IPR AND PATENT Presenter

Mr Sunish sudhir JagtapGuide Dr L .Sathiyanarayanan

BVDU 11/7/2015

INTELLECTUAL PROPERTY RIGHTS

Property desingnates to those things which are commonly recognised as being the possessions of an individual or group….

In easy language we can say that any object (house,car,other investements) which belongs to youmeans owned by a person and only belongs to him only….. BVDU 21/7/2015

Property

Tangible(physic

al)

land,house,building

Intangible

i.E cannot be felt physically

Ex .intellectual property.

Copright on a book/article,logo

ready\design.jpg representening a

company /and its products1/7/2015 BVDU 3

CONCEPTRights given to the people over the creation of their minds …They usually give the creator an exclusive right over the use of his her creations for a certain period of time…

x

z

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Now again IPR is classified in two parts….

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IPR

Industrial property Copyright

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INDUSTRIAL PROPERTY-An industrial property having direct relation to industries is called industrial property….

Patents and invention

trademarks

Industrial designs

Geographical indications

COPYRIGHT

Relates to artistic creations

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poemsNovels,cinematographicwork

Music,painting

A closely associated field is related rights/rights related to copyright .

PERFORMERS PRODUCERS OF BROADCASTING ORGANIZATION

(ACTORS) PHONOGRAMES(DISC) IN RADIO AND

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BENEFICIARIES

DURATION OF INTELLECTUAL PROPERTY

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MAIN FIELDS OF APPLICATION OF IPR

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PATENT…….

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WHAT IS PATENT???????Patent is a grant for invention by government to the inventor in exange for full disclosure of the

Invention.

It is also defined as “Exclusive right granted by law to applicants /assignees to make use of inventions for a limited period of time (20 years from filling).

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WHAT CAN BE PATENTED???Any invention which can be a product or process that provides a new way of doing

Something or offers a new technical solution to something.

What cannot be patented…

Any inventions falling within section 20(1) of the atomic energy act .1962…

(1) As from the commencement of this Act, no patents shall be granted for inventions which in the opinion of the Central Government are useful for or relate to the production, control, use or disposal of atomic energy or the prospecting, mining, extraction, production, physical and chemical treatment, fabrication, enrichment, canning or use of any prescribed substance or radioactive substance or the ensuring of safety in atomic energy operations.

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‘INVENTION’ UNDER PATENT LAWSec 2(1) of the patent act ,1970 invention means a new product for process involving an inventive

Step and capable of industrial application and capable of industrial application.

Patentable invention-

It should meet the following requirement

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criteria

novelty

Inventive step

Industrial applicability

novelty :

the mater disclosed in the specification is not published in indiaor elsewere before the date of filling of the patent application.

Inventive step

The invention is not obvious to a person skilled in the art in the light of the prior publication /knowledge /document .

Industrial applicability:invention should possess utility ,so that it canbe made or used

in an industry.

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Types of patent application…

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Patent

application

Ordinary

application

Devisional

application

International

application

Convention

application

1)Ordinary application- general application given for the patent

2)Patent of addition-: Granted for improvement of modification of the already patented invention.for an unexpired term of the main patent.

3)Divisional application:Incase of plurality of inventions disclosed in main application.

4)Convention application:

Claiming priority date on the basis of filling in convention countries.

5)International application :

Filling in all designated countries.

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WHO CAN APPLY FOR PATENT?

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ALONE

JOINTLY WITH ASSIGNEE/LEGAL REPRESENTATIVE OF ANY DECEASED INVENTOR OR HIS ASSIGNEE

ESSENTIAL DOCUMENTS WITH PATENT APPLICATION-A)PROVISIONAL SPECIFICATION:filed when the invention delay is expected in submitting full and specific description of invention

It is followed by complete specification,complete specification is submitted within 12 months of filing provisional specification.

B)COMPLETE SPECIFICATION:

Title of invention,

Field of invention,

Background of invention with regard to the drawback associated with known art.

