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Intellectual Property

Technology Management

Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty

Patent Industrial Design Trademark Copyright Geographical Indication Layout design of industrial circuits

Technology Management

FOR MOST PRODUCTS EVERY FORM OF

INTELLECTUAL PROPERTY
CAN BE OBTAINED

RIGHTS

CAMERA PATENT DESIGN


TRADE MARK

For every individual improved mechanism For outer shape & Contour / Configuration For Instruction / manual booklet denoted as
Brand name or Logo for goods denoted as

Copy right

Industrial Designs
Technology Management

Electrical JUG

The protection you receive is only for the appearance of the article and not how it works. Design registration is intended to protect designs which have an industrial or commercial use. Duration of protection is initially for 10 years and extendable for another term of 5 years.
Designs of stamps, labels, tokens, cards, cartoons, or parts of an article not sold separately, cannot be registered.

Technology Management

TRADEMARKS A trade mark is any sign which can distinguish the goods of one trader from those of another.
Sign includes, words, logos, pictures, or a combination of these.

A trade mark is used as a marketing tool so that customers can recognize the product of a particular trader. To register a trade mark , the mark must be:distinctive, and, not deceptive, or contrary to law or morality, and, not identical or similar to any earlier marks for the same or similar goods.

Technology Management

TRADEMARKS

How to select a Trade Mark ? 1. A word, letter or any combination thereof and simple in design. 2. If it is a word it should be easy to speak, spell and remember. 3. The ideal word for a trade mark is an invented or coined word 4. Words which are laudatory or which directly describes the character or quality of the goods should not be adopted. 5. Geographical names connected with the reputation or quality of the goods for which registration is sought should not be adopted. Are all Trade Marks registrable ? Not possible to register a mark which is confusing with a trade mark of another trader or a trade mark which describes the character or quality of the goods. The mark should not conflict with a trade mark already registered or pending registration in respect of similar goods.

What is GIR
Technology Management

An indication used to identify agricultural, natural or manufactured goods originating from a definite territory in India. It should have a special quality or characteristics or reputation based upon the climatic or production characteristics unique to the geographical location. Examples of Geographical Indications in India Darjeeling Tea, Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, etc. Any association of persons, producers, organization established by or under the law can apply representing & protecting the interests of the producers. The registration of a Geographical Indication is for a period of ten years. Renewal is possible for further periods of 10 years each. A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a Geographical Indication is used to identify goods having special characteristics originating from a definite geographical territory.

Protection Part
Technology Management

Criteria for Patentability


New & useful Non-obvious Capable of Industrial Applications

Patents Act specifies


What are not inventions? What are not patentable inventions?

How to get that monopoly right?

Patent
Technology Management

Set of exclusive rights


Given to the inventor By the state For a fixed period of time

In exchange of Public disclosure of certain details of the invention that is


Novel Has an inventive step Capable of industrial application

Including the right


To prevent others from making/using/selling the invention

Invention
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Invention means any


new product or process, involving an inventive step and capable of industrial application

Novelty
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The invention should not have been published in India or elsewhere. The invention should not have been in prior public knowledge or public use in India.

Novelty
Technology Management

Inventive step means


a feature of an invention that involves technical advancement as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. The question, is there any inventive step? arises only if there is novelty.

Capable of industrial application,


in relation to an invention means that the invention is capable of being made or used in an industry.

Technology Management

What Does Patent System Do ?

It encourages RESEARCH. Induces an inventor to disclose his inventions instead of keeping them as secret. Provides inducement for capital investment encouraging technological development. It encourages establishment of new industries.

Advantages Of A Patent To The Public


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KNOWLEDGE OF INVENTION ADDS TO SCIENTIFIC BACKGROUND FORMING BASE FOR FURTHER RESEACH REASONABLE ASSURANCE FOR COMMERCIALIZATION PATENT- OPEN TO PUBLIC FOR USE
AFTER ITS TERM EXPIRES

OR
WHEN IT CEASES TO BE IN FORCE

Different Ways Of Dealing With An Invention


Technology Management

Make it public for free use by public(like publishing in journal) Or Work the invention in SECRECY without PATENTING it (like coco-cola composition) Or

the

Work the invention OPENLY without PATENTING it (directly put it in the market) Or EXPLOIT the invention on the basis of a PATENT

Technology Management

Protection Of Intellectual Property In India


(Patents, Designs, Trade Marks & Copyrights)

MINISTRY OF COMMERCE AND INDUSTRY DEPT. OF INDUSTRIAL POLICY & PROMOTION


CONTROLLER GENERAL OF PATENTS, DESIGNS & TRADE MARKS

MINISTRY OF HUMAN RESOURSE DEVELOPMENT DEPT. OF EDUCATION

COPYRIGHT OFFICE

PATENT OFFICE GIR Sr.JOINT CONTROLLER OF PATENTS AND DESIGNS

TRADE MARKS REGISTRY


JOINT REGISTAR OF TRADEMARKS

REGISTAR OF COPYRIGHT

CGPDTM (Controller General of Patent, Design and Trademark),(Bombay)


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PATENT OFFICE HEADOFFICE CALCUTTA

PIS (NAGPUR)

