Connecting Industry & Science

IPR
PATENTS

INTELLECTUAL PROPERTY RIGHTS

Intellect is an umbrella term used to describe a property of the mind that encompasses many related abilities, such as the capacities to reason, to plan, to solve problems, to think abstractly, to comprehend ideas, to use language, and to learn. Intellectual Property refers to creation of mind i.e. inventions, industrial designs for article, literary & artistic work, symbols etc. used in commerce. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; ideas, discoveries and inventions;

IPR: At a Glance

Patent

Trademark

Copyright

Geographical Indication

Industrial Design

Trade Secret

PATENTS
Patent is an exclusive right granted to a person

who has invented a new and useful article or an improvement of an existing article or a new process of making an article. After the expiry of the term the patent, it becomes public property when anybody can use the patented invention. The owner of the Patent can sell or license this property. Extent of patent is territorial in nature. A Patent is not granted for an idea or principle as such.

Objective of patent Law

Encourages research and invention. It induces an inventor to disclose his discoveries instead of keeping them as a trade secret. If offers a reward for the expenses of developing inventions to the stage at which they are commercially practicable. If provides an inducement to invest capital in new lines of production which might not appear profitable. Technical companies need to innovate continuously, for which they need to constantly invest and be involved in R & D. This Research

PATENTABLE INVENTION
A new product or process, involving an inventive step

and capable of being made or used in an industry. It means the invention to be patentable should be technical in nature and should meet the following criteria 1. Novelty : The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India. 2. Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document. 3. Industrially applicable: Invention should possess utility, so that it can be made or used in an industry.

PATENTS
Advantages of Patent to inventor
Pioneer advantage. Chances of keeping the formula are meagre. If other people start manufacturing the article by

independent discovery, the original inventor has no effective legal remedy. Danger of a competitor taking out a patent for the article suing the secret user for infringement. Monetary rewards. A competitor is also forced to design around the patent. A Patent specification does not disclose all the details of manufacture.
There is an obligation cast on the patentee to work the

invention on a commercial scale either by himself or through licensees.

If in spite of compulsory license being granted the invention

INVENTIONS NOT PATENTABLE

1.

2.

3.

4.

5.

An invention which is frivolous or which claims anything obvious contrary to well established natural laws. An invention the primary or intended use of which would be contrary to law or morality or which causes serious prejudice to human, animal or plant life or health or to the environment. The 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. 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 new product or employs at least one new reactant. A substance obtained by a mere admixture resulting

INVENTIONS NOT PATENTABLE

6. The mere arrangement or rearrangement or duplication

of known devices each functioning independently of one another in a known way. 7. A method of agriculture or horticulture. 8. Any process for the medicinal, surgical, curative, prophylactic 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. 9. Plants and animals other than microorganisms in whole or any part thereof including seeds varieties and species and essentially biological processes for production or propagation of plants and animals. 10.A literary, dramatic, musical, or artistic work or any other aesthetic creation whatsoever including

INVENTIONS NOT PATENTABLE

11. A mathematical or business method or a computer
12. 13. 14. 15.

16.

program per se or algorithms. A mere scheme or rule or method of performing a mental act or method of playing a game. Presentation of information Topography of integrated circuits. An invention which, in effect, is a traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components. Inventions relating to atomic energy.

WHO MAY APPLY

An actual application for a patent may be made by the

actual inventor or an assignee or by the legal representative of either. A mere financial partner, a firm or a corporation cannot be the sole applicant claiming to be the inventor. In the absence of the special contract, the invention of a servant even though made in the employers time and with the employers material, and at the expense of the employer does not become the property of the employer. Inventions made by employee specifically employed for R&D in general belong to the employer. An application for a patent will not be open to public for a period of 18 months from the date of filing.

PATENTS
There are 3 main types of Patent: Utility Patent, Design Patent and Plant Patent. Utility patents Protect inventions that involve machines, processes and biological or chemical compositions of matter. Design patents Cover the aesthetic or ornamental design of articles of manufacture.
Plant patents Grant rights to anyone who has discovered (or created) a new plant by means of asexual reproduction.

TYPES OF PATENT APPLICATION

1. Ordinary Application

The first application for patent filed in the Patent Office without claiming priority from any application or without any reference to any other application under process in the Patent office is called an ordinary application. 2. Convention application When an applicant files a patent application, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries, it is called a convention application. To get a convention status, an applicant should file the application before any of the patent offices within 12 months from the date of first application in the convention country. 3. PCT- International Application The Patent Cooperation Treaty or PCT is an international agreement for filing patent applications. The PCT application does not provide for the grant of an international patent, it simply provides a streamlined process for the patent application process in many countries at the same

TYPES OF PATENT APPLICATION

National Phase Application under PCT The PCT-national phase must follow the international phase. The applicant must individually 'enter into the national phase'. i.e. file a National phase application in each county he wishes to enter. The applicant can enter the national phase in up to 138 countries within 30-31 months (depends on the laws of the designated countries) from the international filing date or priority date (whichever is earlier). 5. Patent of Addition Patent of addition is an application made for a patent in respect of any improvement or modification of an invention described or disclosed in the complete specification already applied for or has a patent. The major benefit is the exemption of renewal fee so long as the main patent is renewed. A patent of addition lapses with the cessation of the main patent 6. Divisional Application A divisional application is one which has been "divided"
4.