INTELLECTUAL PROPERTY RIGHTS
Need for IPR
Technological Developments in 20th century have
transferred majority of wealth creating work from
‘Physical based’ to “ knowledge based ”
Earlier Labour and Capital were factors behind
Production but the trend is now shifting to
knowledge and Information based.
To encourage this we have IPR
What is IPR ?
Intellectual Property very broadly, are right
granted to creators and owners of works that are
results of human intellectual creativity.
These works can be in the industrial, scientific,
literary and artistic domains, which can be in the
form of an invention, a manuscript, a suite of
software, or a business name.
Legislations covering IPR
Patents
Design
Trade Mark
Copyright
Layout Design of ICs
Geographical Indication
Plant varieties
What is Patent
A Patent is a exclusive ownership right granted by a
country to the owner of an Invention, provided the
invention satisfies certain condition stipulated in law.
A Letters Patent( a certificate ) is issued by a patent
office to the owner.
A patent is a property so it can be gifted, inherited,
assigned, sold or licenced.
Definition of Invention
Novelty
Inventiveness (Non-obviousness)
Usefulness
Novelty
It is not known to public through publication, or prior use
anywhere in this world. Ex- Ayurveda.
An invention will be considered novel if it does not form a
part of the global state of the art.
Information appearing in magazines, technical journals,
books, newspapers etc. constitute the state of the art.
Oral description of the invention in a seminar/conference
can also spoil novelty.
Novelty is assessed in a global context. An invention will
cease to be novel if it has been disclosed in the public
through any type of publications anywhere in the world
before filing a patent application in respect of the invention.
Prior use of the invention in the country of interest
before the filing date can also destroy the novelty.
Novelty is determined through extensive literature
and patent searches. It should be realized that
patent search is essential and critical for
ascertaining novelty as most of the information
reported in patent documents does not get
published any where else.
Inventiveness
It is the feature of invention that involves technical
advance as compared to existing knowledge or having
economic significance or both and that make invention
not obvious to a person skilled in the art.
The prior art should not point towards the invention
implying that the practitioner of the subject matter could
not have thought about the invention prior to filing of
the patent application.
Inventiveness cannot be decided on the material
contained in unpublished patents.
Ex- gate for a implies b, using aluminium knob for
almirah, etc.
The complexity or the simplicity of an inventive step
does not have any bearing on the grant of a patent.
In other words a very simple invention can qualify
for a patent. If there is an inventive step between
the proposed patent and the prior art at that point
of time, then an invention has taken place.
A mere 'scintilla' of invention is sufficient to found a
valid patent.
Usefulness
An invention must possess utility for the grant of
patent No valid patent can be granted for an
invention devoid of utility.
Ex- say i have an robot which can only climb the
tree and not suitable for any task.
Invention definition in Indian Patent Act
Invention means a new product or process involving
an inventive step and capable of Industrial application.
Inventive step means a feature that makes the invention not
obvious to a person skilled in the art
Capable of Industrial application means that the invention is
capable of being made or used in an industry
However, inventions claiming substance intended for use, or
capable of being used, as food or as medicine or drug or
relating to substances prepared or produced by chemical
processes (including alloys, optical glass, semiconductors and
inter-metallic compounds) are not patentable. Only process
claims are allowed in such cases.
Meaning of chemical process would also include the
biochemical, biotechnological and microbiological process.
Types of inventions which are not
Patentable in India
an invention which is frivolous or which claims anything
obviously contrary to well established natural laws;
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;
the mere discovery of scientific principle or the formulation
of an abstract theory or discovery of any living thing or non-
living substance occurring in nature;
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;
a substance obtained by mere admixture resulting only in the
aggregation of the properties of the components thereof or
a process for producing such substance;
the mere arrangement or re-arrangement or duplication of
known devices each functioning independently of one
another in a known way;
a method of agriculture or horticulture;
any process for 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;
plants and animals in whole or any part thereof other than
microorganisms but including seeds, varieties and species and
essentially biological processes for production or
propagation of plants and animals;
mathematical or business method or a computer program per
se algorithms
a literary, dramatic, musical or artistic work or any other
aesthetic creation whatsoever including cinematographic
works and television productions;
a mere scheme or rule or method of performing mental act or
method of playing game;
a presentation of information
topography of integrated circuits
an invention which, in effect, is traditional knowledge or
which is an aggregation or duplication of known properties
of traditionally known component or components
inventions relating to atomic energy
Can a disclosed or published invention
be Patented?
No, publication of an invention in any form by the
inventor before filing of a patent application would
disqualify the invention to be patentable.
Hence, inventors should not disclose their inventions
before filing the patent application. The invention
should be considered for publication after a patent
application has been filed.
Thus, it can be seen that there is no contradiction
between publishing an inventive work and filing of
patent application in respect of the invention.
Documents Required
Apart from Various Forms, they are two types of
Patent Docs
Provisional Specification
Complete Specification
Provisional Specification
A provisional specification is usually filed to establish
priority of the invention in case the disclosed invention is only
at a conceptual stage and a delay is expected in submitting
full and specific description of the invention.
