Intellectual properties definition/ uses certification

1. INTELLECTUAL
PROPERTY RIGHTS

2. WHAT IS IPR?
• IP -Creation of the mind such as inventions
(scientific, software program) artistic
(composition of music) and literary (poem,
Novel, essay)creations.
• The statutory IPR once granted to a
person, he becomes the owner and has the
right to exclude others from exploiting the
same commercially for a given period of
time.
• IPR permits the owners to enjoy the
benefits when the property is exploited
commercially.

3. PATENT
It is given by the Government to the creator of
the invention, conferring exclusive right to
make use and sell that invention for a period
of 20 yrs, provided a maintenance fee is paid
annually.
Separate patent for the same invention has to
be obtained for each country.
Patentable Invention should not have been
patented by somebody.
Invention related to atomic energy is not
patentable.

4. The invention for which the patent
is given must be a product or
process, and must have novelty,
creativity and utility.
A patent is registered in the office
of the Controller General of
Patents, Designs and Trademarks.

5. Territoriality of patent:
• A patent is protected by law.
• Patent law is territorial, i.e., a
separate patent should be
obtained in each country.
• Thus Indian patent law protects
inventions only in India.

6. Patentability search:
• To obtain a patent for an invention, patentability
search is necessary.
• A patentability search is a search (e.g.through
computer database)in order to ascertain that the
product for which the patent is to be claimed was not
already patented elsewhere and that it is not a
traditional knowledge.
• Patentability search requires the following detailed
information about the invention

7. •Illustration or photographs of the invention, showing
how it is made, operated and used
•Any known earlier similar design
•A summary of the shortcomings of the earlier designs
with an explanation of how these shortcomings are
overcome in the present design
•List of other advantages, possible applications, etc.
•Details of any possible variants or modifications that
could be made without deviating from the general
concept of the invention.

8. Applicant of patent:
The person who is applying for a patent for an
invention should be a true and first inventor who
holds the rightful ownership of the invention.
Any person who is an assignee or legal
representative of the first and true inventor can
also apply for the patent.
In case of the death of the first and true inventor,
the person’s legal heir can apply for patent.

9. WHAT IS NOT PATENTABLE?
The following are not eligible for patenting:
 An invention that is frivolous or that claims
anything contrary to established natural law
 The mere discovery of a scientific principle or
the formulation of an abstract theory
 An invention, the use or commercial
exploitation of which could be against the
public
 The mere discovery of any new property or new
use for known substance or of the mere use of
known process, machine or apparatus unless
such known process produces a new product or
employs a new reactant

10. A substance obtained from mere
admixture resulting into aggregation of
properties
Mere arrangement or rearrangement or
duplication of known devices each
functioning independently
A traditional method of agriculture or
horticulture
Any process for the medicinal, surgical,
curative, prophylactic or other treatment
of human beings or animals

11.  Plants and animals(microorganisms
exempted)in whole or any part thereof
including seeds, varieties and species
 Any biological process for production or
propagation of plants and animals
 A computer program per se other than that of
its technical application to industry or
combination with hardware
 A mathematical method or business method or
algorithm
 A literary, dramatic, musical or artistic work or
any aesthetic creation whatsoever including
cinematographic works and television
production

12. A mere scheme or rule or method of
performing mental act or method of
playing game
A presentation of information
Topography of integrated circuit
An invention which in effect is
traditional knowledge or which is an
aggregation or duplication of known
properties or traditionally known
component or components
Invention relating to atomic energy

13. PATENT CONTINUED..
A patent specification gives details of inventions for
which the patent protection is sought.
The legal rights in a patent are based on the disclosures
made in the specification.
Patent specification are two types: provisional and
complete.
Provisional patent specification makes known incomplete
invention requiring time to develop further, and it is to
claim priority date of an invention.
The complete patent specification is a document that
provides detailed description of the invention

14. The complete patent specification is a document that
provides detailed description of the invention along with
the drawings and claims.
The description regarding prior design is also included in
the complete specification.
Date of priority:
The date on which the patent publication either with the
provisional specification or complete specification is filed
at the patent office is called the date of priority.

15. GRANTING A PATENT
A patent examiner peruses the patent application and
communicates the objections,
The applicant must provide the explanation for the
objections.
If the applicant fails to do so, the application will be
abandoned.
If conditions are compiled with, the application will be
published for public scrutiny and if no objection the
patent is granted.

16. Prior inform consent:
Prior inform consent(PIC) is a consent obtained from an inventor
or innovator or knowledge holder to develop, protect, explore,
and commercialize an invention or innovation.
Invention and innovation:
An invention is a new product or process involving a creative
step and capable of industrial application.
An innovation is a successful exploitation of new ideas and
concepts,not necessarilyone’s own.All inventions are patentable,
while all innovations are not patentable.

17. Patent cooperation treaty
The patent cooperation treaty(PCT)is an
international treaty that facilitates a
patent applicant to file a single patent
application, specifying the countries in
which he/she wants patent for his/her IP.
Thus a single application is filled for the
purpose of an international patentability
search report and claim the priority date
in all the specified countries.

18. Patent cooperation treaty
Following the receipt of the international
examination report,the applicant can
apply to each of the specified countries to
consider his/her patent claim.
This process is called national phase of
the patent application. India is a member
country to PCT.

19. COPYRIGHT
It is an intellectual property protection granted under Indian law
to the creators of original works such as
Literary, Dramatic, Musical, Artistic, Cinematographic films,
Sound recordings, Software programs (could also be patented)
Copy right need not be registered, bit a registration is an
evidence to support a person to claim the ownership.
Duration for the copyright is 60 yrs
A copy right holder can grant license to a third party to use his
work.

20. TRADE MARK
A Trade Mark is a word, name, symbol, logo, slogan or
other distinctive sign or a combination thereof
identifying a product or services to distinguish it from
others.
The abbreviations “TM”,”SM” are used as notations to
inform third parties as trademark and service mark
rights.
The duration of the exclusive right to keep a trademark
is 10 years but the mark can be permanently kept on the
register by renewing it after every 10 years.

21. GEOGRAPHICAL INDICATION
GI is a name or sign used on certain products that
correspond to a specific geographic region or origin.
Popular examples are Kashmir shawls,Kanchipuram silks
and Punjab wheat.
To get GI the product (either agriculture or
manufactured)should have originated in the specific
geographic design.
The validity of a registered GI is for a period of 10 years
which can be extended for another 10 yrs by periodic
renewal of the registration.

22. PROTECTION OF IPR IN INDIA
India has a well established statutory, administrative and
judiciary frame work to protect intellectual property
rights relating to patents, trademarks,copyrights, and
industrial designs.
This framework is strengthened periodically to comply
with obligations to TRIPS(Trade Related Property
Rights)agreement of WTO-World Trade Organizations.