Concept of IPR and patent

A SEMINAR ON
CONCEPT OF IPR AND PATENT

CONTENTS
1) INTRODUCTION
2) MAIN FIELDS OF APPLICATION OF IPR
3) PATENTS
4) CONCLUSION
5) REFERENCES
3Satara College of Pharmacy, Satara

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

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.

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.

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.

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.

Duration of Intellectual Property in nutshell
INTELLECTUAL
PROPERTY
DURATION
COPYRIGHTS 60 YEARS
PATENTS 20 YEARS
REGISTERED
VARIETIES
FOR DIFFERENT
CROPS
18 YEARS
TRADEMARK 10 YEARS
GEOGRAPHICAL
INDICATION (GI)
10 YEARS

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

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
Continued…

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).

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

‘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

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.

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)

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

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.

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

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.

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.

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.

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

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.

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 :

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.
Continued..

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

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.

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.

5. REFERENCES
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.
4) ipindia.nic.in
5) www.patentoffice.nic.in
6) ipr.icegate.gov.in
7) www.ipab.tn.nic.in
8) www.mit.gov.in
9) www.nipo.in
10) www.wto.org
11) www.wipo.int
12) www.dcmsme.gov.in/emerge/website_material_on_IPR.pdf
13) www.ipo.gov.uk/ipindia.pdf
14) www.pfc.org.in/workshop/workshop.pdf
15) www.ipapharma.org/pt/july2012/19-22.pdf
16) www.nls.ac.in/resources/ded/classnotesforyear2010ded/IPR-
NLSUI%20Oct'2010.pdf

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