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PATENT

Intellectual Property-

“Intellectual property is creation of Human Intellect”

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Objective-

Invention

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WHAT IS IPR ?

Intellectual property – creations of the mind

that have commercial value.

IPR are legal and territorial, governed by law of

land.

IPR Assets are intangible assets that are not

physical but that have value.

Like tangible real or personal property, the law

recognizes the right to own and to control IPR.

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IPR –KEY FEATURES…….

Intangible assets , including ip, represent 80%

of market capitalization of top 500 u.s.

companies (Thomson Innovation) Indian Patent Act 1970 allowed only process

patent and “No” product patent The patent(Amendment ) act 2005 has come

into force with effect from 1.1.2005 to meet

the international obligation of TRIPS

agreement for grant of product patents.

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Contents-

Copyright. Trademark. Patent.

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Copyright:

Copyright is a form of protection provided to the authors of "original works of authorship“.

The copyright Act, which is in force in India, is the Copyright Act 1957 as amended in 1984, 1997 and 1999.

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Copyright Copyright protects

literary and artistic works.

BROADCASTMUSICAL WORKS

ARTISTIC WORKS

SOUND RECORDING

TYPESOF COPYRIG

HT

FILMS

LITERARY WORKS

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Duration of Protection

For books and other works of arts it is 50 to 70 years after the death of the author (the laws of different countries vary).

For photographic works, 25 years from making the work.

For cinematic works, 50 years after making the work available to public.

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2) TRADEMARK (TM)

Trademark-

It is word, design, number, 2-D or 3-D form, sound, or color, or combination of 2 or more of these elements which a trader uses to distinguish his or her product with his or her competitors.

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Forms of TM

Visual: Words, devices including drawings and symbols or 2-

D representations of object or a combination of two or more of

these, color combinations, 3-D sign as shape of goods or

packaging.

Audio: Sounds, Musical Notes.

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Importance of Trade Mark Registration

Exclusive Rights - Registered trade marks owners have

exclusive right to use their marks in trading.  They also have the

rights to take legal action for infringement under the Trade Mark

Law against others who use their marks without consent.

Identification- TM is an exclusive mark intended to

differentiate the product of one seller with others.

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Duration of registration -

Trade mark registration is valid for 10 years from the

date

of application and may be renewed every ten years.

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Similar Getup

Beauty Cosmetics Vs. Kamill Cosmetics

Court granted an injunction restrictingKamill Cosmetics from selling Shampoo

with a label similar to Nyle Shampoo although the marks Nyle and Kamill are completely different.

Case -

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Patent- Patent system of India.

What is a Patent?

“Patent is a property right granted by government to a patentee or an inventor to exclude others from making, using, selling, offering to sell or import his/her invention throughout the country during the term of a patent.”

As soon as the patent gets expired, it passes into the public domain, and anybody can use it or utilize the same without the permission of the original inventor.

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What is patent?

“A patent is an exclusive right granted

by the govt. to a original

inventor/developer/researcher of an

invention, which prohibits others from

making, using or selling that invention.”Right to restrain any unauthorized third person from

Making

using sellingimport

ing

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Aim and objectivesProvide necessary legal protection for newly developed

products and processes.

Ensure commercial returns to the inventor .

To debar others from exploiting the invention commercially a patentee must go for getting a patent.

Research is the heart of the pharmaceutical industry. Patent protection is the only weapon, which will enhance the interest of the companies to enter into research and to develop new molecules and products.

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Types of Patent application

1) Ordinary patent :-

It is granted based on the ordinary application made for patent.

2) Patent of an addition :-

It is secured for the modification/improvement of invention; a patent

is already applied for /granted.

3) A patent granted under convention agreement:-

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Continued..

4)Patent cooperation treaty:-

PCT is an international agreement for filing patent applications.

Provides a streamlined process & protection in 143 countries.

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Patentable Inventions: Criteria

Relates to a Process or Product or both .

Novelty (New)

Non-obviousness (Inventive)

Usefulness (Industrial/Commercial applicability)

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Why should you consider patenting an invention?

Strong market position and competitive advantage Higher profit or returns on investment Additional income from licensing Access to technology through cross-licensing Access to new markets Positive image for your enterprise

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New means

Invention must not be,

published in India or elsewhere

disclosed; in the prior art.

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Innovative means-

A feature of an invention that involves technical advance as compared to the existing knowledge or have economic significance or both and makes the invention not obvious to person skilled in the art.

Industrial application means-

Invention is capable of being made or used in any kind of industry.

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Non-patentable Inventions

An invention which is frivolous.

Invention injurious to the health.

The mere discovery of a new form of a known substance which does not result in the enhancement.

Plants and animals in whole or any part thereof other than micro-organisms .

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Continued….

A literary, dramatic, musical or artistic work or any other aesthetic creation.

Duplication of traditional knowledge.

Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment.

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What is Patent information?

Patent information

It is a Techno-Legal Document

Approximately two-thirds of the technical information revealed

in patent documents is never published elsewhere

Approximately 40 million patents are existing worldwide

Source of technical information useful for R & D

Information about current trend of research provides legal

status-Expired or Not?

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Contents of patent application Title

Abstract

Field Of The Invention

Background Of The Invention

Summary Of The Invention

Detailed Description

Claims

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OBTAINING A PATENT

The procedure involves the following steps-

Submission of Application.

Examination of Application.

Acceptance of complete specification.

Opposition of grant of patent.

Granting and sealing of patent.

