Intellectual property rights -- Patents

Group- 3 Chaturya (11101) Archana reddy (11106) Bharath chavali (11110) Vinay kumar singh (11169) Rajeev babu (11239) Sameer (

INTELLECTUAL PROPERTY

Intellectual property is the product or creation of the mind. It is different from other properties in term that it is intangible. Hence it needs some different way for its protection.

INTELLECTUAL POPERTY RIGHTS

Types of intellectual property:

Industrial Property

Patents Trademarks Industrial design Trade secrets

Copyrights

THE INDIAN PATENT ACT 1970

In India the grant of patents is governed by the patent Act 1970 and Rules 1972. The patents granted under the act are operative in the whole of India.

HISTORY

The Patent Law of 1856 The Patent and Designs Act, 1911 The Patent Act, 1970 and Rules 1972 The Patents amendment act 2005

What is Patent?

A patent is a grant from the government which confers on the guarantee for a limited period of time the exclusive privilege of making, selling and using the invention for which a patent has been granted

Why one should go for getting a patent?

To enjoy the exclusive rights over the invention. The patent is to ensure commercial returns to the inventor for the time and money spend in generating a new product

What can be patented?

In order to be patentable, an invention must pass four tests; 1. The invention must fall into one of the five statutory classes: Processes Machines Manufactures Compositions of matter, and New uses of any of the above 2. The invention must be useful 3. The invention must be novel 4. The invention must be non-obvious

Who can apply for a patent?

Application for a patent can be made by any person whether a citizen of India or not, claming to be the true or first inventor of the invention or by his assignee or legal representative. Application may be made alone or jointly with any other person. A company or firm cannot be named as the true inventor.

Patent grant procedure Examination & novelty search Acceptance Opposition if any

Refusal

Trash
Grant for patent

Ha ha I deserve it!!

Filing of patent application

What is the term of patent?

In respect of a invention claiming process of manufacture of a substance intended to be used as food or medicine---- 5 years from the date of sealing or 7 years from the date of patent whichever is shorter.
In case of any other invention----- 14 years from the date of patent.

How does a patent get expire?

A patent can expire in the following ways;

1. The patent has lived its full term. 2. The patentee has failed to pay the renewal fee.

3. The validity of the patent has been successfully challenged by an opponent by filling an opposition either with the patent office or with the courts. As soon as the patent expires, it passes to the general public domain and now anybody can use it without the permission of the original inventor

What are different types of patents?

Three types of patents are granted under the provisions of the act, namely:

An ordinary patent A patent of addiction A patent of convection

A second type of classification of patent is:

Product patent Process patent

What can not be patented?

An invention which claims anything obvious contrary to well established natural laws; An invention the intended use of which can be injurious to public health

The more discovery of a scientific principle or the formulation of an abstract theory;

The mere discovery of any new property of new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a anew product or employs at least one new reactant;

What can not be patented? (cont...) 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; The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; A method or process of testing, applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or control of manufacture; A method of agriculture or horticulture;

What can not be patented? (cont...) Any process for the medicinal, surgical, curative or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products.
Inventions relating to atomic energy.

From where to get a patent?

Indian patent office The patent office, under the ministry of commerce and industry, it has been established to administer the various provisions of the patents Law relating to the grant of patents.
Locations

East- Kolkata (Calcutta) West- Mumbai(Bombay) North- Delhi South- Chennai(Madras)- includes Bangalore

What is the difference between a US patent and Indian patent?

Patents are technically national But with multilateral agreements Treaty patenting systems are increasingly being globalized.

Recent amendment to Patents Act

Objective was to introduce product patenting in three sectors pharmaceuticals, agrochemicals and food This was under the TRIPs obligation, latest by January 1,2005.

Basamati Case Study

Yahoo Vs Facebook

Roche Vs Cipla

Blackberry Case

LZW Compression & GIF