PATENTS

COPYRIGHT

TRADEMARKS

Presented By:- Peer Ubaid Iqbal M.B.A.(PM)..Second Semester

PATENTSWhat is a patent?Patent is a grant for an invention by the government to theInventor in exchange for full disclosure of the invention to debarothers to exploit the invention for commercial success for alimited period within the geographical boundaries.

Advantages: Scientific & technological knowledge not kept secret. Publication of details stimulates other inventive minds. Rewards the inventive mind by giving the patentee a

legal monopoly to make use of his invention to his economic benefit.

Each country has its own patent laws and one must fileapplication in each country where the patent protection issought.

Patents Act, 1970 Amended in

199920022005

Laws and Regulations in India

Patents Rules,2003

Amended in 20052006

An invention must relate to a PROCESS or PRODUCT or both and satisfy the following conditions:

What is an INVENTION?

•Must not be published previously.

•Must not be in prior public knowledge or prior public use.

NOVELTY

•It must involve an inventive step not obvious to a person skilled in the art.

INVENTIVENESS/NON OBVIOUSNESS

• Must be capable of being made or used in any industry.

•Patent not granted for an invention devoid of utility.

INDUSTRIAL APPLICATION

Frivolous inventions & inventions contrary to well established natural laws.

• Machines that give more than 100% performance.

Intended use of invention is contrary to law/morality or injurious to public health.

• Gambling machine• Device for house breaking• Biological warfare material, weapons of mass destruction.

Laws of nature/Mere discovery of scientific principles/Formulation of abstract theory.

• Wind, gravity, Newton’s laws, Raman effect

Discovery of any living or non living substance occurring in nature.

• Discovery of microorganisms.• Discovery of natural gas or a mineral.

What CAN’T be patented?

What CAN’T be patented?

Substance obtained by mere admixture (Only aggregation of properties)

• Combiflam [Paracetamol (Antipyretic) + Brufen (analgesic)]• However, synergistic formulations are patentable.

Mere arrangement or rearrangement of known devices .

• A clock and radio in single cabinet.

Mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus, unless such known process results in a new product or employs at least one new reactant.

• New use of Asprin for heart ailments• Mere new uses of Neem.

Inventions relating to atomic energy

Stages : From Filing To Grant Of PatentFile an application for patent

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.Information concerning application form and details of fee available at www.ipindia.nic.in

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

Revocation/Amendment

POST GRANTOPPOSITION

PROMPTLY AFTER 18 MONTHS

WITHIN 48 MONTHS

ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS

IF P.S. IS FILED C.S. TO BE FILED WITHIN 12MONTHS

WITHIN 12 MONTHS

FILING OF APPLICATION(Provisional / Complete Specification)

Decision of Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board

Patent Specifications

There are two types of patent documents usually known as PATENT SPECIFICATIONS:

Provisional Specification Complete Specification

Usually filed to establish priority of invention. When invention is at conceptual stage and delay is expected in submitting full description. Has to be followed by complete specification. Improvements effected during course of development of details of the invention can be incorporated in the complete specification. The inventor can test commercial possibilities, can abandon the application if not found to be commercially viable.

Has to be filed within 12 months from date of filing of provisional specification. CS should satisfy the following conditions:

1.Full description of invention, its operationor use & the method by which it is to beperformed.2. Disclose the best method of performingthe invention for which the applicant isentitled to claim protection.3. End with a claim or claims defining thescope of the invention for which protection is Claimed.

Publication

Application is kept secret for a

period of 18 months from the

date of filing

In 19th month, the application is published in the official journal–

this is made available on the website weekly

Applicant has an option to get his

application published before

18 months.

In that case, application is

published within one month of

the request

Request For Examination

•Application is examined on request.

•Request for examination can be made either by the applicant or by a third party.

• A period of 48 months, from the date of filing, is available for making request for examination.

Examination

Application is sent to an examiner within 1 month from the date of

request for examination

Examiner undertakes

examination with respect to :

Whether the claimed invention is not prohibited for grant of patent

Whether the invention meets the criteria of patentability

Issue Of FER & Applicant’s response•A

period of 1 to 3 months is available to examiner to submit the report to the Controller

•1 month’s time available to Controller to vet the examiner’s report

•First Examination Report (FER) containing gist of the objections is issued within 6 months from the date of filing of request

•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

Pre - & Post - Grant Opposition

Patent Dispute Resolution Platforms

Grant of Patent In India

Revocation Of Patent

Patent Term

Once approved, a certificate of patent is issued within 7 days.Grant of patent is published in the official journal.

