Intellectual Property Rights

Presented by: venkata kumar sahu M.Pharm(Ceutics) Anna University Tirchirappalli.

Intellectual Property
Intellectual Property is a property that arises from the human intellect. It is a product of human creation.
Intellectual Property is the creation of the

human intellectual process and is therefore the product of the human intellect or mind.

Why to Protect Intellectual Property?

When secure & protected

Human Intellect

Wealth
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Why to Protect Intellectual Property??

Protect investment in time, money or other

resources used to create new contribution to technology, commerce and entertainment. Fosters economic growth Provides incentives for technological innovation, and

Why to Protect Intellectual Property?

Attracts investment that will create new jobs and

opportunities.
Governments encourage Creators to disclose

their creations to the public in order to promote the progress of science and useful arts which are the engines of development - investors demand this guarantee

Intellectual Property Rights are a Collection of Rights Patent Right

Integrated Circuits
Copyright Geographical Indication

Industrial Design

Trademark

Trade Secret
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How to Protect Intellectual Property?

Invention by a patent or as trade secret. Utility models by a certificate or secret. Industrial Design by a certificate. Trade and Service Mark by a certificate. Copyright by reducing to a fixed form.

How does a patent system work?

Earlier New inventions were kept close secrets with in family or organization. No proper documentation. Handed over others orally.
Society at loss.

Sometime secrets were

lost.

Today Inventor share the knowledge behind the invention in order to get patent. Patent provided exclusive right to inventer. After expiration of patent, invention is in public domain for free exploitation and further development.
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Balance betn rights of inventor and utility of invention

Inventors perspective

Creation

New

NO

Secret/ Yes Public

Secret

Public

Patent /publish Publish

Patent

Inventors perspective

Disclosure Long Wait Cost of patenting

Patent

+ Exclusive Rights Debar others

Cost of renewal
Policing

-/+

Commercial exploitation License it

Inventors perspective

No commercial benefit Camouflage

Publish

+
Immediate Recognition No Cost involved

-+

Preempt Others to get patent rights

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AWARDED BY USPTO(united state patent & trademark office)

TYPES OF PATENT

PATENT DESIGN

UTILITY PATENT

PLANT PATENT
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1.DESIGN PATENT
May be granted to anyone who invents a new,original ornamental design for an article of manufacture
It protects only the apperance of the article

but not the structural or funtional features

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FEATURES OF DESIGN PATENT

It protects ornamental ,
Design Improved decorative apperance Shape of the invention Configuration

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DESIGN OF COKE BOTTLE

FOR ITS BOTTLE

DESIGN

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BICYCLE HELMET

Patented

for it design

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Patented for its design and filed in USPTOAthletes shoe

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US PATENTED EAR RINGS IN 1980 FOR ITS DESIGN

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 Life period:14 YEAR Fee : $2000-$2500 No need for maintanence fee Limitation:

only protect the design of the invention not the idea of invention Merit: *easy to get *less cost than utility patent
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2.UTILITY PATENT
New inventions or functional improvements can get utility patent

It may be a, product machine a process composition of matter Called also as non provisional patent
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Example
Novel Silicone fatty esters:

OH group of silicone+esters of fatty acid or anhydride Use: as s good soonthing and lubricating agent in cloths & fibers Patented on August 4 1994 for it s funtional activity.

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DOVE SOAP-PATENTED FOR ITS CLEANISING PROPERTY

Its having sodium

cocyl isothionate,stearic acid,coconut oil,sodium tallowate as active ingredients

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PATENED FOR ITS ANTIDANDROFF ACTIVITY

ZPTO as a main

active ingredient,it reduces epidermal turnover and inhibits pityosporum ovale

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Features of utility patent

It provides the right to prevent others from making,using,selling&importing a product
Life period:20 years

Fee structure: $3000- $5000

Maintanance fee should be paid at the

intervals of 31/2.71/2,111/2 yrs to USPTO

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PLANT PATENT
Anyone who has invented or discoveredand

asexually reproduced any distinct, new variety of plant including cultivated sports,mutants,hybrids,newly found seedlings other than tuber propagated plant can get this patent
Life period:17 yrs
Fee structure:&2000
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EXAMPLE-DIDI SALMON TWO

side perspective view

of a flowering plant of 'Didi Salmon Two'.

close-up view of typical

flowers and leaves of 'Didi Salmon Two'.

