Intellectual Property Rights

• Patents
• Trademark
• Copyright
• Trade Secret
• Plant Varieties
• Geographical Indication
• Industrial Designs etc.

Monday, November 11, 2019 © UCOST 2015

 PATENT : Definition
• Dictionary meaning:
Right to exclude others from exploiting or using the
particular invention for a limited duration.

• General meaning
 a grant of a limited time monopoly
 by the State/Govt to an inventor to use, sell, distribute,
license his invention
 in return of it’s full disclosure which can be used by the
public after the expiry of its term.
 PATENT : Rights

• Exclusive right the patented invention.

• Exclusive right and to
prevent others from using it without his consent
• Right to
without the consent of the
patentee.
• Right the patented invention and he can prevent
others from selling it without his consent
• Patentee can the patented
invention into the country in which the patentee has the
patent.
 What constitute a patentable
invention?

• Sec.2 (j) means a new product or process

involving an inventive step and capable of industrial
application.
• Sec.2(ja) means a feature of an
invention that involves technical advance 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.
 What are not inventions?

Acc to Sec. 3 of the Patent Act, inventions that cannot be

patented are:

Sec.3(a): Frivolous or contrary to well established

natural laws.
 What are not inventions contd….

Sec. 3(b): Contrary to morality or injurious to public

health (animals/plants) or to environment
 What are not inventions contd….

Sec.3(c): mere discovery of a scientific principle or

abstract theory or any living/non living thing occurring
in nature.
Newton’s Laws
Superconducting Phenomenon as such
Property of certain material to withstand mechanical
shock
Discovery of natural gas or a mineral
 What are not inventions contd….
Sec3(d): mere discovery of new form of known
substance, new property or new use of a known
substance
Explanation.—For the purposes of this clause, salts, esters,
ethers, polymorphs, metabolites, pure form, particle size,
isomers, mixtures of isomers, complexes, combinations and
other derivatives of known substance shall be considered to be
the same substance, unless they differ significantly in properties
with regard to efficacy
 What are not inventions contd….

Sec.3(e): Mere admixtures resulting only in

aggregation of properties(as opposed in synergistic
mixtures) and processes thereof

Combiflam [Paracetamol (Antipyretic) + Brufen (analgesic)]

 What are not inventions contd….

Sec.3(f): Mere arrangement or rearrangement of

known devices each functioning independently of one
another in a known way
 What are not inventions contd….

Sec.3(h): Method of agriculture or horticulture

Cultivation of algae
Producing new form of a known plant

*Agricultural Equipment are patentable


What are not inventions contd….

Sec.3(i): any process for the medicinal, surgical,

curative, prophylactic diagnostic, therapeutic or other
treatment of human beings and animals to render them
free of diseases or to increase their economic value.
Removal of cancer tumor
Removal of dental plaque and carries
Surgical processes,
Method of vaccination
* Treatment performed on tissues or fluids permanently
removed from the body are patentable


 What are not inventions contd….

Sec.3(j): Plants and animals in whole or any part

thereof other than micro-organisms, including seeds,
essentially biological processes for production or
propagation
Clones and new varieties of plants
A process for production of plants or animals if it consists
entirely of natural phenomena such as crossing or selection
 Essentially biological Process
 What are not inventions contd….

Sec.3(k): Mathematical or business methods, computer

programme per se or algorithm

Computer programme by itself are not

patentable(copyright subject matter) combination of
software with hardware or embedding software in a
hardware is patentable
 What are not inventions contd….

Sec.3(l): Literary, dramatic, musical or artistic work or

any other aesthetic creation including cinematographic
work and television productions

*Copyright subject matter
What are not inventions contd….
Sec.3(m): A mere scheme or rule or method of
performing mental act or method of playing game

Scheme for learning a language

Method for solving a crossword puzzle,
Method of learning a language
Method of teaching /learning

* Novel apparatus for playing game or carrying

 out a scheme is patentable
 What are not inventions contd….

Sec.3(n): Presentation of information

 Any manner or method of presenting information
whether by
• Spoken words
• Visual display
• Symbols
• diagrams
 What are not inventions contd….

Sec.3(k): an invention which in effect, is traditional

knowledge
Traditional Knowledge already in public domain
 Wound healing property of Haldi
However,
Any value-addition using Traditional Knowledge leading to a
new process or product ,which is novel with inventive step and
industrial applicability,
Extraction of Azadirachtin from Neem can be patented
What are not inventions contd….

Sec.4: Inventions relating to atomic energy.

