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Overview of IPR

Patent & Trademark

GROUP-1 Presented By:-

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What is intellectual property right?

Is a term referring to a number of distinct types

of creations of the mind for which property rights

are recognizedand the corresponding fields of

law.

Owners are granted certain exclusive rights.

Types of intellectual property

include copyrights, trademarks, patents, industrial design rights and trade secrets in some

jurisdictions.

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Intellectual Property Rights

PATENT For every individual improved mechanism

DESIGN For outer shape & Contour / Configuration

TRADE MARK Brand name or Logo for goods denoted as

Copy right For Instruction / manual booklet denoted as

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Protection Of Intellectual Property In India(Patents, Designs, Trade Marks & Copyrights)

Sr.JOINT

CONTROLLER

OF PATENTSAND DESIGNS

JOINT

REGISTAR OFTRADEMARKS

MINISTRY OF COMMERCE

AND INDUSTRYMINISTRY OF HUMAN RESOURSE

DEVELOPMENT

DEPT. OF INDUSTRIALPOLICY & PROMOTION DEPT. OF EDUCATION

CONTROLLER GENERAL OF

PATENTS, DESIGNS & TRADE MARKS

PATENT

OFFICE

TRADE MARKS

REGISTRY

COPYRIGHT OFFICE

REGISTAR OF

COPYRIGHT

GIR

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Legislative MeasuresLegislative Measures

The Patents Act, 1970

Product Patent

Patent Term of 20 years

Public Health Safeguards

Protection to TK

The Trade Marks Act, 1999

Service Marks and Collective Marks

Term increased from 7 years to 10years

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What is a Patent?

Provision in Title 35 of the United States Code

Must be a new and useful machine, item ofmanufacture or composition

Must be non-obvious, and reproducible by oneskilled in the art

Patent grants the right to exclude others frommaking, using or selling an invention for a period of

time Three types ofpatents: utility, design, and plant

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Objectives OfPatent

Encourages inventions Protection

Utilization

Promotion of technological innovation

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TYPES OF PATENT

UTILITY PATENT

What we think of as a patent

Protect how the itemWORKS

Legal language defines the actual parameters of theprotection

Length of protection is 20 years from date of file,provided maintenance fees are paid

Applications are published 18 months after filing(American Inventors Protection Act AIPA)

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Potential Utility Patents:

Chemical compositions: toothpaste

Articles of manufacture: tennis ball Machines: drill

Processes:Data storage array method andsystem

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Design & Plant Patents

Design patents protect how the itemLOOKS

Less expensive to obtain, protect for 14years

Plant patents protect a variety of plantsuch as roses, begonias, etc.

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What cannot be patented?

An idea: inventions must be reducible to

practice

Laws of nature/naturally occurring articles

Business forms and other printed matter

(not associated with some hardware)

Scientific principles in abstract (withouthardware)

Musical & artistic work

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Advantages Of A Patent To

TheP

ublic KNOWLEDGE OF INVENTION ADDS TOSCIENTIFIC BACKGROUND FORMING

BASE FOR FURTHER RESEACH

REASONABLE ASSURANCE FORCOMMERCIALIZATION

PATENT- OPEN TO PUBLIC FOR USE AFTER ITS TERM EXPIRESOR

WHEN IT CEASES TO BE IN FORCE

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Patent Grant ProcedurePatent Grant Procedure

Filing of patent application

Publication after 18 months

Pre Grant Opposition /

Representation by any person.

Request for examination

Examination: Grant or Refusal

Publication of Grant of patent

Post Grant Opposition to grant of patent

(Constitution of Opposition Board)

Early Publication

Decision By Controller

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Patent Applications Examined

0

2000

4000

6000

8000

10000

12000

14000

16000

1999-2000 2002-03 2003-04 2004-05

2824

953810709

14813

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Trademark Definition

A trademark is a

designation used by a

person to identify anddistinguish his or her

goodsfrom those

manufactured or sold by

others to indicate thesource of the goods,

even if that source is

unknown.

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Types of Trademark

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The Principal Functions Of Trademark

1. To distinguish goods and identify their source

2. To assure consistent quality of goods

3. To advertise and promote products

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CDP

LAYER

Industrial design

protection for 3Dshape

Brand name-

registered under

trademark

Music played on the

CD player is

protected by

copyright

Various

technical parts

& mechanismsare subject

mater of

protection

under Patents

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WTO(GATT/TRIPS) And Patent

The Patent Act has been amended to bring thisinto effect from January 1, 2005.

GATT required that the distinction between

product and process patents be done. It required that a product patent be allowed on

all new products.

Farmers in India can use new variety of seed-

part of TRIPS. patent right for all inventions has been raised to

20 years

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WTO(GATT/TRIPS) And

Trademark

The new Act was put into effect from

September, 2003.

The new law has been enforced with thecommitments made by India as a

signatory to the TRIPS agreement under

the GATT

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Difference between Trademark and

Patent

TRADEMARK

Names, Symbol or

Images that gives co.right to use it.

It is form of advertising

&marketing for any co.

who want to sell their

product.

PATENT

The right to deny people

to use or sell or recreateones inventions.

Govt. obliges people who

have patent rights tomake their inventions

public.

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Difference between trademark and

patent

TRADEMARK

People gain money

through marketingmade by trademark.

PATENT

An inventor can sell

its invention & gain

money.

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Conclusion

PATENT In general ... Patents protect the

invention and how it works.

Patents are available on the Internet, butare not as easy to search as it appears.

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TRADEMARK

There are four strands to the Act.

It was formulated 100 yrs back, under the

common law.

Several aspects of 'passing off' .

It recognizes emergent business practices. It gives significant protection to foreign

trademarks.

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IPOsIPOs BEFORE AND AFTERBEFORE AND AFTER

.Seeing is believing !.Seeing is believing !

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FACADEBefore

Now

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Before

OLD

LIBRARY

Now

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STORAGE SPACE

BeforeNow

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WORKING AREA

Before Now

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CASH SECTION

Before Now

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MULTI-PURPOSE AREA

Before Now

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MODERNISED WAITING AREA

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