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DESCRIPTION
Not observed in all possible envirnmental conditions Observed in california Variation in temperature.light intensity,genotype

changes the phenotype of the plant For commercial purpose: * fibre class covered green house used during late spring day at 27 degree.c&light level about 2000f.c * rooted young plants were planted in containers for upto 5 months
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Didi salmon Two

A new and distinct

cultivar of Double Impatiens plant named Didi Salmon Two, characterized by its compact, upright, outwardly spreading and mounded plant habit; freely branching growth habit; dark green-colored leaves; freely flowering habit; and light redcolored flowers that are fully double and positioned above and beyond the foliage.
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HOW WE CAN PROTECT OUR PATENT IN OTHER COUNTRIES?

Should file international patent appilication under the patent co-opearation treaty(PCT)
Delays expense of filing in other countries

Allowing feasibility of the patent in other country

Life period:21/2

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TO know about already patented invention

To know the fee structure of

various type of patent and other details

http://www.uspto.gov
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Type of Patents in Pharma

Medicinal

Compounds Medical uses Dosing regimens Combinations Formulations delivery systems Metabolites Polymorphs

Prodrugs Isomers Salts Process

and intermediates Assays and other research tools Diagnostic methods

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Trademark

Container Design

Combo w/RTV Patent Protection

API Compound & Synthesis Patent Protection

Method of Treatment Patent Protection

Formulation Patent Protection

Solvated API Patent Protection

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PATENTING PRROCEDURE
DOCUMENT REQUIRED FOR PATENTING
Application form in triplicate Provisional or complete specification in triplicate Drawings in triplicate (if necessary) Abstract of invention in triplicate

Information and undertaking listing the number ,filing date, current status of each foreign patent application in duplicate
Priority document if necessary Declaration of inventor ship Power of atony if done through any agent

Fee in form of case, cheque , or by demand draft

Typical Filing Process

Start date for patent term
Publication at 1.5 years

Priority Document

International Filing via PCT

PCT National Phase Examination up to issuance

National and Regional Approvals

1y

2.5 y

+/- 6 to 10 y

Country List 1

Country List 2

Country List 3

Expires 20 years after PCT filing Subject to paying annuities

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STEPS IN PATENTING
Application for patenting
Application form(7) Specification(9) Priority date Publication of application

Examination
Request for examination (11B) Final examination(12)

Opposition to grant Grant and sealing

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Application form
One application form is intended for one invention prescribed Must be filled in the patent office The proof of right to make the application must be submitted(In case where an application is made as assignment) International application under PCT(patent cooperation treaty) can also consider as an application if a corresponding application if filled before the controller of India

Every application should say The possession of which invention Owner claiming the first invention Site of claim-where applicable or not

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 The application must contain a declaration

that the applicant believe that the person so named is the true and first inventor Contain a provisional or complete specification SPECIFICATIONS Contain the detailed preceding and disclosure about invention Determines the patentability of the invention Has the technical aspect and scientific explanation of the invention It is a legal document as it contain the rights of patentee and the content specification are susceptible to the interpretation of law

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Types of specification Both are permanent and independent document

Complete
Generally done after the

Provisional
A more detailed document States nature of invention

provisional specification Prepared with greater details and more accuracy It is submitted with in 12 months of date of application After that it can be filled up to 15 months provided
Request to controller Payment of fees prescribed

and process involved in the invention Helps to establish the identity of inventor and register the earliest authorship of invention at the patent office
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 If two applications are made in the same

name may considered as one if one is modification of other and the applicant must submit one complete specification with respect to all such provisional specifications If application for patent is not applied in conventional one with complete specification it is treated as a provisional specification before acceptance

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 Title- to the specification and concise but

PARTS OF COMPLETE SPECIFICATION

illustrative it self Opening descriptions-provide preamble to the invention Prior art reference- previous knowledge of present invention(not in India) Objective of invention- purpose of invention and utility aspects Statement of invention-it gives the additional
claim written at below and provide supportive

statement Claims-defines the monopoly rights and state what the invention want to protect in a lucid manner