Although, a patent application accompanied with provisional
specification does not confer any legal patent rights to the
applicants, it is, however, a very important document to
establish the earliest ownership of an invention.
The provisional specification is a permanent and
independent scientific cum legal document and no
amendment is allowed in this.
No patent is granted on the basis of a provisional
specification.
It has to be a followed by a complete specification
for obtaining a patent for the said invention.
Complete specification must be submitted within 12
months of filing the provisional specification. This
period can be extended by 3 months.
It is not necessary to file an application with
provisional specification before the complete
specification. An application with complete
specification can be filed right at the first instance.
Complete Specification
Title of the invention.
Field to which the invention belongs .
Background of the invention including prior art giving
drawbacks of the known inventions & practices.
Complete description of the invention along with
experimental results.
Drawings etc. essential for understanding the invention.
Claims, which are statements, related to the invention on
which legal proprietorship is being sought. Therefore
the claims have to be drafted very carefully.
Advantages of Provisional
In case you are thinking for attorney.
The documentation which requires time.
You can disclose your invention to anyone, without
having fear that he may steal your idea/invention.
The above thing will enable you to discuss with
others and try to correct flaws if present in your
invention.
Publication
All patent applications are published in the Official
journal of Patent Office on expiry of 18 month from
the Date of filling.
There is a option of early publication if you pay an
amount of 2500/-
Once published the Inventor gets partial rights over
invention.
The period between the publication and grant of
patent can be utilized to find suitable market for
the invention.
Examination
Fee of 2500/- needed for request of examination.
Normally a examination takes 6 month, it depends
on your serial number.
Examination can be done only after your
application is published.
The First Examination Report (FER) is send to
applicant address.
Any objection or amendment is to be done before
12 months of FER.
Grant of Patent
Patent is granted after 6 months of FER provided
there is no objection or suggestions.
Once Patent is granted, any person can access it
and can file objections within 12 months.
Forms
Form 1 for application. Cost 1000/-
Form 2 for Specification.
Form 5 for undertaking.
Form 9 for Early Publication. Cost 2500/-
Form 18 for Examination. Cost 2500/-
Thus total of 6000/-
Design
"Design" means only the features of shape, configuration,
pattern, ornament or composition of lines or colours applied
to any article whether in two dimensional or three
dimensional or in both forms, by any industrial process or
means, whether manual, mechanical or chemical, separate or
combined, which in the finished article appeal to and are
judged solely by the eye
But does not include any mode or principle of construction
or anything which is in substance a mere mechanical device.
Stamps, labels, tokens, cards, be considered an article for
the purpose of registration of design
Need for IPR
Technological Developments in 20th century have
transferred majority of wealth creating work from
‘Physical based’ to “ knowledge based ”
Earlier Labour and Capital were factors behind
Production but the trend is now shifting to
knowledge and Information based.
To encourage this we have IPR
What is IPR ?
Intellectual Property very broadly, are right
granted to creators and owners of works that are
results of human intellectual creativity.
These works can be in the industrial, scientific,
literary and artistic domains, which can be in the
form of an invention, a manuscript, a suite of
software, or a business name.
Legislations covering IPR
Patents
Design
Trade Mark
Copyright
Layout Design of ICs
Geographical Indication
Plant varieties
What is Patent
A Patent is a exclusive ownership right granted by a
country to the owner of an Invention, provided the
invention satisfies certain condition stipulated in law.
A Letters Patent( a certificate ) is issued by a patent
office to the owner.
A patent is a property so it can be gifted, inherited,
assigned, sold or licenced.
Definition of Invention
Novelty
Inventiveness (Non-obviousness)
Usefulness
Novelty
It is not known to public through publication, or prior use
anywhere in this world. Ex- Ayurveda.
An invention will be considered novel if it does not form a
part of the global state of the art.
Information appearing in magazines, technical journals,
books, newspapers etc. constitute the state of the art.
Oral description of the invention in a seminar/conference
can also spoil novelty.
Novelty is assessed in a global context. An invention will
cease to be novel if it has been disclosed in the public
through any type of publications anywhere in the world
before filing a patent application in respect of the invention.
Prior use of the invention in the country of interest
before the filing date can also destroy the novelty.
Novelty is determined through extensive literature
and patent searches. It should be realized that
patent search is essential and critical for
ascertaining novelty as most of the information
reported in patent documents does not get
published any where else.
Inventiveness
It is the feature of invention that involves technical
advance as compared to existing knowledge or having
economic significance or both and that make invention
not obvious to a person skilled in the art.
The prior art should not point towards the invention
implying that the practitioner of the subject matter could
not have thought about the invention prior to filing of
the patent application.
Inventiveness cannot be decided on the material
contained in unpublished patents.
Ex- gate for a implies b, using aluminium knob for
almirah, etc.
The complexity or the simplicity of an inventive step
does not have any bearing on the grant of a patent.
In other words a very simple invention can qualify
for a patent. If there is an inventive step between
the proposed patent and the prior art at that point
of time, then an invention has taken place.
A mere 'scintilla' of invention is sufficient to found a
valid patent.
