CONCEPT OF INTELLECTUAL PROPERTY

information.

CONCEPT OF INTELLECTUAL PROPERTY
information.

CONCEPT OF INTELLECTUAL
PROPERTY
Creation of Mind
Work of Human Intellect to
which legal system attributes
incidents of property such as
ownership and enjoyment,
transferability and
transmissibility.
Intangible but real.
Intellectual property includes
patent, trade mark, copyright,
industrial design, protection of
integrated circuit layout design,
geographical indication of
goods, biological diversity, plant
varieties and farmers rights as
well as undisclosed information
or protection of confidential
information.

PATENT: ORIGIN
The term patent is derived
from the term Letters Patent.
Letters Patent were rights and
privileges conferred by the
crown under the great seal to
one or more persons to
prevent all other persons
other than himself and those
whom the King authorizes
from making, using exercising
or vending that which is the
subject matter of the letters
patent.

PATENT
EXPLAINED
Patent is an official document that
confers ownership of the invention
(or an improvement of an existing
article or a new process of making
an article) on the patentee by the
Government.
For an invention to be patentable,
following conditions must be
satisfied:
It should be novel
The invention should not be
obvious to a person skilled in
that area.
The invention should have
industrial applicability or should
be capable of commercial
exploitation.
GENERAL PRINCIPLES
APPLICABLE TO WORKING
OF PATENTED INVENTIONS
Patents are granted to encourage
inventions;
To secure that inventions are worked
in India on a commercial scale & to the
fullest extent that is reasonably
practicable without delay;
That they are not granted merely to
enable patentees to enjoy a monopoly
for the importation of the patented
article.
That the protection and enforcement
of patent rights contribute to the
promotion of technological innovation,
transfer & dissemination of
technology, to the mutual advantage
of producers and users of
technological knowledge in a manner
conducive to social & economic
welfare and to balance rights &
obligations;
GENERAL PRINCIPLES
APPLICABLE TO WORKING
OF PATENTED INVENTIONS
(cont)
That patents granted do not
impede protection of public
health and nutrition and
should act as instrument to
promote public interest
specially in sectors of vital
importance for socio-
economic and technological
development of India;
That patents granted do not
in any way prohibit Central
Government in taking
measures to protect public
health;
GENERAL PRINCIPLES
APPLICABLE TO WORKING
OF PATENTED INVENTIONS
(cont)
That the patent right is not
abused by the patentee or by
any person deriving title or
interest on patent from the
patentee, to prevent the
patentee from resorting to
practices which unreasonably
restrain trade or adversely
affect the international
transfer of technology; and
That patents are granted to
make the benefits of patented
invention available at
reasonably affordable prices
to the parties.
CONDITIONS FOR
GRANT OF PATENT
(SEC. 47)
Any machine, apparatus or other article, or
any article made by using a process, in respect
of which the patent is granted, may be
imported or made by or on behalf of the
Government for its own use;
Any process in respect of which the patent is
granted may be used by the Government for
its own use;
Any machine, apparatus or other article, or
any article made by the use of the process &
any process in respect of which the patent is
granted, may be made or used, by any person,
for any experiment or research including the
imparting of instructions to pupils and
In the case of a patent in respect of any
medicine or drug may be imported by the
Govt. for its own use or for distribution in any
dispensary, hospital or medical institution
maintained by the Central Govt. or any other
health care institution which the Central Govt.
may specify by notification
WHO CAN APPLY FOR A
PATENT
Any person claiming to be the true & first
inventor of the invention can apply for a
patent. (Note: True & first inventor does
not include either the first importer of an
invention in India or a person by whom
an invention is first communicated from
India.)
Any person being an assignee of the
person claiming to be the true & first
inventor;
The legal representative of any deceased
person who immediately before his death
was entitled to make such an application.
Application should be filed at appropriate
office of the Patent Office.(Head Office of
the Patent Office or a branch office,
within whose territorial limits, the
applicant resides or has his principal
place of business or domicile, or the place
where the invention actually originated.


WHO CANNOT APPLY
FOR A PATENT
Where any country does not accord
to citizens of India the same rights
in respect of the grant of patents
and the protection of patent rights
as it accords to its own nationals,
no national of such country shall be
entitled, either solely or jointly with
any other person;
To apply for the grant of patent
or to be registered as the
proprietor of a patent;
To be registered as an assignee of
the proprietor of a patent;
To apply for a licence or hold any
licence under a patent granted
under the Act.
TYPES OF PATENT
APPLICATIONS
Ordinary Application for
patent including application
accompanied provisional
and complete specification;
Application for Patent of
Addition;
Amendment of Application
& Specification;
Convention Application
International Application.

PATENT OF ADDITION
A patent of addition is a patent for
the improvement in or modification
of the main invention described or
disclosed in the complete
specification.
A patent of addition can be only in
relation to a main invention.
Where an applicant makes an
application for a patent in respect of
any improvement or modification of
the main invention, the Controller
may grant the patent for the
improvement or modification of the
main invention as a patent of
addition. Improvement in order to be
patentable must independently
satisfy the test of invention. Where
the improvement relates to a
subsisting patent it can be patented
as patent of addition.

SPECIFICATIONS IN PATENT
APPLICATION
Specification describes the
invention. Two types of
specifications.
Provisional Specification
Application for Patent may be
accompanied with provisional
specification which should
contain;
Description of the general
nature of invention
Its field of application
The anticipated result
SPECIFICATIONS IN PATENT
APPLICATION (cont)
Complete Specification
Complete specification should be
filed within 12 months from the
date of filing the application.
It shall fully & particularly describe
the invention, its operation or use
and the method by which it is to be
performed.
It should disclose the best method
of performing the invention which
is known to the applicant & for
which he is entitled to claim
protection;
It should end with a claim or claims
defining the scope of invention for
which the protection is claimed.
It should be accompanied with an
abstract to provide technical
information on the invention.

WHAT IS
PATENTABLE
Process, method or manner of
manufacture;
Machines, apparatus or a
product;
Substances produced including
substances which have
undergone improvements
although patented.
Inventions claiming substances
intended for use or capable of
being used as food or a
medicine or drug relating to
substances prepared or
produced by chemical processes
(including alloys, optical glass,
semi conductors) are patentable
after 2005.
WHAT CANNOT
BE PATENTABLE
Frivolous inventions or claims
obviously contrary to well
established natural laws
Inventions whose primary or
intended use or commercial
exploitation could be contrary
to public order or morality or
which causes serious prejudice
to human, animal or plant life.
Mere discovery of a scientific
principle or the formulation of
an abstract theory or discovery
of any living thing or non-living
substance occurring in nature.
WHAT CANNOT BE
PATENTABLE (cont..)
Mere discovery of a new form of a
known substance which does not
result in the enhancement of the
known efficacy of that substance
or the mere discovery of any new
property or new use for a known
substance or 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;
WHAT CANNOT BE
PATENTABLE (cont..)
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 the 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 the
product, etc.
Inventions related to atomic energy


EXPIRY OF PATENT
A patent is granted for a period of
20 years (on a territorial basis) by
appropriate office of the Patent.
However patent expires under the
following circumstances;
On the expiry of the term.
Patentee failing to pay the
annual renewal fee.
Patent is revoked.
Patent is a legal monopoly and
hence it is transferable and
inheritable. Government may, if
required impose restrictions.