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 Detailed description- illustrative explanation with all

pro and cons of invention and must be sufficient enough to enable national skilled persons to put it into practice PRIORITY DATE It is the date that claim the invention is date of filling the application PUBLICATION OF APPLICATION(IIA) Published in the 18 month after application The publication is notified in the official gazette date of application , number of application, name and address of applicant and abstract
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Examination Procedure
Examination by the National or Regional Patent Offices
Done in two steps ie request for examination and final

examination

Former is done with in 48 months from date of filling and essentially requires a request from applicant Second one checks Documents are as per requirement or not For any lawful ground of objection Contain results of search for previous publication or claim

Make report with in 18 months from the date of

reference

Examination types-

Formal examination Substantive examination Novelty Inventive Industrial Applicable

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OPPOSITIO TO GRANT PATENTING

Person interested to oppose may notice with in 4 months

of advertisement of acceptance Opposition is based on section 25 GROUNDS OF OPPOSITION

Obtaining wrong fully Prior publication Prior public use or prior public knowledge Obviousness or lack of innovative step Non patentable invention Insufficient description of invention Failure to describe the information related to foreign inventions If conventional application is not made with in specified time
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GRANT AND SEALING

Granted if
Complete specification accepted Time specified to oppose is expired Opposed but finally decided in favor of applicant

Sealing requires request with in 6 month from

the date of advertisement of acceptance of complete specification Else remained pending before the controller or appellate board request is made within prescribed period of final decision on proceedings
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TRIPS(Trade related aspects of intellectual property rights)

International agreement administered by WTO, sets minimum standards for intellectual property. Negotiated at the end of Uruguay ground of GATT in 1994 TRIPS is the most important multilateral instrument for the globalization of intellectual property laws.

DOHA declaration- its a WTO statement clarifies the scope of TRIPS and to interpret in light of goal to promote access to medicines for all

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TRADE RELATED INTELLECTUAL PROPERTY RIGHTS(TRIPS)

TRIPS has 7 parts and 73 Articles Part1(Art1-8)General Provisions and basic principles Part II standards concerning the availability, scope and use of IPR (Art 9-40) Part III Enforcement (Art 41-61) Part IV Acquisition and maintenance of IPR and inter parties procedures (Art 62)

Trips Cond.
Part V Dispute prevention and settlement (Art 63 and 64)
Part VI Transitional arrangements (Art 65-67)

Part VII Institutional arrangements (Art 68-73)

OBJECTIVES OF TRIPS
Protection and the enforcement of all intellectual property rights
Promotion of technological innovation

Mutual advantage of producers and user of technological knowledge

Conductive to social and economic welfare,

to a balance of rights and obligations

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MEMBERS REQURIES
provide strong protection for IPR

Distortions reduce and impediments to international trade and ensure that measures and procedures to enforce IPR, do not

themselves become barriers to legitimate trade Recognizing the need for multilateral frame work of principles, rules and disciplines dealing with international trade in counterfeit goods.
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NATURE AND SCOPE OF OBLIGATIONS

Members shall give effect to the provision of

this agreement and to determine appropriate method of implementing the provisions of this agreement within their own legal system and practice In respect of the relevant IPR those natural or legal persons that would meet the criteria for eligibility protection provided in Paris Convention(1967) Berne Convention (1971), Rome Convention and Treaty on intellectual property
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INTELECTUAL PROPERTY CONVENTION

Paris Convention(1967) Berne Convention (1971), Rome Convention and Treaty on intellectual property in respect of integrated circuits

MOST FAVOURED NATION TREATMENT Deriving from international agreements on judicial assistance or law enforcement of general nature and not confined to the protection of intellectual property The entry in to force of WTO agreement are notified to the council for TRIPS and do not constitute an arbitrary or unjustifiable discrimination against nations of other members
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NATIONAL TREATMENT In respect of performers produces of phonograms and broadcasting organizations applies in respect of rights provided under this agreement
MULTILATERAL AGGREMENT ON ACQUISITON OR MAINTAINANCE OF PROTECTION The obligations provided in multilateral agreements concluded under auspices of WIIPO relate in to acquisition or maintenance of IPR
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PRINCIPLES OF IPR
In formulating and amending their laws and

regulations adopt measures necessary to protect public health and nutrition Appropriate measures with the provision of this agreement needed to prevent the abuse of intellectual property rights by right holders The resort to practices which unreasonably restrained trade or adversely affect the international transfer of technology
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POST TRIPS EXPANSIONISM

Creation of anti-circumvention laws to protect right management systems, achieved by WIPO treaty. The wording of trips 27 is non-discrimination used to justify an extension of patent system
Restrict the possibility of compulsory licenses

for patent in recent bilateral trade agreements.

