Social & Legal Issues

Intellectual Property Rights

Social & Legal Issues

IPR
• • • • Property works on the principle of exclusion. Movable Property Immovable Property Intellectual Property

Protection of Intellectual Property

Social & Legal Issues

"Understanding and nurturing creative thinking is one of the most important steps we can take to improve ourselves and our world." -- Marsh Fisher

It is the medium for technology transfer and the means for economic development” .Social & Legal Issues IPR • In fact IPR has a different meaning from what we believe it has • “It is not a field of law. IPR is now the vehicle for industrialisation and global trade.

Social & Legal Issues IPR • An intellectual property is any product of the human intellect that is unique. and unobvious (and has some value in the marketplace). • an idea • invention • expression or literary creation • unique name • business method • industrial process • chemical formula • computer program process • presentation . novel.

Social & Legal Issues Trade Related Intellectual Property Rights The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an International Agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of Intellectual Property (IP) regulation. .

. including appellations of origin.Social & Legal Issues Different Laws on Intellectual Property • • • • • Patents Act Copyright Act Design Act Trade Mark Act Geographical indications. • Industrial designs. • Integrated circuit lay out designs. • Undisclosed or confidential Information.

Social & Legal Issues INTELLECTUAL PROPERTY LAW PATENTS .

property or authority. Patent: monopoly right conferred by the state to an inventor to industrially and commercially exploit his invention at the cost of disclosing his invention. Who can get a Patent? Patent can be granted to any individual.Social & Legal Issues PATENTS What is a Patent? It is an instrument which grants a privilege. person/entity .

Patent provides to its owner. exercise and vend. Gain monetary benefit . Control the use. use himself/give privilege to another 2.e. i.Social & Legal Issues PATENTS Patents Act 1970 – Patent is a grant for limited time period by the govt. for exclusive rights to use. Substantive and Economic Rights 1.

. and it gives the patentee the right to use the patent as any other form of property.Social & Legal Issues PATENTS What is granted Patent protection? Inventions The owner of the Patent is called the Patentee.

Social & Legal Issues PATENTS Why is Patent protection provided? Incentive for creation Fruits of labour “patent law is to encourage scientific research. Grant of exclusive privilege…… stimulates new inventions of commercial utility” . new technology and industrial progress.

the Patentee must disclose the invention to the Patent Office Patent gives the strongest form of protection/grant of rights. the duration of protection is the shortest/limited. . Similar to a monopoly Therefore.Social & Legal Issues PATENTS Caveat of Patent grant In order to secure a Patent right.

Social & Legal Issues PATENTS Requirements of a Patent 1. Non-obvious Different from Subject Matter of Patents . New – Novelty requirement 2. Useful – Utility requirement 3.

New – Novelty requirement 2. Useful – Utility requirement 3.Social & Legal Issues PATENTS Requirements of a Patent 1. Non-obvious Different from Subject Matter of Patents .

Social & Legal Issues PATENTS Subject Matter of Patents Section 2 (1)(j) of the Patents act of 1970. method or manner of manufacture. states that “invention means any new and useful – (a) art.(c) substance produced by manufacturer” . process. (b) machine apparatus or other article.

Social & Legal Issues PATENTS Need for Novelty . Prior art implies existing knowledge/technology in that field.Newness How to establish Novelty? We review ‘Prior Art’. If there is prior mention in the form of use/publication. then there is no novelty Example – The contention over the patent registration on Haldi (turmeric) Fomento Vs Mentomore .

Social & Legal Issues PATENTS Utility – usefulness requirement The patent is only granted to those Inventions that can be put to beneficial use i. This is unique to India specially. . are impossible to be brought under beneficial use. we do not grant Utility Patents in our country unlike the US.e.e have practical applicability. A Utility patent is a grant which protects inventions which may not have immediate/any practical utility i.

.Social & Legal Issues PATENTS Non. should not be something known/obvious to a person skilled in the art to which the invention is related to.Obvious This implies that the invention for which Patent is being claimed. which can unhook bolts of every size. the invention will be patented when the invention is dealing with something which is not obvious to a skilled mechanic. Example – if a person comes up with a new tool.

10 An invention relating to atomic energy.Social & Legal Issues Patents Act 1970 The following inventions are not patentable under the act: 1 Frivolous inventions or which claim anything obvious or contrary to well established natural laws. . 4 Mere use of a known process. 9 An invention which in effect is traditional knowledge. 7 A presentation of information. 5 A method of agriculture or horticulture 6 A mathematical or business method or a computer programme or algorithm. machine or apparatus unless such known process results in a new product or employs at least one new reactant. 2 Inventions which are contrary to public order or morality. 3 Mere discovery of a new form of a known substance. 8 Topography of Integrated circuits.

obvious. method of agriculture/horticulture. discoveries of scientific principle. substance obtained by mere mixture. process of medicine. invention related to Atomic energy. discovery of a new substance. re-arrangement. against public morality. method or process of testing. .Social & Legal Issues PATENTS Non-Patentable Inventions Section 3 of the Patents Act of 1970 expressly excludes – Inventions which are frivolous.

Social & Legal Issues PATENTS Improvements of existing Subject Matter Any improvement of existing Subject Matter can be patented if (1) Improvement leads to another product/process (2) More useful product or process (3) More economical product process .

Creates new result or makes the same old result but in a more economical way.Social & Legal Issues PATENTS Combination of Existing Subject Matter Can be patented if. expeditious way or with better results Concept of Inventive Step .

