Professional Documents
Culture Documents
Rights
Presented by:
venkata kumar sahu
M.Pharm(Ceutics)
Anna University Tirchirappalli.
Intellectual Property
3
Why to Protect
Intellectual Property??
Geographical
Indication
Trademark
Trade
Secret
6
How to Protect
Intellectual Property?
Creation New NO
Secret/ Secret
Yes
Public
Patent
Public /publish
Publish
Patent
Inventor’s perspective
- Patent +
Cost of patenting
Cost of renewal
-/+ Commercial exploitation
License it
Policing
Inventor’s perspective
Publish
- +
No commercial benefit Immediate Recognition
TYPES OF PATENT
PATENT DESIGN
UTILITY PATENT
PLANT PATENT
13
1.DESIGN PATENT
14
FEATURES OF DESIGN
PATENT
It protects ornamental ,
Design
Improved decorative apperance
15
DESIGN OF COKE BOTTLE
16
17
BICYCLE HELMET
Patented
for it’
design
18
Patented for it’s design
and filed in USPTO-
Athlete’s shoe
19
US PATENTED EAR RINGS IN
1980 FOR IT’S DESIGN
20
Life period:14 YEAR
Fee : $2000-$2500
No need for maintanence fee
Limitation:
21
2.UTILITY PATENT
23
DOVE SOAP-PATENTED FOR IT’S
CLEANISING PROPERTY
It’s having
sodium cocyl
isothionate,ste
aric
acid,coconut
oil,sodium
tallowate as
active
ingredients 24
PATENED FOR IT’S
ANTIDANDROFF ACTIVITY
ZPTO as a
main active
ingredient,it
reduces
epidermal
turnover and
inhibits
pityosporum
ovale
25
Features of utility
patent
It provides the right to prevent
others from
making,using,selling&importing a
product
Life period:20 years
Fee structure: $3000- $5000
Maintanance fee should be paid at
the intervals of 31/2.71/2,111/2 yrs to
USPTO
26
PLANT PATENT
side perspective
view of a flowering
plant of 'Didi
Salmon Two'.
close-up view of
typical flowers and
leaves of 'Didi
Salmon Two'.
28
DESCRIPTION
31
TO know about already
patented
invention…………
To know the fee structure
of various type of patent
and other details………
http://www.uspto.gov
32
Type of Patents in
Pharma
Medicinal Prodrugs
Compounds Isomers
Medical uses Salts
Dosing regimens Process and
Combinations intermediates
Formulations - Assays and other
delivery systems research tools
Metabolites Diagnostic methods
Polymorphs
33
Trademark Container
Design
API Compound
& Synthesis
Patent
Combo w/RTV Protection
Patent
Protection
Formulation
Method of Patent Protection
Treatment
Patent Protection
Solvated API
Patent Protection
34
PATENTING PRROCEDURE
DOCUMENT REQUIRED FOR
PATENTING
Application form in triplicate
Provisional or complete specification in
triplicate
Drawings in triplicate (if necessary)
Abstract of invention in triplicate
Information and undertaking listing the
number ,filing date, current status of
each foreign patent application in
duplicate
Priority document if necessary
Typical Filing Process
Start date
for patent term Publication at 1.5 years
National and
Priority International PCT Regional
National Phase Approvals
Document Filing via PCT
Examination up to issuance
0 1y 2.5 y +/- 6 to 10 y
36
STEPS IN PATENTING
43
PARTS OF COMPLETE SPECIFICATION
Title- to the specification and concise but
illustrative it self
Opening descriptions-provide preamble
to the invention
Prior art reference- previous knowledge
of present invention(not in India)
Objective of invention- purpose of
invention and utility aspects
Statement of invention-it gives the
additional claim written at below and provide
supportive statement
Claims-defines the monopoly rights and
state what the invention want to protect
in a lucid manner 44
Detailed description- illustrative
explanation with all pro and cons of
invention and must be sufficient enough to
enable national skilled persons to put it
into practice
PRIORITY DATE
It is the date that claim the invention is
date of filling the application
PUBLICATION OF APPLICATION(IIA)
Published in the 18 month after
application
The publication is notified in the official
gazette date of application , number of 45
Examination Procedure
Examination by the National or Regional Patent Offices
Done in two steps ie request for examination and final
examination
Former is done with in 48 months from date of filling and
essentially requires a request from applicant
Second one checks
Documents are as per requirement or not
For any lawful ground of objection
Contain results of search for previous publication or
claim
Make report with in 18 months from the date of
reference
Examination types-
• Formal examination
• Substantive examination
Novelty
Inventive
Industrial Applicable 46
OPPOSITIO TO GRANT
PATENTING
Person interested to oppose may notice with
in 4 months of advertisement of acceptance
Opposition is based on section 25
GROUNDS OF OPPOSITION
Obtaining wrong fully
Prior publication
Prior public use or prior public knowledge
Obviousness or lack of innovative step
Non patentable invention
Insufficient description of invention
Failure to describe the information related
to foreign inventions
If conventional application is not made with
in specified time
47
GRANT AND SEALING
Granted if
Complete specification accepted
Time specified to oppose is expired
Opposed but finally decided in favor of
applicant
Sealing requires request with in 6
month from the date of
advertisement of acceptance of
complete specification
Else remained pending before the
controller or appellate board request
is made within prescribed period of
final decision on proceedings 48
TRIPS-
(Trade related aspects of intellectual property rights)
63
Patent
II amendment-2002
Scope of patentable inventions
Grant of new rights
Extension of the term of protection
Provision for reversal of burden of
proof
conditions for compulsory license
CENTRAL GOVERNMENT
• INTERNATIONAL ARRANGEMENTS
• PENALTIES
WHO CAN APPLY
Application may be made, either alone or
jointly with another, by the inventor,
assignee, legal representative of
deceased inventor or assignee.