CHAPTER – 1

Module 3
INTRODUCTION
TO INTELLECTUAL
PROPERTY
 • Intellectual Property (IP) is a
special category of property created
What is by human intellect (mind) in the
fields of arts, literature, science,
Intellectual trade, etc.
Property
(IP)?
 The major types of IP:
1. Trademarks: 2. Patents: 3. Industrial Designs: 4. Copyright:
A trademark is a sign that patent is a legal document that gives its Design protection relates to some Copyright is a right vested in the owner
suitably differentiates the owner the exclusive right to manufacture specific beautiful images related or creator of the publication and
owner’s goods or services from a product or manufacture it in any form to products whose work the distribution of text, music, images or
those of others. in a limited area and for a limited period, owner may want to protect. other works. Copyright also applies to
preventing interested parties from content such as software, data files and
Example:- producing, using or selling a product. Example:- related information.
Brand names: Apple present invention The shape of a product: The
Product names: iPhone shape of a Samsung Galaxy Example:-
Company logos: Apple logo Example:- phone Literary works: Books, musical pieces
Slogans: Think Different New inventions: The light bulb The pattern on a product: The Artistic works: Paintings, movies
(Apple) New processes: The manufacturing pattern on a Nike sneaker Software programs: Computer software,
process for a new drug The color scheme of a product: games
New designs: The design of a new car, The color scheme of a Starbucks Technical works: Engineering drawings,
coffee cup architectural plans
Role of IP in
the • The keystone of progress, no civilized society can afford to ignore
the basic requirement of encouraging the same. The economic
and social development of a society is largely dependent on
Economic creativity. The protection provided by the IPR to the
creators/innovators is an act of incentivization to encourage
and Cultural them to create more and motivate others to create new and
novel things.

Development • Example, compliance with the Trade-Related Aspects of

Intellectual Property Rights (TRIPS) Agreement has affected the

of the farming community as they are unable to store seeds for the next
crop.

Society
 Origin of IP

01 02 03
Though there is no official record Statute of Monopolies‘, which By the end of the 18th century
of the origin of IP, it is believed gave the rights to the original and the beginning of the 19th
that a rudimentary form of IP was creator/inventor for 14 years. century, almost every country
being practised around 500 Before Another legislation, ‗Statute of started laying down IP legislation
the Common Era (BCE) in Sybaris, Anne‘, was passed by the British to protect their novel inventions
a state of Greece. The natives of parliament in 1710. and creations.
Sybaris were granted a year‘s
protection for using their intellect
 • Patents

History of IP • The history of the Indian patent system dates back to the pre-
independence era of British rule.
• The first patent related legislation in India was Act VI of 1856,
in India adapted from the British Patent Law of 1852.
• The objective of this legislation was to encourage the inventions
of new and useful manufactures.
 • To fill the gaps existing in the IP
Laws and Acts and also to introduce
new guidelines/directions based on the
Major current scenario (socially and
Amendments politically), each nation keeps on
in IP Laws updating the concerned IP Laws and
and Acts in Acts.
India
 CHAPTER – 2

Module 3

PATENTS
What is Patents?

The exclusive right legally protects the

invention from being copied or
A patent is an exclusive right granted for reproduced by others. In return, the
an innovation that generally provides a invention must be disclosed in an
new way of doing something or offers a application in a manner sufficiently clear
new technical solution to a problem. and complete to enable it to be
replicated by a person with an ordinary
level of skill in the relevant field.
Law of Patents

01 02 03
The law of patents refers to Patents are exclusive rights This exclusivity is provided
the legal framework that granted by a government to in exchange for the public
governs the protection and inventors, allowing them to disclosure of the invention's
enforcement of intellectual exclude others from making, details, which contributes to
property rights for using, selling, or importing the advancement of
inventions. their patented inventions for technology and knowledge.
a specified period of time.
 1. Eligibility Criteria: Inventions must be novel, non-obvious, useful, and fall
within patentable subject matter, like processes, machines, manufactures, or
compositions of matter, to qualify for patent protection.