GIR
PATENT OFFICE (MUMBAI) PATENT OFFICE (CHENNAI ) PATENT OFFICE (NEW DELHI ) TMR (BOMBAY)

JURISDICTION WEST ZONE

JURISDICTION NORTH ZONE TMR TMR AHMEDABAD TMR TMR CALCUTTA CHENNAI DELHI

JURISDICTION SOUTH ZONE

Technology Management

Office of the Patent Information System , Nagpur Objectives: Government of India, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion established Patent Information System (PIS), in the year 1980 with the following objectives. To obtain and maintain a comprehensive collection of patent specification and patent related literature on a world wide basis to meet the needs for technological information, of various users in R&D establishments, Government Organizations, Industries, Business, Inventors and other users. b. To provide technological information contained in patents through, search services and patent copy supply service; Functions: The PIS caters to user needs on the basis of patent documentation and computerized system for retrieval and dissemination of patent information a.

Technology Management

Patent Grant Procedure (In Brief)


Filing of PATENT APPLICATION EXAMINATION & NOVELTY SEARCH ACCEPTANCE OR REFUSAL

NOTIFICATION OF ACCEPTANCE IN THE GAZETTE OF INDIA (part III section 2) OPPOSITION (if any)

GRANT OF A PATENT

Technology Management

Patent Grant Procedure


Filing of patent application

Early Publication

Publication after 18 months


Pre Grant Opposition / Representation by any person.

Request for examination Examination: Grant or Refusal Publication of Grant of patent Post Grant Opposition to grant of patent (Constitution of Opposition Board) Decision By Controller

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Stages from filing to grant of a patent

Obtaining a patent
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File an application for patent


With one of the patent offices based on territorial jurisdiction of the place of office or residence of the applicant /agent Pay the required fee

Information concerning application form and details of fee available at www.ipindia.nic.in Guidelines for applicants also available on this website

Formality Check
Technology Management

An Examiner checks the formal requirements before accepting the application and the fee this is done immediately Issue of application number and the cash receipt this is done the same day In case of receipt of application by post, cash receipt, application number is sent by post within 2-3 days

Publication
Technology Management

Application is kept secret for a period of 18 months from the date of filing In 19th month, the application is published in the official journal this journal is made available on the website weekly Applicant has an option to get his application published before 18 months also In that case, application is published within one month of the request

Request for Examination


Technology Management

Application is examined on request Request for examination can be made either by the applicant or by a third party A period of 48 months, from the date of filing, is available for making request for examination

Examination
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Application is sent to an Examiner within 1 month from the date of request for examination

Examiner undertakes examination w.r.t.


whether the claimed invention is not prohibited for grant of patent whether the invention meets the criteria of patentability

Issue of FER
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A period of 1 to 3 months is available to Examiner to submit the report to the Controller 1 months time available to Controller to vet the Examiners report First Examination Report (FER) containing gist of the objections is issued within 6 months from the date of filing of request

Response from the Applicant


Technology Management

12 months time, from the date of issue of FER, is available to the applicant to meet the objections

If objections are met, grant of patent is approved by the Controller within a period of 1 month

Pre-grant Opposition
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After publication, an opposition can be filed within a period of 6 months

Opportunity of hearing the opponent is also available

Examination of Pre-grant Opposition


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Opposition (documents) is sent to the applicant

A period of 3 months is allowed for receipt of response

Consideration of Pre-grant Opposition


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After examining the opposition and the submissions made during the hearing, Controller may
Either reject the opposition and grant the patent Or accept the opposition and modify/reject the patent application

This is to be done within a period of 1 month from the date of completion of opposition proceedings

Grant of a Patent
Technology Management

A certificate of patent is issued within 7 days

Grant of patent is published in the official journal

Legislative Measures
Technology Management

The Patents Act, 1970


Product Patent Patent Term of 20 years Public Health Safeguards

The Trade Marks Act, 1999


Service Marks and Collective Marks Term increased from 7 years to 10 years

Technology Management

Who can apply for a patent?

Any person who is true and first inventor or his assignee or legal representative of the deceased inventor can make an application either alone or jointly with any other person.

Where to file?
Technology Management

For applicants resident in India, appropriate office is determined according to any of the following: place of residence/business/origin of invention For applicants not resident in India or with no place of business in India,appropriate office would be according to the address for service given in the application form.

TERM OF PATENT
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20 years from the Date of filing the Patent Application.

GROUNDS OF OPPOSITION
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1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11)

Wrongfully obtained Prior publication Prior claiming Prior public use Obviousness Not an invention Insufficiency of description Failure to disclose about foreign applications Convention application not filed within 12 months C.S does not disclose or wrongly mentions the source or geog.origin of biological material Anticipated by oral knowledge, or otherwise, available within any community in India or elsewhere

Patent Opposition
Technology Management

Pre-grant Opposition
Patent applications are published Non-compliance Non/wrong-disclosure

Post-grant Opposition
Within 12 months of grant of a patent Misconduct, public display, non-patentable

Not Patentable
Technology Management

Atomic energy Traditional knowledge Scientific principle Abstract theory Discovery of natural substances New form of a known substance Mixture of known compounds Methods of agriculture