Usefulness
An invention must possess utility for the grant of
patent No valid patent can be granted for an
invention devoid of utility.
Ex- say i have an robot which can only climb the
tree and not suitable for any task.
Invention definition in Indian Patent Act
Invention means a new product or process involving
an inventive step and capable of Industrial application.
Inventive step means a feature that makes the invention not
obvious to a person skilled in the art
Capable of Industrial application means that the invention is
capable of being made or used in an industry
However, inventions claiming substance intended for use, or
capable of being used, as food or as medicine or drug or
relating to substances prepared or produced by chemical
processes (including alloys, optical glass, semiconductors and
inter-metallic compounds) are not patentable. Only process
claims are allowed in such cases.
Meaning of chemical process would also include the
biochemical, biotechnological and microbiological process.
Types of inventions which are not
Patentable in India
an invention which is frivolous or which claims anything
obviously contrary to well established natural laws;
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;
the mere discovery of scientific principle or the formulation
of an abstract theory or discovery of any living thing or non-
living substance occurring in nature;
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;
a substance obtained by mere admixture resulting only in the
aggregation of the properties of the components thereof or
a process for producing such substance;
the mere arrangement or re-arrangement or duplication of
known devices each functioning independently of one
another in a known way;
a method of agriculture or horticulture;
any process for 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;
plants and animals in whole or any part thereof other than
microorganisms but including seeds, varieties and species and
essentially biological processes for production or
propagation of plants and animals;
mathematical or business method or a computer program per
se algorithms
a literary, dramatic, musical or artistic work or any other
aesthetic creation whatsoever including cinematographic
works and television productions;
a mere scheme or rule or method of performing mental act or
method of playing game;
a presentation of information
topography of integrated circuits
an invention which, in effect, is traditional knowledge or
which is an aggregation or duplication of known properties
of traditionally known component or components
inventions relating to atomic energy
Can a disclosed or published invention
be Patented?
No, publication of an invention in any form by the
inventor before filing of a patent application would
disqualify the invention to be patentable.
Hence, inventors should not disclose their inventions
before filing the patent application. The invention
should be considered for publication after a patent
application has been filed.
Thus, it can be seen that there is no contradiction
between publishing an inventive work and filing of
patent application in respect of the invention.
Documents Required
Apart from Various Forms, they are two types of
Patent Docs
Provisional Specification
Complete Specification
Provisional Specification
A provisional specification is usually filed to establish
priority of the invention in case the disclosed invention is only
at a conceptual stage and a delay is expected in submitting
full and specific description of the invention.
Although, a patent application accompanied with provisional
specification does not confer any legal patent rights to the
applicants, it is, however, a very important document to
establish the earliest ownership of an invention.
The provisional specification is a permanent and
independent scientific cum legal document and no
amendment is allowed in this.
No patent is granted on the basis of a provisional
specification.
It has to be a followed by a complete specification
for obtaining a patent for the said invention.
Complete specification must be submitted within 12
months of filing the provisional specification. This
period can be extended by 3 months.
It is not necessary to file an application with
provisional specification before the complete
specification. An application with complete
specification can be filed right at the first instance.
Complete Specification
Title of the invention.
Field to which the invention belongs .
Background of the invention including prior art giving
drawbacks of the known inventions & practices.
Complete description of the invention along with
experimental results.
Drawings etc. essential for understanding the invention.
Claims, which are statements, related to the invention on
which legal proprietorship is being sought. Therefore
the claims have to be drafted very carefully.
Advantages of Provisional
In case you are thinking for attorney.
The documentation which requires time.
You can disclose your invention to anyone, without
having fear that he may steal your idea/invention.
The above thing will enable you to discuss with
others and try to correct flaws if present in your
invention.
Publication
All patent applications are published in the Official
journal of Patent Office on expiry of 18 month from
the Date of filling.
There is a option of early publication if you pay an
amount of 2500/-
Once published the Inventor gets partial rights over
invention.
The period between the publication and grant of
patent can be utilized to find suitable market for
the invention.
Examination
Fee of 2500/- needed for request of examination.
Normally a examination takes 6 month, it depends
on your serial number.
Examination can be done only after your
application is published.
The First Examination Report (FER) is send to
applicant address.
Any objection or amendment is to be done before
12 months of FER.
Grant of Patent
Patent is granted after 6 months of FER provided
there is no objection or suggestions.
Once Patent is granted, any person can access it
and can file objections within 12 months.
Forms
Form 1 for application. Cost 1000/-
Form 2 for Specification.
Form 5 for undertaking.
Form 9 for Early Publication. Cost 2500/-
Form 18 for Examination. Cost 2500/-
Thus total of 6000/-
Design
"Design" means only the features of shape, configuration,
pattern, ornament or composition of lines or colours applied
to any article whether in two dimensional or three
dimensional or in both forms, by any industrial process or
means, whether manual, mechanical or chemical, separate or
combined, which in the finished article appeal to and are
judged solely by the eye
But does not include any mode or principle of construction
or anything which is in substance a mere mechanical device.
Stamps, labels, tokens, cards, be considered an article for
the purpose of registration of design
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