2. Application Process: Inventors file detailed patent applications with the

relevant government patent office, which are examined by patent examiners to
determine compliance with patentability criteria.

Key aspects 3. Granting of Patents: Meeting necessary criteria results in a patent grant,
providing exclusive rights to the inventor for approximately 20 years from the
of patent filing date.

law include: 4. Enforcement and Licensing: Patents grant legal rights to prevent
unauthorized use, manufacture, sale, or importation of the invention; patent
owners enforce these rights through legal actions or license the invention to
others.

5. International Protection and Challenges: Despite being granted by individual

countries, international agreements like the PCT and WIPO facilitate global
harmonization of patent practices; challenges and litigation arise in disputes
over patent validity or infringement, leading to legal proceedings for resolution.
Conditions for obtaining patent
protection

Novelty - Not part of ‘State of the Art’. The

innovation claimed in the patent
Inventive step - Not obvious to the person
application is new and not known to
(s) skilled in the art. The innovation is a) a
anybody in the world. In other words, the Capable of industrial application - For the
technical advancement over the existing
innovation is a) not in the knowledge of the benefit of society. The invention is capable
knowledge, b) possesses economic
public, b) not published anywhere through of being made or used in any industry.
significance and, c) not obvious to a person
any means of publication and c) not be
skilled in the concerned subject.
claimed in any other specification by any
other applicant.
 1. Decision Dilemma: Upon invention completion, the
inventor faces the choice between exploiting it for
personal gain under statutory laws or making it public.
Decision- 2. Preference for Personal Benefit: Typically, most
making inventors opt for exploiting the invention for personal
gain rather than placing it in the public domain.
process: 3. Monetization Options: To seek monetary benefits,
the owner can choose between patenting the invention
To patent or or keeping it as a trade secret.
4. Trade Secrets: Best suited for maintaining long-term
not to patent secrecy (potentially over 100 years) with minimal risk
of reverse engineering.
an invention. 5. Patents: Ideal for inventions with shorter lifespans or
higher susceptibility to reverse engineering once made
public.
Rights associated with patents and enforcement of
patent rights.

Rights Associated with Patents Enforcement of Patent Rights

1.Patent Rights: A patent owner has the exclusive right, 1.Enforcement Overview: Enforcement ensures
determined by law, to control the use, distribution, adherence to laws, regulations, and norms. Patent
importation, and sale of the patented invention. Others rights are enforced through judicial courts, which
cannot utilize the invention commercially without the possess the authority to halt infringement.
owner's consent, but permission can be granted under 2.Owner's Responsibility: Patent owners bear the primary
mutually agreed terms. responsibility for monitoring, identifying, and initiating
2.Enforcement: Patent rights empower the owner to take action against patent infringers, despite enforcement
legal action against unauthorized use, seeking being overseen by judicial courts.
injunctions to stop infringement and compensation for
damages incurred.
Understanding Patent Infringements and
Precautions
Patent Infringements:

• Upon patent grant, the owner gains exclusive rights to utilize the invention.
• Infringement occurs when unauthorized use or exploitation of the invention happens.
• classified into two types: Direct Infringement (substantial similarity or unauthorized commercial use) and Indirect
Infringement (accidental or deceitful).

Legal Recourse for Patentees:

• Patentees have the right to sue infringers through judicial channels.

• Remedies available include interlocutory injunction, damages or accounts of profits, and permanent injunction.

