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IPR and Patent

IPR AND PATENT

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0% found this document useful (0 votes)
43 views38 pages

IPR and Patent

IPR AND PATENT

Uploaded by

kamalnath av
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 38

Intellectual Property Rights (IPR) And

Patents

Presented by

T
harani. K
hirumalaivasan.D
p e r t y
a l P r o
l le c t u
In t e )
s ( IP R
Rig h t
Synopsis

 Definition
 Violations of IPR
 Importance of IPR
 Benefits of IPR
 Legislations for IPR
 Types of IPR
 Reference
 Conclusion
What is IPR

 Intellectual Property Rights (IPR) are legal safeguards that protect the creations of the
human mind.
 These creations can be anything from inventions and artistic works to symbols and
designs.
 In essence, IPRs grant the creator exclusive rights to control how their creation is used
for a certain period.
VIOLATIONS OF IPR

Violations of intellectual property can take various forms, including:


 Counterfeiting and piracy
 Plagiarism(the act of stealing another person’s intellectual property (IP) )
 Unauthorized use or reproduction of copyrighted material
 Infringement of patented inventions or trademarks
Why is intellectual property important?

Intellectual property is vital for several reasons:


• Encourages innovation and creativity
• Fosters economic growth and competitiveness
• Protects businesses from unfair competition and theft of ideas
• Enhances the value of intangible assets and brand reputation
BENEFITS OF INTELLECTUAL PROPERTY
PROTECTION

BENEFITS
 Enhance the market value
 Turn ideas and thoughts into profit-making assets
 Enhance export opportunities
 Raise capital
Legislations for IPR

 Patents: The Patents Act, 1970 as amended in 1999, 2002 and 2005
 Design: The Designs Act, 2000
 Trade Mark: The Trade Marks Act, 1999
 Copyright: The Copyright Act, 1957 as amended in 1983, 1984 and 1992, 1994, 1999
 Layout Design of Integrated Circuits : The Semiconductor Integrated Circuits Layout
Design Act, 2000
 Protection of Undisclosed Information: No exclusive legislation exists but the matter
would be generally covered under the Contract Act, 1872
 Geographical Indications: The Geographical Indications of Goods (Registration and
Protection) Act, 1999
 Plant Varieties: The Protection of Plant Variety and Farmers' Rights Act, 2001
Types of IPR
PATENT

 Patents provide inventors with the legal right to


prevent others from making, using, selling, offering
for sale, or importing their invention without
permission.
 This incentivizes innovation by ensuring inventors
can reap the rewards of their creativity.
Procedure for Getting Patent in
India
COPY RIGHTS

 Copyright refers to the legal right of the owner of


intellectual property.
 In simpler terms, copyright is the right to copy.
 This means that the original creators of the
products.
Copyright covers

 (i) Literary, dramatic and musical work. Computer


programs/software are covered within the definition
of literary work;
 (ii) Artistic work;
 (iii) Cinematographic films which include sound
track and video films,
 (iv) Record-any disc, tape, perforated roll or other
device
LAYOUT DESIGN

 Design" means only the features of shape, configuration, pattern, ornament or


composition of lines or colors applied to any article whether in two dimensional or
three dimensional or in combined forms,
TRADE MARK

 TRADEMARK is a distinctive sign, which identifies certain goods or services as those


produced or provided by a specific person or enterprise.
 A trademark may be one or a combination of words, letters and numerals.
 It may also consist of drawings, symbols, three-dimensional colors and combination of
colors.
 It is used by traders/companies/firms etc to distinguish their goods and services from
those of their competitors.
Exampes of trade mark
GEOGRAPHICAL INDICATION

