTAIN CONDITIONS
• Government can use for its own purpose.
• Any person can use for experiment or research
purpose.
• Government can use for public service by a
notification in the Official Gazette.

67. IS THERE A WORLDWIDE PATENT?
• No, it is a territorial right.
• Have to file in the countries interested.

68. WORD
NAME
LOGO
e.g. for same
Pressure Cooker
“PRESTIGE”
“HAWKINS”
“BUTTERFLY”
Any modification in
SHAPE
PATTERN
CONFIGURATION
e.g. Shape of a
HANDLE or BODY
PORTION of a
Pressure Cooker
Inventions relating
to
CONSTRUCTIONAL
FEATURES
e.g. Safety Valve
Mechanism of a
PRESSURE COOKER
TRADE MARKSDESIGNSPATENTS
INDUSTRIAL PROPERTY

69. GLIMPSE
• Copyright – Literary or Artistic – life time + 60
years
• Geographical Indication – quality of the
product – 10 + No limit
• Trademark – Logo or Name – 10 years + No
limit
• Designs – Aesthetics – 10 years + 5years
• Patents – Technology – 20 years

70. WEBSITES FOR FINDING PATENTS
• www.worldwide.espacenet.com
• www.ipindia.nic.in
• www.nifindia.org
• www.nrdcindia.com
• www.patft.uspto.gov
• www.wipo.int

71. CONTACT
PATENT OFFICE
IPR Building,
GST Road,
Guindy,
Chennai – 600 032.
Ph: 044-22502039
Website: ipindia.nic.in
Dr. S.P. SUBRAMANIYAN
Assistant Controller of
Patents & Designs
E-Mail:
spsubramaniyan@nic.in,
spsubramaniyan@hotma
il.com
Ph: +91 9444122064

72. JOB OPPORTUNITIES

73. QUERIES

74. THANK YOU