Social & Legal Issues PATENTS Inventive Step A mere simple combination of 2 or more elements or any mixing of the nature of experimentation with out any inventive faculty would not be patentable .

Product Patent – granted on the final product 2. granted only to non-useful.Social & Legal Issues PATENTS Kinds of Patents 1. not the final product 3. Utility Patent – Not applicable in India. but novel inventions . Process Patent – granted on the process of manufacture.

Drugs.t. International Norms The Patent Act used to only grant of Process Patent in case to inventions related in the field of Food. semi-conductors and inter-metallic compounds before 2005 WTO Requirements India must comply to the norm of granting product patents in food and drug industry. Medine. optical glass. . Chemical processes used for making alloys.r.Social & Legal Issues PATENTS Indian Scenario w.

Social & Legal Issues PATENTS Remedies under Patents Civil remedy provided Principle of remedy – “Remedy placed where the wrong is committed” Forms of Remedy Injunction Damages Account of Profits .

Opposition to grant of Patent to the applicant 5.Social & Legal Issues PATENTS Registration of Patents 1. Submission of Application 2. Examination of Application 3. Grant and Sealing of patent . Hearing of the parties 6. Advertisement of acceptance of complete Specification 4.

Social & Legal Issues PATENTS Norms of the Patent System First to Apply norm applies in India True and First Inventor “a person who is the first to convert the ideas and scientific principles into a working invention. is the first and true inventor” .

or legal representative “Works under course of employment” Patent granted to employee unless special provision for the same . Assignee.Social & Legal Issues PATENTS Patent Filing Procedure Section 6 – Who May apply? Inventor.

relating to the single invention and ready for the process of examination .Social & Legal Issues PATENTS Procedure of Filing Filing of the prescribed form Submission of application fee Provisional/complete specification Description of best method Scope of protection claimed Application must be clear.

.Social & Legal Issues Provisions for secrecy of Patents When in respect of an application for a patent it appears to the controller that the invention is one of the category notified to him by the central government as relevant for defense purposes then he may give directions for prohibiting or restricting the publication of information with respect to the invention or the communication of such information. Such directions shall be periodically reviewed at intervals of six months or on a request made by the applicant.

Date of Patent : Every patent shall be dated as of the date on which the application for patent was filed. his agent or licensees to make. Rights of Patentee: The grant of patent confers that the patentee has the exclusive right by himself. • • • .The date of the grant of patent is entered in the register when the patent is granted . exercise. specification and other documents related to the patent shall be open for public inspection. use. A patentee has the rights to assign or license his rights completely or partially.the application. sell or distribute the invention in India. The exclusive rights of the patentee last only during the term of the patent. Term Of Patent :The term of every patent shall be 20 years from the date of filing of the application for the patent. Once the term of the patent expires the patentee can no longer claim exclusive rights.Social & Legal Issues Grant Of Patents and Rights Conferred • Grant Of Patents: When the application for the patent is accepted then the controller shall grant the patent .

.If such application is made after the grant of the patent then the nature of the proposed amendment shall be published.Social & Legal Issues Amendment of Applications The controller is empowered to allow the application for the patent or the complete specification or any document relating thereto to be amended Every such application shall state the reasons and nature of the proposed amendment.

Social & Legal Issues Compulsory Licenses The Indian Patent Law has provided for adequate powers to the Controller of Patents to issue compulsory licenses to deal with the following extreme and/or urgent situations: • To prevent the abuse of patent as a monopoly and to make way for commercial exploitation of invention by an interested person. (Section 92 A) .(Section 84) • Circumstances of national emergency or extreme urgency. (Sections 92 (1) and 92 (3)) • For exports of pharmaceutical products to foreign countries with public health problems.

from the date of grant of that patent. (b) The patented invention is not available to the public at a reasonably affordable price. Under this section. (c) The patented invention is not worked in the territory of India.) Section 84 The law provides for compulsory license under section 84 of the Indian Patent Act. to prevent the abuse of patent as a monopoly and to make way for commercial exploitation of invention by an interested person. on any of the following grounds: (a) The reasonable requirements of the public with respect to the patented invention have not been satisfied.Social & Legal Issues Compulsory Licenses (cont. • • • . any person can make an application for grant of compulsory license for a patent after three years.

he may accept the offer and. and also notify every person other than the patentee whose name appears in the register as having an interest in the patent. by order. (3) Any person interested may. at any time by giving notice in the prescribed manner to the Controller. and where any such notice is given the Controller shall notify the patentee. if desirous of being heard. that the patent may properly be surrendered. the Controller shall advertise the offer in the prescribed manner. revoke the patent. (2) Where such an offer is made.Social & Legal Issues Surrender Of Patents (1) A patentee may. (4) If the Controller is satisfied after hearing the patentee and any opponent. . give notice to the Controller of opposition to the surrender. offer to surrender his patent. within the prescribed period after such advertisement.

Social & Legal Issues Revocation of Patents • Subject to the provisions contained in this act a patent. The act also provides revocation of patent by the central government in public interest. be revoked by the High Court. may. on the petition of any person interested or of the Central Government or on a counter-claim in a suit for infringement of the patent. whether granted before or after the commencement of this Act. • .

Social & Legal Issues Register Of Patents • • • • • A register of patents shall be kept at the patent office. license shall be entered in the register. The Appellate Board may on the application of any aggrieved person make such order for the making variation or deletion of any entry therein as it may think fit. . This register shall be open to inspection by the public. assignment. patentee. transfer. Any person can take extracts of the register on payment of prescribed fee. The particulars regarding the patent.

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