 Geographical Indications are names associated with goods which identify such goods
as agricultural goods, natural goods or manufactured goods as originating, or
manufactured in the territory of a country, or a region or a locality in that territory,
where a given quality, reputation or other characteristics of such goods is essentially
attributable to its geographical origin .
 Some examples of GI are Darjeeling Tea, Pochampalli Saree, Chanderi Saree,
Kanjeepuram Silk
TRADE SECRETS

 trade secrets are confidential business information that


provide a competitive advantage.
 They can be formulas, processes, techniques, designs, or
any information that gives a business a unique edge if kept
secret.
 EX ;KFC, Coco Cola ,source code , clients secrets at
company etc…
Examples
References

 https://www.researchgate.net/publication/328161728_INTELLECT
UAL_PROPERTY_RIGHTS_IPR
PATENT
Synopsis

 What is Patent?
 Objectives of patent
 Types of patents
 Responsibilities of patentee
 Duration of patent
 Patent filling process
Patent

 It is a set of exclusive rights granted by government of India to an


inventor for a limited period of time, excluding others from making,
using, selling, importing the patented product or process producing
that product for these purposes.
 PATENTEE : A person to whom the patent is granted.
Objectives

 To provide protection of creativity of creators.


  To promote the creativity of new creators.
  To accelerate the technological and industrial development of the
countries.
  To provide the exclusive right to invention and affords protection
against unauthorized use of invention by third parties.
  Understand the meaning of specifications.
  To encourage inventions by promoting their protection and utilization
Types of patents

 Ordinary patent
  Patent of addition : An addition for improvement in or modification
for a invention for which already patent has been applied or granted.
 Convention patent : A patent granted in respect of convention
application field under section 135 of act.
  National phase applications
Responsibilities of patentee

 To encourage and secure working of invention to fullest extent without


undue delay.
 Not to use monopoly to unfairly prejudice (NEGATIVE OPINION) interest
of public.
 Failure to discharge duties reasonably, would lead to revocation of
patent.
 To furnish periodical statements to Controller, as to extend to which
invention has been worked.
 Failure to provide statement to Controller is a punishable offence.
Duration of patent invention

 •Patent of addition - Term equal to that of the patent for the main
invention.

 Substances which are capable of being used as a food or medicine or


drug - 5 years from the date of sealing or 7 years from the date of
patent.
 Any other invention - 14 years from the date of patent.
Patent filling process
Step 1: Patent Search

 Once you’ve decided which application to file, you can move to the
next stage of the patent filing procedure in India, which is, conducting
the Patent Search. Patent Search is conducted to check whether there
are any similar inventions already patented or available in the public
domain. This is done to ensure that the product seeking patent
registration is absolutely novel and undisclosed to the public. If the
search results are clear, you can move to the next step.
Step 2: Patent Application Filing

 The procedure for filing patent application involves filing Form-1 and
submitting it with Patent Specification in Form-2. You may require
additional documents at this stage, which we will discuss later.
Remember, if you’ve filed the provisional application, it must be
replaced with the complete application within a year.
Step 3 ; Patent Specification
Drafting

 A detailed document that contains information of the invented


product. It is filed with the application to ensure full disclosure of
information to the Registrar of patent. At Setindiabiz, legal experts
help to draft Patent specifications accurately and comprehensively.
Seek our assistance anytime you need it!
Step 4: Patent Publication

 The following stage is the publication of application in the Patent


Journal. It is done 18 months after the date of application and brings
the invention into the public domain for the first time.
Step 5: Requesting Patent
Examination

 Within 48 months of applying, a patent examination is requested. An


examiner is assigned to go through the details of the application and
raise objections against any discrepancies found. If objections are
raised, the applicant must reply within 12 months. If the replies aren’t
satisfactory, show cause hearings may be called to settle objections.
Step 6: Grant of Patent

 Only after all the objections are settled, the Registrar will consider
granting the patent rights to the inventor for 20 years from the
application date.
REFERENCES

 Setindiabiz Private Limited – All Rights Reserved | CIN U74900DL2015PTC282029


 IPR AND PATENT ANNAMALAI UNIVERSITY
 IPR – ANNA UNIVERSITRY
THANK YOU

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