Inventions falling within Section 20(1) of the Atomic Energy

Act, 1962 are not patentable.
Inventions relating to compounds of Uranium, Beryllium,
Thorium, Plutonium, Radium, Graphite, Lithium and more as
notified by Central Govt. from time to time
What can be patented in medical
field

• Diagnostic kits/devices

• Medicines, drugs, formulations

• Vaccines

• Surgical, therapeutic or diagnostic devices

• Contraceptive methods
 Criteria for patentability

NUNS Test

• Novelty

• Utility

• Non-obviousness

• Statutory subject matter(Sec 3 and Sec 4

of The Patent Act)
Criteria for patentability contd….
Novelty: means new
Invention must not be:

• Published in India or elsewhere

• In prior public knowledge or public use

• Claimed before in any specification

 Criteria for patentability contd….

Utility/Industrial application:

Means the invention is capable of being made or used

in any kind of industry or should have some use.
Criteria for patentability contd….

Non obviousness/inventive step:

"inventive step" means a feature of an invention
 that involves technical advance 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
Examples: obviousness
Examples: obviousness
Examples: obviousness
Examples: obviousness
 Design Registration (डिजाइन पंजीकरण)

Monday, November 11, 2019 © UCOST 2015

 Industrial Designs
औद्योडिक डिजाइन
• Industrial Design Law protects designs that are
applied to articles.
• The design may include the shape, configuration,
pattern, ornament and so on that is applied to an
article and appeals to the eye.
• The design may be either two dimensional or three
dimensional.
• Protection is for 10 years from the date of
registration which is further extendable.
 Design Registration (डिजाइन पंजीकरण)

Monday, November 11, 2019 © UCOST 2015

 Copyright (प्रडिडिडपअडिकार)

साडित्य, किात्मक, नाटकीय और चिडचत्र सम्बं डिि कायों के डिए डिया जािा िै I
Monday, November 11, 2019 © UCOST 2015
 Copyrights
प्रतितिप्यातिकार
• Copyright grants exclusive rights over creative and artistic
works for a limited period of time.
• The Copyright law protects ideas expressed in a tangible
form, but not the idea underlying such expression.
• To get protection an idea should be expressed as literary,
dramatic, musical, artistic, cinematographic or
photographic work or as a sound recording.
• Example: The epic 'Ramayana' is in the public domain
and any person can express the story in his own way and
get copyright protection over his way of expressing it.

Monday, November 11, 2019 © UCOST 2015

 Rights under Copyright Law

The rights granted by the include:

• Right to Reproduce: No person can reproduce or make
copies without permission of the owner.
• Right to Distribute: A copyright owner gets the exclusive
right to distribute copies of his work.
• Right of Adaptation: Adaptation means converting a
work into a different form.
• Right to make Derivative Works: A copyright owner gets
the right to make improvements over this work.
• Right to Public Display: Public display of his work is the
right of the copyright owner.
Monday, November 11, 2019 © UCOST 2015
 Copyright Law
Term
• Life time + 60 years.
Registration
• No registration required. But, registration of a copyright
provides a presumption of ownership of the copyright.
Copyright Infringement
• A person exercises the rights of the copyright owner over the
copyrighted work without authorization.
Fair use
• Use of a work is said to be fair if the work is used for
education, news reporting, criticism and so on.

Monday, November 11, 2019 © UCOST 2015

Monday, November 11, 2019 © UCOST 2015
 Trademark (व्यापारडचन्ह)

Monday, November 11, 2019 © UCOST 2015

 Geographical Indications
भौगोतिक संकेिक

26/2/2013 © BCIL 2013 39

 Indian G.I. Act Framework
• GIs can be granted to an individual, a family, a partnership,
a corporation, a voluntary association etc or any
organization or authority established by or under any law
for the time being in force representing the interest of the
producers of the concerned goods.
• GIs protect and reward traditions while allowing for
products to evolve over time.
• GIs can be protected over long periods as long as the
collective tradition is maintained –
– Indian Act protects GIs for an initial period of 10 years, which
can be renewed after the expiry of the initial period of
protection for another 10 years.
– GIs would cease to be on the register if not renewed six months
after the expiration of the last registration.

26/2/2013 © BCIL 2013 40

 Semiconductor Integrated Circuits
Layout Designs
• The Semiconductor Integrated Circuits Layout Design Act
2000 provides for protection of Semiconductor Integrated
Circuits Layout Design and for matters connected
therewith or incidental thereto.
• The term of a registered layout design is 10 years from the
date of first commercialization or from the date of
registration.
• Requirements for Registration:
- Original
- Non-commercialized
- Distinctive
26/2/2013 © BCIL 2013 41
 The Protection of Plant Varieties
and Farmers Rights
• To promote development of new plant varieties.
• It provides protection in the form of exclusive rights over
new plant varieties for a limited period of time to plant
breeders.
• The law also protects farmers for conserving, improving
and making the plant genetic resources available for
development of new varieties of plants.
• The term of protection for plant varieties shall be as
follows:
– 18 years from the date of registration for trees and vines;
– 15 years from the date of notification by the central
government under the Seeds Act for extant varieties; and
– 15 years from the date of registration for all other varieties
26/2/2013 © BCIL 2013 42
 Thank You

Monday, November 11, 2019 © UCOST 2015