3. Patent
• A patent is a set of exclusive rights granted by a state to
an inventor or his assignee for a limited period of time in
exchange for the disclosure of an invention.
• Patents are rights over new inventions in all fields of
technology, both product and process, which satisfy the
criteria of novelty, inventiveness and industrial
application.
• The word patent originates from the Latin patere, which
means to lay open (i.e., to make available for public
inspection).
• A patent is an exclusive monopoly grant by the govt. of an
inventor over his invention for limited period of time to make
and sell.
4. Patent
• The procedure for granting patents, the requirements
placed on the patentee and the extent of the exclusive
rights vary widely between countries, according to
national laws and international agreements.
• Typically, however, a patent application must include one
or more claims defining the invention which must be new,
inventive and useful or industrially applicable.
• In many countries, certain subject areas are excluded
from patents, such as business methods and mental
acts.
• The exclusive right granted to a patentee in most
countries is the right to prevent others from making,
using, selling, or distributing the patented invention
without permission.
5. Patent
• Definition:
• Patents are applied to the inventions of new producers
and processed in scientific fields such as pharmacology,
biotechnology, electronics, machinery and climates.
• The term patent usually refers to the right granted to
anyone who invents or discovers any new and useful
process, machine, article of manufacture, or composition
of matter, or any new and useful improvement thereof.
• The rights are valid for 20 years in the country in which
patent is granted.
6. Patent
Patent may be of--
• Any article, apparatus or machinery or its
component
• Any substance whether living or non living,
product, pharmaceutical product
• Any composition of matter, pharmaceutical
products
• Any process, manner or art of manufacturing other
than essential biological process
8. Patent
Patent No. Title Main herbs
155/MUM/
2008
Herbal extract and Ayurvedic
composition for the treatment
of diabetes
Momordica
charantia
1734/KOL/
2007
A process for preparing an
Ayurvedic medicament
effective against leukaemia and
carcinoma of lung and intestine
Lime, Asafoetida,
and black jeera.
2352/DEL/
2004
An Ayurvedic composition
useful for the treatment of
migraine.
Psidium guava
and Eucalyptus
Camel dulensis
9. Why Patent an Invention?
• Source of recognition for the inventor(s)
• Incentive to develop a commercial product
• License to an existing company
• Start up a new company
• Protection against imitators
• What can be patented : Any invention which must be
-Novel: not previously known or used by others
-Non-obvious
-Capable of industrial application
-Must not be declared as non-patentable under the patent act.
-Useful: have a known use or produce a concrete and tangible
result
10. Types of Patents
Design Patent
--Ornamental
appearance of an
article of
manufacture
--Design and the
applied object are
inseparable
--Can also be
protected by a
utility patent if it
meets those
requirements
Ex. surface
ornamentation of
flatware
iPhone USD636392
(Ornamental
Plant Patent
-- Distinct & new variety
of asexually
propagated plant
-- Not by tuber
propagation, found in
an uncultivated state,
or by seeds
-- Can also be protected
by a utility patent if it
meets those
requirements
• Ex. hybrid rose
plant with a novel
color
Utility Patent
-- Most common type
granted
-- Works to produce a
useful result
Process (ex. making a
new chemical or a
new business
method)
Machine (ex. camera)
Article of Manufacture
(ex. carpet)
Composition of matter
(ex. adhesive)
• iPhone
12. Steps in Filing Patent
1. Filling an application for patent
- Application is required to be filed according to the territorial
limits where the applicant or the first mentioned applicant in
case of joint applicants, for a patent normally resides or has
domicile or has a place of business or the place from where the
invention actually originated.
- The four patent offices are located at Kolkatta, Mumbai, Delhi
& Chennai.
2. Examination
2.1 Early request for exam
- No application for patent will be examined if no request is
made by the applicant or by any other interested person in
Form-18 with prescribed fee of Rs.2,500/- or Rs.10,000/- for
natural person and other than natural person respectively,
within a period of 48 months from the date of priority of the
application or from the date of filing of the application.