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BENEFITS OF TRIPS
The product patent will provide Indian

companies, opportunities to compete against MNC Encourage innovation and bring efficiencies of global standard Liberalization and changes in patent regimes, triggered most towards efficiency As per WTO & TRIPS Agreement ,on expiry of patent term the drugs will open to generic manufacture to produce in market
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TRIPS AGREEMENT FOR PHARMACEUTICALS

A twenty year patent form
No discrimination between locally produced

and imported products Compulsory licensing of patented technology is strictly limited and cannot be used as a target to a particular industry Patent rights must be extended to all fields of technology with out discrimination
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GATT-General agreement on tariff & trade GATT consist of

Provision in GATT annexed to the final act adopted at

the conclusion of the second session of preparatory committee of UN conference in trade and employment The provision of legal instruments entered in to force under GATT 1947 before the date of entry of WTO agreement Protocol and certifications relating to tariff concessions Protocols of accession concerning provisional application and withdrawal Decisions on waivers granted under article XXV of GATT 1947

Other decision of contracting parties to GATT

1947

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 THE UNDERSTANDING SET FORTH BELOW ARE;

understanding the interpretation of article-2 in to 1B

GATT 1994 Understanding the interpretation of article XVII of GATT 1994 Understanding on balance of payment provisions of GATT 1994 Understanding the interpretation of article XXIV of GATT 1994 Understanding in respect of waivers of obligation under GATT 1994 Understanding the interpretation of article XXVIII of GATT 1994
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The Marrakech protocol to GATT 1994

OBJECTIVES Creating credible & reliable system of international trade rules Ensuring fair & equitable treatment of all participants. Stimulating economic activity through guar rented policy bindings Promoting trade & development through to progressive liberalisation .

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Patent
Patent Is a grant of a monopoly right by an Authority to an inventor/ assignee to use, sell, distribute, license his invention his invention

for a limited term in return of complete disclosure that shall be available for public use after the expiry of the term.
A patent provides protection for the invention to the owner of the patent for a limited period, generally 20 years.

HISTORY
The Patent Law of 1856 The Patent and Designs Act, 1911.

The Patents Act, 1970

AMMENDMENTS
I Amendment-1999
Mailbox provision Exclusive Marketing Rights (EMRs)

II amendment-2002
Scope of patentable inventions Grant of new rights Extension of the term of protection Provision for reversal of burden of proof conditions for compulsory license

III and Final Amendment-2005

Introduction of product patents in the area of chemicals, pharmaceuticals, agricultural chemicals and food.

Preliminary

INVENTIONS NOT PATENTABLE APPLICATIONS FOR PATENTS EXAMINATION OF APPLICATIONS EXCLUSIVE MARKETING RIGHTS OPPOSITION TO GRANT OF PATENT ANTICIPATION PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
PATENTS OF ADDITION GRANT AND SEALING OF PATENTS AND RIGHTS CONFERRED THEREBY

AMENDMENT OF APPLICATIONS AND SPECIFICATIONS RESTORATION OF LAPSED PATENTS

REGISTER OF PATENTS SURRENDER AND REVOCATION OF PATENTS

POWERS OF CONTROLLER GENERALLY

APPEALS USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT
INTERNATIONAL ARRANGEMENTS PENALTIES

WHO CAN APPLY

Application may be made, either alone or jointly

with another, by the inventor, assignee, legal representative of deceased inventor or assignee.
The inventor is entitled to be mentioned in the

patent if he applies to do so.

Application may be made jointly by two or more corporations as assignees.

PATENTABLE INVENTIONS
An invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; or

substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention.

WHAT IS NOT PATENTABLE

An invention that is frivolous or that claims anything

obviously contrary to well-established natural laws

An invention the primary or intended use of which would be

contrary to law or morality or injurious to public health

The A method or process of testing applicable during the

process of manufacture mere discovery of a scientific principle or the formulation of an abstract theory

The mere arrangement or rearrangement or duplication of

known devices A method of agriculture or horticulture

Inventions relating to atomic energy.

 DOCUMENTS REQUIRED
EXAMINATION & PUBLICATION OPPOSITIONS GRANT/ SEALING OF PATENT TERM OF PATENT SALIENTFEATURES OF THE INDIAN

PATENT ACT 1970

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