18 intellectual property rights

7/30/2019 18 Intellectual Property Rights

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Connecting Industry & Science

PATENTS


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INTELLECTUAL PROPERTY RIGHTS

Intellect is an umbrella term used to describe a

property of the mind that encompasses manyrelated abilities, such as the capacities to reason,

to plan, to solve problems, to think abstractly, to

comprehend ideas, to use language, and to learn.

Intellectual Property refers to creation of mind i.e.

inventions, industrial designs for article, literary &

artistic work, symbols etc. used in commerce.

Under intellectual property law, owners aregranted certain exclusive rights to a variety of

intangible assets, such as musical, literary, and

artistic works; ideas, discoveries and inventions;


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IPR: At a Glance

Patent Trademark Copyright

Geographical Indication Trade SecretIndustrial Design


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PATENTS

Patent is an exclusive right granted to a person

who has invented a new and useful article oran improvement of an existing article or a new

process of making an article.

After the expiry of the term the patent, itbecomes public property when anybody can

use the patented invention.

The owner of the Patent can sell or license this

property.

Extent of patent is territorial in nature.

A Patent is not granted for an idea or principle

as such.


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Objective of patent Law

Encourages research and invention.

It induces an inventor to disclose his discoveriesinstead of keeping them as a trade secret.

If offers a reward for the expenses of developing

inventions to the stage at which they are

commercially practicable.

If provides an inducement to invest capital in

new lines of production which might not appear

profitable. Technical companies need to innovate

continuously, for which they need to constantly

invest and be involved in R & D. This Research


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PATENTABLE INVENTIONA new product or process, involving an inventive step

and capable of being made or used in an industry. It

means the invention to be patentable should betechnical in nature and should meet the following

criteria

1. Novelty : The matter disclosed in the specification is

not published in India or elsewhere before the dateof filing of the patent application in India.

2. Inventive Step: The invention is not obvious to aperson skilled in the art in the light of the prior

publication/knowledge/ document.

3. Industrially applicable: Invention should possessutility, so that it can be made or used in an industry.


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PATENTSAdvantages of Patent to inventor Pioneer advantage.

Chances of keeping the formula are meagre. If other people start manufacturing the article by

independent discovery, the original inventor has noeffective legal remedy.

Danger of a competitor taking out a patent for the article

suing the secret user for infringement. Monetary rewards.A competitor is also forced to design around the patent.A Patent specification does not disclose all the details of

manufacture.

There is an obligation cast on the patentee to work theinvention on a commercial scale either by himself or throughlicensees.

If in spite of compulsory license being granted the invention


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INVENTIONS NOT PATENTABLE1. An invention which is frivolous or which claims

anything obvious contrary to well established natural

laws.2. An invention the primary or intended use of which

would be contrary to law or morality or which causesserious prejudice to human, animal or plant life or

health or to the environment.3. The mere discovery of a scientific principle or the

formulation of an abstract theory or discovery of anyliving thing or non living substance occurring in nature.

4. The mere discovery of any new property of new usefor a known substance or of the mere use of a knownprocess, machine or apparatus unless such knownprocess results in a new product or employs at leastone new reactant.

5. A substance obtained by a mere admixture resulting


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INVENTIONS NOT PATENTABLE6.The mere arrangement or rearrangement or duplication

of known devices each functioning independently of one

another in a known way.7.A method of agriculture or horticulture.

8.Any process for the medicinal, surgical, curative,

prophylactic or other treatment of human beings or any

process for a similar treatment of animals or plants to

render them free of disease or to increase their

economic value or that of their products.

9.Plants and animals other than microorganisms in wholeor any part thereof including seeds varieties and

species and essentially biological processes for

production or propagation of plants and animals.

10.A literary, dramatic, musical, or artistic work or anyother aesthetic creation whatsoever includin


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INVENTIONS NOT PATENTABLE11. A mathematical or business method or a computer

program per se or algorithms.

12. A mere scheme or rule or method of performing amental act or method of playing a game.

13. Presentation of information

14. Topography of integrated circuits.

15. An invention which, in effect, is a traditionalknowledge or which is an aggregation or duplication of

known properties of traditionally known component or

components.

16. Inventions relating to atomic energy.


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WHO MAY APPLYAn actual application for a patent may be made by the

actual inventor or an assignee or by the legal

representative of either.A mere financial partner, a firm or a corporation

cannot be the sole applicant claiming to be the

inventor.

In the absence of the special contract, the invention ofa servant even though made in the employers time

and with the employers material, and at the expense

of the employer does not become the property of the

employer. Inventions made by employee specifically employed

for R&D in general belong to the employer.

An application for a patent will not be open to public

for a period of 18 months from the date of filing.


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PATENTSThere are 3 main types of Patent: Utility Patent,Design Patent and Plant Patent.

Utility patentsProtect inventions that involve machines,processes and biological or chemical compositionsof matter.

Design patentsCover the aesthetic or ornamental design ofarticles of manufacture.

Plant patentsGrant rights to anyone who has discovered (orcreated) a new plant by means of asexualreproduction.


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TYPES OF PATENT APPLICATION1. Ordinary Application

The first application for patent filed in the Patent Office

without claiming priority from any application or without anyreference to any other application under process in thePatent office is called an ordinary application.

2. Convention applicationWhen an applicant files a patent application, claiming a

priority date based on the same or substantially similarapplication filed in one or more of the convention countries,it is called a convention application. To get a conventionstatus, an applicant should file the application before any ofthe patent offices within 12 months from the date of first

application in the convention country.3. PCT- International Application

The Patent Cooperation Treaty or PCT is an internationalagreement for filing patent applications. The PCTapplication does not provide for the grant of an international

patent, it simply provides a streamlined process for theatent a lication rocess in man countries at the same


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TYPES OF PATENT APPLICATION

4. National Phase Application under PCT

The PCT-national phase must follow the internationalphase. The applicant must individually 'enter into thenational phase'. i.e. file a National phase application ineach county he wishes to enter. The applicant can enterthe national phase in up to 138 countries within 30-31months (depends on the laws of the designated countries)from the international filing date or priority date (whicheveris earlier).

5. Patent of AdditionPatent of addition is an application made for a patent inrespect of any improvement or modification of an inventiondescribed or disclosed in the complete specificationalready applied for or has a patent. The major benefit is theexemption of renewal fee so long as the main patent isrenewed. A patent of addition lapses with the cessation ofthe main patent

6. Divisional ApplicationA divisional a lication is one which has been "divided"

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