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What is “INVENTIVE-STEP”?

A feature of an invention is that

Involves technical advance as compared to the existing knowledge

or

Have economic significance or both and

Makes the invention not obvious to a person skilled in the art

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What are NOT inventions?

Anything contrary to natural laws

Contrary to law or morality and injurious to human animal or plant

life or health or to the environment

Scientific principles or abstract theories or discovery or living/non-

living substances

New form of a known substances which does not result in the

enhancement if the known efficacy of that substance-section3(d)

Mere arrangement or rearrangement of known device

Method of agriculture/horticulture

Method of treatment

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Submission of an Application-

Provisional or Complete specification. (Form no.-2)

With one of the patent offices based on territorial jurisdiction of the place of office or residence of the applicant /agent.

Pay the required fee.

Patent offices in India

Office Territorial Jurisdiction Deputy Controller

Phn.No.

The Patent Office Branch, Mumbai

The States of Maharashtra, Gujrat Madhya Pradesh and Goa, Daman & Diu & Dadar & Nagar Haveli

Dr. Ruchi Tiwari

022-24153651

The Patent Office Branch, Chennai

The States of Andhra Pradesh, Kerala Tamil

Nadu, Mysore and Pondicherry, Laccadive, Minicoy and  Aminidivi

Islands.

Shri. K. Venugopal

044-22502077

The Patent Office Branch,

New Delhi

States of Haryana, Himachal Pradesh,

Jammu & Kashmir, Punjab, Rajasthan and

Uttar Pradesh, Chandigarh and Delhi.

Dr. K.S.Kardam

011-28034319

The Patent Office Kolkata (Head

Office)

The rest of India. Shri. D.K.Rahut033-23671987

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Publication of an application-

Every patent application is published after 18 months from priority date.

Inviting objections.

Request of early publication (Form no.-09)

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Request for examination-

No application shall be examined unless the applicant or any

other interested person makes a request for examination

(Form no.-18)

Express examination.

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Examination Examiner undertakes examination-

Whether the claimed invention is not prohibited for grant of patent. Whether the invention meets the criteria of patentability.

Time Span- 48 months .

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Pre-grant opposition-

Response from the applicant-

12 months time from the date of issue of FER, is available to the applicant to meet the objections .

If objections are met, grant of patent is approved by the Controller – within a period of 1 month .

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Grant of patent-

A certificate of patent is issued within 7 days.

Grant of patent is published in the official journals.

Post-grant opposition-

Within 12 months from the date of grant of patent.

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Term of Patent-

Previously the term of patent was not the same for all kind of invention. In certain cases, it was granted for 7 years and in other cases for 14 years.

Now (from amendment in 2002 )it is provided for 20 years for all inventions from the date of filling of application for the patent.

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Penalties for patent infringement-

The specific amount which can be determine d by typically the figuring out what the infringer would have to pay if he had legally licensed the invention which is known as ‘Royalty Rate’.

Under especial circumstances the court can take this royalty amount and award triple the amount, known as “treble damages” (This is done where the infringer was found to act willfully that is knowing there was a patent in existence and infringing anyway )

Require to pay interest on the money owned as well as patent owners court cost.

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First to file

Alexander graham bell applied for patent the telephone on Feb. 14, 1876

Bell applied only few hours before another inventor Elisha Grey

Had Bell waited for one more day, Grey would today be considered as inventor of the telephone

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Fees for getting patent in India-Sr no. Particulars Natural

person fees(Rs)

Other than natural person fees(Rs)

1 Filing fees 1000/- 4000/-

2 Specification (more than 30 pages)

100/- per page 400/- per page

3 Claims( more than 10 claims)

200/- per claim

800/- per claim

4 Early Publication 2,500/- 10,000/-

5 Request for Examination

2,500/- 10,000/-

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Top 10 Indian Pharma Filling (2009-2010)

Sr. no

Name of pharmaceutical industry Applications

1 RAMBAXY LABORATOTIES LTD. 37

2 WOCKHARDT RESEARCH CENTRE 33

3 CIPLA LTD. 21

4 HETERO RESEARCH FOUNDATION 11

5 SULUR SUBRAMANIAM VANANGAMUDI 11

6 CONCEPT MEDICAL RESEARCH PVT. LTD. 10

7 RUBICON RESEARCH PVT.LTD. 8

8 STEMPEUTICS RESEACH PVT.LTD. 8

9 ENVISION SCIENTIFIC PVT. LTD. 7

10 SUNPHARMA ADVANCED RESEARCH COMPANY LTD.

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Top 10 Foreign Companies (2009-2010)

Sr. no

Name of Organizations Applications

1 QUALCOMM INCORPORATION 852

2 KONNLIJKE PHILIPS ELECTRONICS N.V 725

3 SONY CORPORATIONS 296

4 NOKIA CORPORATIONS 267

5 ROBERT BOSCH GMBH 244

6 TELEFONAKTIEBOLAGET LM ERICSSON (PUBL) 242

7 SIEMENS AKTIENGESELLSCHAFT 235

8 BASF SE 222

9 MICROSOFT CORPORATION 220

10 NOVARTIS AG 203

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ReferencesJain N.K. (2003), “Textbook of Forensic Pharmacy” Vallabh Prakashan, 6th Edition.

http:/www.epo.org/learning-events.html

http:/www.ipindia.nic.in.

http:/www.quizlaw.com

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Best one never

compete with others

He just fights with his own potential always …

Thank You All