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Concept of IPR and patent


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This presentation covers a brief introduction about IPR and patent.

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Concept of IPR and patent

  3. 3. 1. INTRODUCTION What is a property? Property designates those things that are commonly recognized as being the possessions of an individual or a group. Types a) Tangible: is physically present e.g. Building, land, house b) Intangible : cannot be felt physically e.g. Intellectual property 4Satara College of Pharmacy, Satara
  4. 4. Examples of intellectual property: An author’s copyright on a book or article, a distinctive logo design representing a company and its products, etc. Intellectual Property Rights (IPR) The rights given to people over the creation of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. 5Satara College of Pharmacy, Satara
  5. 5. Categories of Intellectual Property IPR is divided into two categories viz. 1) Industrial Property 2) Copyright An intellectual property having direct relation to industries is called Industrial Property. 6Satara College of Pharmacy, Satara
  6. 6. It includes: - Patents for Inventions - Trademarks (Goods and Services) - Industrial Designs -Geographical Indications relates to artistic creations such as poems, novels, music, paintings, and cinematographic works. 7Satara College of Pharmacy, Satara
  7. 7. A closely associated field is “related rights” or “rights related to copyright” encompass rights similar to copyright. The beneficiaries are: - Performers (such as actors and musicians) in their performances; - Producers of phonograms (for example, compact discs) in their sound recordings; and -Broadcasting organizations in their radio and television programs. 8Satara College of Pharmacy, Satara
  9. 9. 10Satara College of Pharmacy, Satara
  10. 10. Type of Intellectual Property Rights Subject Matter Main Fields Patents New, Non-obvious Industrially applicable Drugs, Chemicals, Plastics, Engine, Turbines, Electronics, Industrial controls and Scientific equipments Trademarks Signs or Symbols to identify goods and services All industries Copyright Original works of authorship Printing, Entertainment, (audio, video, motion pictures), software, broadcasting11Satara College of Pharmacy, Satara
  11. 11. Integrated Circuits Original layout designs Micro-electronic industry Industrial Designs Ornamental designs Clothing, Automobiles, Electronics Geographical indications Geographical origins of goods and services Wines, Spirits, Cheese, and other Food products 12Satara College of Pharmacy, Satara Continued…
  12. 12. 3. PATENTS Patent is a grant for an invention by the Government to the inventor in exchange for full disclosure of the invention. Exclusive right granted by law to applicants/ assignees to make use of inventions for a limited period of time (generally 20 years from filing). 13Satara College of Pharmacy, Satara
  13. 13. What can be patented? Any invention which can be a product or process that provides a new way of doing something or offers a new technical solution to something. What cannot be patented? Inventions falling within Section 20(1) of the Atomic Energy Act, 1962 14Satara College of Pharmacy, Satara
  14. 14. ‘Invention’ under patent law Sec.2(1)(J) of the Patent Act, 1970 - Invention means a new product or process involving an inventive step and capable of industrial application Patentable invention It should meet the following criteria – - Novelty - Inventive Step - Industrial applicability 15Satara College of Pharmacy, Satara
  15. 15. Novelty: The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India. Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document. Industrial applicability: Invention should possess utility, so that it can be made or used in an industry. 16Satara College of Pharmacy, Satara
  16. 16. Types of Patent Applications 1) Ordinary Application 2) Patent of Addition (granted for Improvement or Modification of the already patented invention, for an unexpired term of the main patent). 3) Divisional Application (in case of plurality of inventions disclosed in the main application). 4) Convention application, claiming priority date on the basis of filing in Convention Countries. 5) PCT International Application (Filing in all designated countries, simple and economical for filing in many countries) 17Satara College of Pharmacy, Satara
  17. 17. Who can apply for patent? The inventor may make an application, either alone or jointly with another person or his assignee or legal representative of any deceased inventor or his assignee. Essential Documents with patent application There are two types of documents known as Patent Specification and includes: a) Provisional Specification b) Complete Specification 18Satara College of Pharmacy, Satara
  18. 18. Provisional Specification: - Filed when the invention delay is expected in submitting full and specific description of invention. - It is followed by Complete Specification. - Complete Specification is submitted within 12 months of filing Provisional specification. 19Satara College of Pharmacy, Satara