Any patent which is granted will be valid for a maximum term of 20 years from the date of filing or priority, whichever is earlier. However, to keep the patent active for the said 20 years, the patent should be renewed every year.

Revocation of patent is cancellation of the patent grant.Once the patent is granted by the controller, if any person desires to cancel the patent then he has to file a revocation petition before the High Court.The grounds for such a petition have been mentions under Section 64 of Patents Act

Renewal Fee

To be paid within 3+6 months from date of recording in the register [sec 142 (4) ]. No fee for 1st and 2nd year.

Renewal fee, on yearly basis, is required to be paid for 3rd to 20th for keeping the patent in force. Delay upto six months from due date permissible on payment of fee for extension of time .

Patent lapses and becomes public property if renewal fee is not paid within the prescribed period. Thereafter, it cannot be re-patented as novelty of invention is lost.

InfringementAn infringement may occur where

the accused infringer has

made, used, sold, offered to sell, or

imported a patented

invention without the consent of the

owner.

A patent is infringed even if it infringes a single

independent claim in a patent.

TYPES OF

INFRINGEMENT

INDIRECT

DIRECTTo make, use, or sell

the patented invention without

permission from the patentee.

To actively encourage another to make, use, or sell a patented invention

without permission.

CONTRIBUTORY

INDUCED

Knowingly sell or supply a part or

component of the patentedinvention to another.

Act of actively inducinganother to infringe a

patent.

Is It Possible To Get a World Wide Patent?

In the current state of the international patent system, no.

There is no one patent that covers every country in the world, or even a large number of the countries of the world. The patent system is still a territorial system; in order to be protected in a particular country, you have to be granted a patent in that country.

However, there is an international agreement administered by WIPO called the Patent Cooperation Treaty (PCT), for the filing, searching, publication and examination of international applications. The PCT makes it easier to obtain patents in the Contracting States by providing for the filing of one international application, which may be subsequently prosecuted in the different designated national or regional Offices of States party to the PCT. However, even under the PCT, the granting of patents is left to those designated Offices.

COPYRIGHT

Copyright may be applied to Literature –

• Fiction and non-fiction, books and journals Artistic works Music Broadcasts Internet content

It gives the author or artist control over the use and publication of their material.

It confers both economic and moral rights.

Cannot Copyright

Titles, names, short phrases, and slogans; familiar symbols or designs; mere listings of ingredients or

contents

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices

Standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from

public documents

Copyright Criteria• ORIGINAL WORK IN TANGIBLE MANNER.

• NOTHING TO DO WITH QUALITY.

• AUTHORS UNIQUE EXPRESSION.

• NO COPYRIGHT OF IDEA ONLY EXPRESSION.

Fair UseFair use is one of the exceptions in copyright which allows use of copyrighted materials without obtaining permission as long as the use can be considered fair. There is a four-factor analysis which must be applied to each use to determine whether the use is fair.

•Addresses the character and purpose of the use of the work.

First Factor: Purpose and Character

•Looks at the creativity of the work. Creative works have more protection than factual ones.

Second Factor: Nature of Work

•Looks at the amount of the work that is being used

Third Factor: Amount

•Takes into account how the intended use would impact the market for the work.

Fourth Factor: Market Effect

InfringementCopyright infringement (or copyright violation) is the unauthorized or prohibited use of works covered by Copyrights Act, 1957 (Amended in 1999)

Three elements that must be in place in order for the infringement to occur.

1.The copyright holder must have a valid copyright.

2.The person who is allegedly infringing must have access to the copyrighted work.

3.The duplication of the copyrighted work must be outside the exceptions.

TRADEMARKS

A trademark is a type of intellectual property.

Typically a name, phrase word, logo, symbol, design, image and a combination of

these elements that distinguish & identify good

from others.

Laws and Regulations in India

TRADE MARKS ACT1999

TRADE MARKS RULES2000

Symbols For Trademark

BEFOREREGISTRATION

AFTERREGISTRATION

Procedure For Registration

Examples Of Trademarks

THANK YOU!