13. Steps in Filing Patent
- First Examination Report (FER) stating the
objections/requirements is communicated to the applicant
according to the address for service ordinarily within six
(06) months from the date of request for examination or
date of publication whichever is later. Application or
complete specification should be amended in order to
meet the objections/requirements within a period of 12
months from the date of First Examination Report (FER)
3. Withdrawal
- The application for patent can be withdrawn at least
3(Three) months before the first publication
- The application withdrawn after the date of publication,
cannot be refilled as it is already laid open for public
inspection.
14. Steps in Filing Patent
4. Grant of patent
- The patent is granted, after 6 months from the
date of publication under section 11 A
5. Opposition
- Pre grant opposition
- Post grant opposition
6.Term and date of patent
- Term of every patent will be 20 years from the
date of filing of patent application.
- Date of patent is the date on which the
application for patent is filed.
15. Benefits of patent protection
• The research-based pharmaceutical industry relies heavily
on patent protection to sustain its development of new
medicines.
• The benefits of patent protection for pharmaceuticals,
including vaccines, have been well documented.
1. Over 90% of prescription medicines and vaccines in the
market today are the result of industry research, which
would not have been made without the incentive of market
exclusivity offered by patent protection.
2.Encourages researchers to take risks to develop new
producers and new therapies.
3. Strikes the right balance between an inventor’s legitimate
concerns about compensation, and society’s need for more
scientific developments.
16. Benefits of patent protection
4. With high levels of patent protection, it is more difficult for
manufacturers to produce substandard pharmaceuticals,
which can result in serious adverse health effects in many
countries.
5. Effective patent protection provides producers the time to
educate medical professionals about the proper use of new
medical therapy.
6. Patent protection is an indispensable element of economic
development and growth.
7. Patent protection encourages local inventors to disclose
and commercialize their inventions.
8. Patent protection improves a country and its credibility and
may lead to its requisition as a dependable supplier.
17. Benefits of patent protection
9. Patent protection for pharmaceutical products is an
essential element in the provision of more cost-effective
healthcare.
10. It will result in flexibility for the Government to ensure the
availability of drugs for national emergencies and disasters.
18. Importance of Patent information
I. To researcher/inventor in industry/ R & D
organization/university:
- To avoid duplication of research.
- To find ready solutions to technical problems in ongoing
research.
- To keep up to date with developments in technology field.
II. To industry:
- To improve existing technology.
- To increase production.
- To identify suitable technologies for adaptation.
19. Importance of Patent information
III. To business enterprises:
- To identify new products for marketing.
- To find out patent owners.
IV. Consultants and planners:
- To advice industry / R&D / financial institutions
on issues related to technology.
- To find out a new technology for Buisness.
20. Copyright
• Copyright and Related Rights are exclusive rights of
reproduction and distribution including communication
to the public extended to original literary, dramatic,
musical and artistic works and also performances and
broadcasts.
• Copyright protection means that the copyright holder of
the work retains exclusive rights to print, display,
distribute and perform the work. In addition, the holder
has exclusive rights to publish and transmit the work
on the Internet.
• The rights are for the life time of the author plus usually
50-70 years depending on national legislations.
• These rights are available without any formality.
21. Copyright
• In order to warrant copyright protection, a work
must be an original.
• A copyrighted work must be "fixed in a tangible
medium of expression." While that may sound
technical, its important to understand.
• Basically, the work must be established in some
fixed form, such as a book, map, chart, print,
dramatic work, sculpture, film, sound recording, or
computer program.
23. Trademark
• A trademark is generally a word, phrase, symbol,
or design, or a combination thereof, that identifies
and distinguishes the source of the goods of one
party from those of others.
• A service mark is the same as a trademark,
except that it identifies and distinguishes the
source of a service rather than goods.
• Eg. Chitale name, Maggi,
• Mcdonald’s- Symbol golden M
24. Trademark
• When selecting a trademark, there are two important
considerations:
(1) avoid the likelihood of confusion with other marks and
(2) select a “strong" mark in the legal sense.