  19. 19. Complete specification - The complete specification is an essential document and includes: 1) Title of invention, 2) Field of invention, 3) Background of invention with regard to the drawback associated with known art, 4) Object of invention, 5) Statement of invention, 6) A summary of invention, 7) A brief description of the accompanying drawing, 8) Detailed description of the invention with reference to drawing/examples, 9) Claim(s), 10) Abstract 20Satara College of Pharmacy, Satara
  20. 20. Grant of patent a) Application is filed with one of the patent offices. b) Controller makes allotment of the application to the examiner. c) Examiner determines the procedural validity and compliance . d) Examination of patent application. e) Prior art search covering publication in India and abroad is done. f) First examination report- in 18-24 months. 21Satara College of Pharmacy, Satara
  21. 21. g) Objection (or adverse report) if any of the examiner is to be communicated to the applicant for compliance. h) If the requirements are complied with, the claims of patent are published in Gazette of the patent office (takes normally 6 months). i) Section 25 allows for opposition of any member of public. j) If the applicant overcomes the oppositions and the examiner accepts the submitted complete specification by advertising in the official gazette. 22Satara College of Pharmacy, Satara
  22. 22. k) After accepting the complete specification (Plain or after opposition), the patent shall be granted to the applicant. l) Controller shall seal the patent with the seal of patent office and the date of sealing of patent is entered into register. 23Satara College of Pharmacy, Satara
  23. 23. Opposition Any person intended can oppose the grant of patent within 6 months from the date of publication in Official Journal (Pre-Grant Opposition) or within 1 year of grant of patent (Post- grant opposition). Opposition can be raised when: 1)Patent is wrongfully obtained from the person opposing the application. 2) Invention is obvious to person skilled. 3) The claims do not relate to an invention. 4) The best mode is not disclosed in the complete specification. 24Satara College of Pharmacy, Satara
  24. 24. Patent Infringement Infringment occurs when: Manufacture Sale or Import of a patented invention Without permission from patent owner. But, use of Patent by Government will not constitute Infringement. 25Satara College of Pharmacy, Satara
  25. 25. Contravention Description Penalty Contravention of secrecy provisions relating to certain inventions (Sec.118) Failure to comply with any directions given under section 35. Imprisonment up to 2 years or with fine or with both. Falsification of entries in register etc (Sec.119) If any person makes false entry in any register kept under this Act. Imprisonment up to 2 years or with fine or with both. Penalties : 26Satara College of Pharmacy, Satara
  26. 26. Unauthorized claim of patent rights (Sec.120) If any person falsely represents that any article sold by him is patented in India. Punishable with fine that may extend to Rs.1,00,000. Wrongful use of words, "patent office" (Sec.121) If any person uses on his place of business or any document the words “patent office” lead to the belief that his place of business is connected with the patent office. Imprisonment for a term that may extend to 6 months, or with fine, or with both. 27Satara College of Pharmacy, Satara Continued..
  27. 27. Compulsory License Compulsory Licensing (CL) allows governments to license third parties (that is, parties other than the patent holders) to produce and market a patented product or process without the consent of patent owners. Any time after three years from date of sealing of a patent, application for compulsory license can be made 28Satara College of Pharmacy, Satara
  28. 28. Continued.. Compulsory license is granted provided: • Reasonable requirements of public have not been satisfied; • Patented invention is not available to public at a reasonably affordable price or • Patented invention is not worked in India. Section 92A of Patents Act, 1970 provides for compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems. 29Satara College of Pharmacy, Satara
  29. 29. 4. CONCLUSION The legal protection of new creations is necessary because it encourages innovation. The promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life. 30Satara College of Pharmacy, Satara
  30. 30. 5. REFERENCES 1) - Adukia Rajkukumar S., Handbook of Intellectual Property Rights in India. 2) Dr. Kuchekar B. S., Khadtare A. M., Itkar Sachin C., ‘Forensic Pharmacy’, Eighth edition, Nirali Prakashan, Pg. no. 16.1-16.20. 3) Subbaram N. R., “What Everyone Should Know About Patents”, Second edition, Pg no. 1-16, 17-45, 77-84. 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) NLSUI%20Oct'2010.pdf 31Satara College of Pharmacy, Satara