Government Rights and Precautions:

• The Central government reserves right to use inventions during national emergencies or urgent circumstances.
• Avoiding public disclosure before patenting is crucial to maintaining novelty.
• The Patents Act provides a 12-month grace period for filing a patent application post-publication or presentation.
• In unavoidable situations, like pitching to potential investors, signing a Non-Disclosure Agreement (NDA) safeguards the
inventor's interests.
 CHAPTER – 3

Module 3

PROCESS OF
PATENTING
 The process of patenting involves disclosing
the invention, conducting a prior art search,
preparing and filing a patent application,
What is the undergoing examination by the patent office,
responding to objections, and ultimately
Process of obtaining the patent grant, followed by
maintenance and potential enforcement and
Patenting? commercialization efforts.
 Filing of Application with IPO

Flow chart of Publishing

major steps
involved in the
Examination
grant of a patent

Grant of the Patent

 Patent Application Process Overview
Prior Art Search: Inventors verify Choice of Application: Decide Patent Application Forms: Use Form-
novelty by researching patent between provisional and complete 1 for general information and Form-2
documents and Non-Patent patent applications; provisional for technical details; include essential
Literature, essential for patent filing preferred for cost-effectiveness, elements like invention description
and avoiding infringement. flexibility, and securing priority date. and claims.

Examination and Grant: The patent

Publication and Opposition: Publicly
Jurisdiction Selection: Choose an office evaluates the patent application
disclose the patent application,
appropriate jurisdiction for patent to assess its compliance with
initiating the patent examination
filing based on legal requirements and patentability criteria. Upon meeting
process. Provide an opportunity for
strategic considerations to maximize all requirements, the patent office
third parties to oppose the grant of
protection and benefits. issues the patent certificate, granting
the patent before its issuance.
exclusive rights to the inventor.
List of important patent application forms
Form
Title
No
1 Application for Grant of Patent
2 Provisional/Complete Specification
3 Statement and Undertaking Under Section 8
5 Declaration as to Inventorship
9 Request for Publication
Request for Examination of Application for
18
Patent
Fee for obtaining a patent via electronic filing

Small entity alone or with a natural Others alone or with natural

person person/ startup/ small entity
Natural person/startup (₹ ) /startup (₹ ) (₹ )
Item
Provisional/Complete Specifications 1,600 4,000 8,000

Request for Early Publication 2,500 6,250 12,500

Request for Examination 4,000 10,000 20,000

Express Request For
5,600 14,000 28,000
Examination
Renewal Fees Annually)
3rd to 6th Year
6th to 10th Year 800 2,000 4,000
11th to 15th Year 2,400 6,000 12,000
16th to 20th year 4,800 12,000 24,000
8,000 20,000 40,000
Types of Patent
Applications:
1. Provisional Application: Filed for incomplete
inventions to obtain priority date.
2. Ordinary Application: Complete application
without priority date claim.
3. PCT Application: International filing for patent
protection in PCT member countries.
4. Divisional Application: Splits multiple inventions
from the main application for separate filing.
5. Patent of Addition: Modification of existing
invention; no separate renewal fee.
6. Convention Application: Filing in Convention
countries within 12 months with the same priority
date.
National 1.Indian Patent Office (IPO): Responsible for
patent granting and administration in India.
Bodies 2.Department for Promotion of Industry and
Dealing with Internal Trade (DPIIT), Technology
Information, Forecasting and Assessment
Patent Affairs Council (TIFAC), National Research
Development Corporation (NRDC): Engaged
in patent-related policies, technology
assessment, and commercialization.
 • Definition: Utility Models, also known as Petty Patents or Innovation
Patents, protect incremental improvements over existing products
without meeting stringent novelty and non-obviousness criteria of
Overview of utility patents.
• Criteria: Utility Models relax novelty and non-obviousness
models and their requirements but maintain the necessity for industrial application or
utility, similar to patents.
relevance in the • Benefits for MSMEs: Utility Models benefit Micro, Small, and
Medium Enterprises (MSMEs) by offering less rigorous and cost-
patenting process. effective protection, allowing for innovation improvement without
extensive R&D investment.
• Duration: Utility Models typically have a shorter lifespan compared
to patents, ranging from 7 to 15 years in various countries.
• Global Recognition: Around 80 countries, including France,
Germany, Japan, South Korea, China, Finland, the Russian Federation,
and Spain, protect Utility Models under their Intellectual Property
Rights (IPR) laws.
• India's Status: As of now, India does not recognize utility patents, but
their recognition could significantly increase the number of patents
filed and granted annually, especially for small inventions.