Intellectual property act

Course: BBA I

Subject : Introduction to Business Organization

Unit: 5

Intellectual property Rights

• Intellectual Property (IP) is defined as any"original creative work manifested in atangible form that can be legally protected“

Legislations covering IPRs in IndiaPatents- Patent’s Act 1970Design- The Design Act 1999Trademarks- Trademark Act 1999Copy rights- Copy Right Act 1957

IPR

Patents

Geographical Indications

Trademarks

Works of Art

Literature

Music

Broadcasting

Dramatics Works

Sound Recording

Computer Programs Industrial Design

Classification of IPR

Intellectual Property

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• The first act was enacted in 1856 by Great Britain.• Was constituted with revised version in 1970.• Objective is to encourage, protect and maintain a

continuous flow of inventions.• Inventions means a new product or process involving

an inventive step and capable of industrial application.• An invention is not property unless it has been

patented.• The patent must be in form of invention & not

discovery• One invention only one patent.• Patent shall have effect throughout the India.

Patent Act ,1970

Who can apply for Patent?

An Application by any of following persons,

1. By any person claiming to be true and first inventor of the invention.

2. By any person claiming the assignee of the person claiming true and first inventor.

3. By legal representative of any deceased person who immediately before his death entitled to make such an application.

STAGES - FILING TO GRANT OF PATENT

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

Revocation/Amendment

OPPOSITION

• PROMPTLY AFTER 18 MONTHS

• WITHIN 48 MONTHS FROM F.D.

• ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

• WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL. / COMPLETE

Decision of

Controller

EXAMINATION-ISSUE FER

Appeal

Appellate Board

Rights of Patentees

• Patent is a product, the exclusive right prevent third parties from the act of making, using,selling or importing that product in INDIA.

• Patent is process, the exclusive right prevent third parties from the act of using, offering for sale, selling or importing for those purpose the product directly obtained by that process in India.

Term of Patent

• Every patent granted and the term of every patent which has not expired and has not ceased to have effect shall be 20 years from the date of filing application.

• On cessation of patent due to non payment ofrenewal fees or on expiry of the term ofpatent , shall not be entitled to anyprotection.

Opposition

• Pre-Grant Opposition– A representation for pre-grant opposition can be

filed by any person within 6 months from the date of the publication of the application or before the grant of the patent.

• Post-Grant Opposition – Any interested person can file post-grant

opposition within twelve months from the date of publication of the grant of patent in the official journal of the patent office.

Revocation of Patents

• Invention earlier claimed

• Patentee not entitled to apply

• Patent wrongfully obtained

• Subject claim not an invention

• Claims not new

• Invention is obvious and not new

• Invention not useful.

• Invention not fairly and sufficiently described

Contd.• Claim not clearly defined

• False suggestion

• Claims not patentable

• Failure to disclose information

• Contravened secrecy

• Amendment obtained by fraud

• Wrong mentions

• Patent has expired

• Requirement is not satisfied.

Infringement

• When rights of the patentees are infringed by anyone

• Burden of proof lies on defendant (infringer), however the patentee shall first prove that product or process is identical to patented product or process

Reliefs in case of infringement

Suit needs to be filled with District or high court.

Within 3 yrs

By patentee or assignee of patent

• Relief which court may grant in any suit for infringement of a patent include,

1. An injunction (prohibition)

2. Damages

3. An account of profits

References

1. Fundamentals of Business Organization and

Management by Y.K.Bhushan- Sultan Chandpublications

2. Principles & Practices Of Management by L M Prasad – Himalaya Publishing House

Thank You!!