Professional Documents
Culture Documents
Intellectual Property?
Modification
Design
Difference
Benefits To RiceTec-
Brand Association
Reputation
Market share
Superior features/characteristics
Confusing the customers into buying their product
Monopoly on Basmati Rice In US & Europe
2. Process Patent
What Is Patentable?
Process, Method or Manner of manufacture
inventions)
FILING OF APPLICATION
• IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS
PROVNL. / COMPLETE
Appeal
Revocation/Amendment
Appellate Board
Procedure of PCT Application (via the Indian Patent Office)
Other Information About Patents
Patent cost is about Rs. 45000 to Rs. 1,50,000
Patentee can take help of Patent Agent after signing Non
Disclosure Agreement.
Patentee must have to pay renewal fee from 3rd year to 20th year
(i.e. approximately Rs. 2000 to Rs. 44000 per year)
Patentee have right to use the patent for 20 year, but after 20
year anyone can use that innovation without concern of patentee
Time of the patent can be increased than 20 year on special
conditions with Supplementary Protection Certificate (SPC)
INDIA On Patents
Compulsory Licensing?
Patent owner has the right to decide who may – or may not –
use the patented invention for the period in which the invention
is protected
Any one can apply for Compulsory licensing for any patent and
government can issue Compulsory license for public interest.
Need of Compulsory Licensing ?
Emergency issues
India’s First Compulsory License Case
Vs.
Bayer HealthCare have patent on cancer medicine Sorafenib
(selling under brand name Nexavar)
But Natco Pharma Limited got the Compulsory License in India on
Sorafenib (Nexavar).
Bayer HealthCare filled case to IPAB against Compulsory License
to Natco Pharma Limited on Nexavar
But IPAB said to continue Natco Pharma Limited with issued
license, but Bayer got a six per cent royalty on sales by Natco.