Intellectual Property is the product or creation of

the mind

It is different from other properties in term that is

‘intangible’

Hence it needs some different way its protection

IPR is the body of law developed to protect the
creative people who have disclosed their
invention for the benefit of mankind

This protects their invention from being copied or

imitated without their consent
 Patents

Industrial Trademark
Property
IPR
Industrial
Copyright Design
Trade
Secrets
In India, the grant of patents is governed by
The Patent Act, 1970 & Rules, 1972 &
operative in the whole of India

The Patent Law of 1856

The Patent & Designs Act, 1911
The Patent Act, 1970 & Rules, 1972
The Patent Amendment Act, 2005
Grant from Government
Confers on the guarantee
For a limited period of
time
Exclusive privilege of
making, selling & using
the invention
For which a patent has
been granted
Statutory
Class
Useful Novel Non-obvious

Composition
Process Machine Manufacture
of Matter New Uses
Invention which claims anything obvious to the contrary to well
established natural laws

Invention intended, the intended use of which can be injurious to

public health

Mere discovery of a scientific principle or the formulation of an

abstract theory

Mere discovery of any new property of new use for a known

substance
 Mere use of known process, machine or apparatus unless such
known process results in a new product or employs atleast on new
reactant

A substance obtained by a mere admixture resulting only in the

aggregation of the properties of the components thereof or a
process for producing such substance

Method of testing, applicable during the process of manufacture for

rendering the machine, apparatus or other equipment more
efficient or for its improvement / restoration
 Any method of agriculture or horticulture

Any process for the medicinal, surgical, curative, prophylactic or

other treatment of human beings or animals or plants to render
them free of disease or increase economic value

Mere arrangement or re-arrangement or duplication of known

devices each functioning independently of any one another in a
known way
 Any method of agriculture or horticulture

Any process for the medicinal, surgical, curative, prophylactic or other treatment of
human beings or animals or plants to render them free of disease or increase
economic value

Mere arrangement or re-arrangement or duplication of known devices

each functioning independently of any one another in a known way

Inventions relating to atomic energy

 Ministry of Commerce & Industry

South –
North - Delhi East - Kolkata West - Mumbai Chennai (Incl
Bangalore)
 Notification of “Acceptance”
Examination & Novelty in Official Gazette of India
Research
Acceptance
Opposition (if
any)

Trash
?

Grant of Patent

Filing of Patent Application

Primary Secondary
Ordinary Product
Patent Patent

Patent of Process
Addition Patent

Patent of
Convention
 Person whether a citizen of India or not, or by his
‘assignee’ or legal representative

Claiming to be true or first inventor of the invention

Could be made alone or jointly with any other

person

Person would also include ‘Government’

Completion of Failure to pay
Full Term Renewal Fee

Successful
challenge by
opponent in
Patent Office or
Court of Law
 5 Years
from date
Invention claiming of sealing

SHORTER
process of
manufacture
intended to be used
as food / medicine 7 Years
from date
of patent

14 Years
Other Invention from date
of patent
 Process Patent Product Patent

5 Years for Food, Drugs,

Medicines, etc & 14 years for 20 Years for all Inventions
other Inventions

Indian Market became MNC’s to enjoy same IPR in India

undesirable to MNC’s as they enjoy elsewhere

Focus on Generics & Neglect of Shifting of focus from Generics to

New Drug Discovery Innovative Drug Discovery

Development of expertise in To recognize all patents filed after

‘Reverse Engineering’ January 1, 2005
 Encourages
Research

Induces
Encourages
inventor to
Technological
disclose
Development
invention
Benefits

Encourages
Inducement for
Establishment
Capital
of New
Investment
Industries