Objective of invention

Statement of invention

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Summary of invention

Brief discussion of the invention

Detailed description of invention with examples /drawing

Claims

Abstract

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Grant of patent:

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Examiner determines the procedural validity and compliance

Controller makes allotement of the application to the examiner

Application is filed with one of the patent offices

First examination report in 18-24 months

Prior art search covering publicatioin india and abroad

Examination of patent application

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Section 24 allows for opposition of any member of public

If requirements are complied with ,the claims of patent are published in gazette of the patent office..takes

6 months

Objection/adverse report if any of the examiner is to be communicated to the applicant for compliance

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Controller shall seal the patent with seal of patent office and date of sealing

After accepting the complete specification the patent is granted to the applicant

If the applicant overcomes the oppositions and the examiner accepts the submitted complete specification by

advertisimg in official gazzet

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Any person intended can oppose the grant of patent within 6 months from the date of publication in official journal

Why he is opposing?If patent wrongfully obtained Invention is obvious to person skilledClaims do not relate to an invention,Best made is not disclosed

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Patent infringement:infringement occurs when:Manufacturer ,sale, or import of a patented invention,without permission from patent owner

Penalties:

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Compulsory licenses- allow govt to license third parties (other than patent holder)to produce and market a patented product or process or process without the consent of patent owners.Any time after 3 years from date of sealing of a patent ,application for compulsory license can be made.

Compulsory licenses are granted because:

Reasonable requirments of public have not been sastisfied…..

Patented invention is not availaible to the public at affordable price

Or patented invention is not worked in india.

Section 92A of patents act ,1970 provides for compulsory licensing of patents relating to manufacture of pharmaceutical products for export.

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CASE STUDY :INDIA: THE ‘TARCEVA’ PATENT CASE

Last Updated: 21 November 2012

Article by Kamakhya Srivastava

Roche vs. Cipla marks the end of the first phase of a key battle between big pharma and the Indian generic industry. The infringement action brought by Roche against Cipla and Cipla's counterclaim for Roche's patent invalidity was both dismissed.

Roche was granted Indian Patent No. IN '774 in February 2007, under which per Claim 1, they had patent rights over the Erlotinib Hydrochloride (EH) molecule (which has demonstrated breakthrough capabilities as an Epidermal Growth Factor Receptor (EGFR) inhibitor which spiked survival benefit in non-small cell lung cancer (NSLC) patients). Based on media reports declaring Cipla's intention to launch a generic version of Roche's drug in January 2008, Roche moved the Delhi High Court seeking to injunct Cipla from marketing Erlocip. Cipla counterclaimed, arguing that Roche's patent was invalid.1/7/2015 BVDU 32

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The judgment deals with two key issues:[1] Whether the manufacture of Erlocipinfringes Roche's IN '774 patent and[2] Whether Roche's IN '774 patent ought to be revoked as being invalid.

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1. The manufacture, marketing and sale of Cipla's generic version of the Roche's patented product do not infringe Roche's Indian Patent 196774.2. Roche's Indian Patent 196774 is valid against the grounds raised by Cipla in its written statement and counter-claim.3. A permanent injunction is denied to Roche.4. The counter-claim proves that Roche's subsequent US Patent 6900221 is directed at the compound of claim No.1 of the suit patent is a mixture of the two, Polymorph A and B Compound and need to be separated to perform and get the claimed compound for acceptable efficacy.

CIPLA WON THE LANDMARK “ROCHE” VS CIPLA LITIGATION

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Indian Generic manufacturer Cipla has won the landmark Roche v. Cipla Patent Infringement case in the Delhi High Court over Cipla’s Generic version of Anti-cancer Drug Erlotinib. The case is the first Patent Litigation in India post India’s 2005 Product Patent Regime which included public interest and pricing issues in addition to India’s Section 3d that prevents evergreening. The case was followed by Pharma Giants worldwide. Justice Manmohan Singh has passed the judgement in favour of Cipla stating that Cipla did not infringe Roche’s Indian patent IN 196774. According to the Judge, it was scientifically proven that Cipla’s Generic Drug is the Polymorphic Form B which is not Roche’s patented Drug.

THE LEGAL PROTECTION OF NEW CREATIONS IS NECESSARY BECAUSE IT ENCOURAGES INNOVATION.THE PROMOTION AND PROTECTION OF IP GIVES ECONOMIC GROWTH ,CREATES NEW JOBES AND INDUSTRIES,AND ENHANCES THE QUALITY AND ENJOYEMENT OF LIFE….THATS IT

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REFERNCES….

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1) www.caa.in/Image/34_hb_on_IPR.pdf - Adukia Rajkukumar S., Handbook of Intellectual Property Rights in India.2) Dr. Kuchekar B. S., Khadtare A. M., Itkar Sachin C., ‘Forensic Pharmacy’, Eighth edition, Nirali Prakashan, Pg. no. 16.1-16.20.3) Subbaram N. R., “What Everyone Should Know About Patents”, Second edition, Pg no. 1-16, 17-45, 77-84.4) ipindia.nic.in5) www.patentoffice.nic.in6) ipr.icegate.gov.in

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