2) MAIN FIELDS OF APPLICATION OF IPR
3Satara College of Pharmacy, Satara
What is a property?
Property designates those things that are
commonly recognized as being the possessions of
an individual or a group.
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
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
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
Categories of Intellectual Property
IPR is divided into two categories viz.
1) Industrial Property
An intellectual property having direct relation
to industries is called Industrial Property.
6Satara College of Pharmacy, Satara
- Patents for Inventions
- Trademarks (Goods and Services)
- Industrial Designs
relates to artistic creations such as poems,
novels, music, paintings, and cinematographic
7Satara College of Pharmacy, Satara
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
- Producers of phonograms (for example,
compact discs) in their sound recordings;
-Broadcasting organizations in their radio and
8Satara College of Pharmacy, Satara
Duration of Intellectual Property in nutshell
COPYRIGHTS 60 YEARS
PATENTS 20 YEARS
TRADEMARK 10 YEARS
9Satara College of Pharmacy, Satara
Type of Intellectual
Subject Matter Main Fields
Patents New, Non-obvious
Trademarks Signs or Symbols to
identify goods and
Copyright Original works of
(audio, video, motion
broadcasting11Satara College of Pharmacy, Satara
Integrated Circuits Original layout
Industrial Designs Ornamental designs Clothing,
of goods and services
Cheese, and other
12Satara College of Pharmacy, Satara
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
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
‘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
It should meet the following criteria –
- Inventive Step
- Industrial applicability
15Satara College of Pharmacy, Satara
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
Industrial applicability: Invention should possess
utility, so that it can be made or used in an industry.
16Satara College of Pharmacy, Satara
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
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
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
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
- Filed when the invention delay is expected in
submitting full and specific description of
- It is followed by Complete Specification.
- Complete Specification is submitted within 12
months of filing Provisional specification.
19Satara College of Pharmacy, Satara
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
20Satara College of Pharmacy, Satara
Grant of patent
a) Application is filed with one of the patent
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
g) Objection (or adverse report) if any of the
examiner is to be communicated to the applicant
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
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
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
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
Infringment occurs when:
Import of a patented invention
Without permission from patent owner.
But, use of Patent by Government will not constitute
25Satara College of Pharmacy, Satara
Contravention Description Penalty
relating to certain
Failure to comply
with any directions
Imprisonment up to
2 years or with fine
or with both.
entries in register etc
If any person makes
false entry in any
register kept under
Imprisonment up to
2 years or with fine
or with both.
26Satara College of Pharmacy, Satara
of patent rights
If any person falsely
represents that any
article sold by him is
patented in India.
Punishable with fine
that may extend to
Wrongful use of
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
Imprisonment for a
term that may
extend to 6 months,
or with fine, or with
27Satara College of Pharmacy, Satara
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
Any time after three years from date of
sealing of a patent, application for
compulsory license can be made
28Satara College of Pharmacy, Satara
Compulsory license is granted provided:
• Reasonable requirements of public have not been
• 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
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
1) www.caa.in/Image/34_hb_on_IPR.pdf - 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.
31Satara College of Pharmacy, Satara