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INTELLECTUALPROPERTY
RIGHTS
DR. AMIT BHATTResearch Scholar
P.G. Deptt. Of Ras Shastra & Bhaishajya KalpanaRajiv Gandhi Govt. P.G. Ayurvedic College,
Paprola, Distt.- Kangra (H.P.)E-mail ID: [email protected]
What is “Intellectual Property”?
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, symbols, names, images and designs used in commerce.
Intellectual Property is a property that arises from the human intellect. It is a product of human creation.
What is covered?
SYMBOLDESIGN
W.I.P.O.
World Intellectual Property Organization was established by the WIPO Convention in 1967.
The WIPO is a specialized agency of the United Nations.
It promote the protection of Intellectual Property throughout the world.
Its headquarter is in Geneva, Switzerland.
World Intellectual Property Day April 26
Types of IPR
IPR
Laws dealing IPR in India
Functional & Technical Inventions
Purely Artistic works
Symbol, logo, word, sound, color, design
Patents Act, 1970
Amended in 1999 &
2005
Copyright Act, 1957
Amended in1982,1984, 1992,
1994 & 1999
TrademarkAct, 1999
Amended in 1994, 1996 &
2000
PATENT
A patent describes an invention for which the inventor claims the exclusive right.
INVENTION IS PATENABLE IF.....New (novel) UsefulNot obvious
Pertains to patentable subject matter
Validity of Patent
Term of the patent is 20 years from the date of filling for all types of inventions.
Priority date- first to file.
The date of patent is the date of filing the
application for patent.
The term of the patent is counted from this date.
Validity of Patent
Patent rights are essentially territorial in nature. There is nothing like a global patent or a world patent.
Granting a patent in one country of the Union does not force other countries to grant the patent for the same invention.
Getting a patent
STEP- I Provisional Patent Application (PPA)
STEP- II Regular Application (RPA)
STEP- III Keep a careful record of your invention.
STEP- IV Make sure your invention qualities for patient protection.
STEP- V Assess the commercial potential of your invention.
STEP- VI Do a through patent search to give detail information about patent search
Filing a patent application
ONLINE MODE:
https://www.ipindiaonline.gov.in/on_line/
OFFLINE MODE:
In Indian Patent Offices located at Delhi, Mumbai, Kolkata and Chennai.
Office Address Territorial Jurisdiction
Delhi Intellectual Property Office, Intellectual Property Office Building, Plot No. 32, Sector 14, Dwarka, New Delhi-110075, Ph.: 011-28034304, 28034305 E-mail: [email protected]
Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and Chandigarh.
Mumbai Intellectual Property Office, Boudhik Sampada Bhawan, S. M. Road, Antop Hill, Mumbail - 400 037. Ph.: 24137701, 24141026, 24150381, E-mail: [email protected]
Maharashtra, Gujarat, Madhya Pradesh, Goa and Chhattisgarh, Daman and Diu & Dadra and Nagar Haveli.
Chennai Intellectual Property Office. Intellectual Property Office Building, GST Road, Guindy, Chennai -600032. Ph: 044-22502081-84.E-mail: [email protected]
Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Pondicherry and Lakshadweep
Kolkata Intellectual Property Office, Intellectual Property Office Building, Sector-V, Salt Lake, Kolkata-700091, Ph.: 23671945, 1946, 1987. E-mail: kolkata-patent@nic. in
The rest of India.
Different patent applications
FORM- 1: Application for Grant of Patent FORM- 2: Provisional / Complete Specification FORM- 3: Statement and Undertaking under
Section 8 FORM- 5: Declaration as to Inventor ship FORM- 9: Request for Publication (optional) FORM- 10: Request for Examination of
Application for Patent
Patent Certificate
Top Patent Holders
The top 10 patents holders across the world are IT companies.
In India, only pharmaceutical and bio-tech companies are in top 10 list.
184 patents are held by the Council of Scientific and Industrial Research, followed by Ranbaxy Ltd.
Kia Silverbrook is an Australian inventor, scientist, and serial entrepreneur. He has 9,874 patents or patentapplications registered at the international patent document database (INPADOC) up to 2014.
Top Patent Holder
Youngest Patent Holder
A Jaipur based wheel chair-bound 9 years old boy named Hridayeshwar Singh Bhati has got the patent of design of a game of six-player circular chess.