• A confusion will occur when your mark is the same or
similar to another mark that indentifies related goods or
services.
• Whether or not a mark is “strong" in the legal sense
depends upon into which category the mark falls.
• The Four Types of Marks
(1) fanciful or arbitrary,
(2) suggestive,
(3) descriptive, and
(4) generic.
25. Trademark
A. Generic Marks
• Generic marks cannot be registered and offer no protection.
• Generic marks are marks that use common, everyday
terms that everybody has the right to use.
• Often, a generic mark will describe the particular class or
variety of which the good or service is a member.
• For example, attempting to use the term CAR for an
“automobile" would be generic.
• To allow someone to trademark CAR would unfairly prevent
everybody else from using that term in the sale of
automobiles.
26. Trademark
B. Descriptive Marks
• Descriptive marks use terms that merely describe the good
or service.
• This might be a mark that utilizes the color, smell, or
ingredients of a good or service.
• For example, the term SOFT as used to describe towels.
• A mark that is only descriptive cannot be registered unless
it acquires distinctiveness.
• Typically, the mark must be highly used in commerce for at
least five years before it will acquire any kind of
distinctiveness.
• Marketing professionals like to use descriptive marks
because it makes it easy for the consumer to identify the
attributes of a good or service.
27. Trademark
B. Descriptive Marks
• For example, UPS has trademarked its brown color because of
the distinctiveness it has acquired.
28. Trademark
C. Suggestive Marks
• Suggestive marks suggest the qualities or attributes of a good
or service.
• These marks differ from descriptive marks in that they do not
actually describe the product but merely suggest an attribute
that requires some thought or perception on the part of the
consumer.
• GREYHOUND for bus services is a good example.
• Suggestive marks are strong marks and the next best choice
after fanciful or arbitrary marks.
29. Trademark
D. Arbitrary or Fanciful Marks
• Fanciful or arbitrary marks are made-up words or real words that
have no relationship to the good or service supplied, respectively.
• Strongest types of marks and are afforded all protection.
• Also, because they are often made-up or arbitrary words, it is
less likely that anybody else is using them to describe your
particular good or service.
• APPLE as it relates to computer products is an arbitrary mark,
and therefore very strong, because apples have nothing to do
with computers (if APPLE was used to describe an apple
product, it would be a generic or descriptive mark and therefore
very weak).
• As you can see, the type of mark you select has a big impact on
the amount of protection it is afforded, so it is important that you
choose a strong one.
32. Difference
• Copyrights and trademarks protect distinct creations.
Generally, copyrights protect creative or intellectual works, and
trademarks apply to commercial names, phrases, and logos.
• Copyrights primarily protect the rights of people who create
literary, dramatic, musical, artistic, and certain other
intellectual works (like history tests, and software code).
• Trademarks protect the use of a company's name and its
product names, brand identity (like logos) and slogans.
In fact, the two protections are so legally distinct they are
managed by two different offices within the federal
government.
• Trademarks fall under the auspices of the U.S. Patent and
Trademark Office, while copyrights are granted by the U.S.
Copyright Office.
33. Trademark
• WHO MAY APPLY FOR TRADEMARK?
• Any person which can be individual, company, proprietor or
legal entity claiming to be owner of the trademark can apply.
• The application for trademark can be filed within few days and
you can start using “tm” symbol.
• And the time required for trademark registry to complete
formalities is 18 to 24 months.
• You may use the ® (registered symbol) next to your trademark
once your trademark is registered and registration certificate is
issued.
• Once registered a trademark is valid for 10 years from the
date of filing, which can be renewed time to time.
• The application for renewal can be filed six months before the
expiry of the validity period of the trade mark.
34. Trademark
• DOCUMENTS REQUIRED FOR TRADEMARK IN
INDIA
> Trademark or logo copy
>Applicants details like name, address and
nationality and for the company: the state of
incorporation
> Goods or services to registers
> Class iii digital signature certificate is required
> Date of first use of the trademark in India, if used
by you prior to applying
> Power of attorney to be singned by the applicant
35. Trademark
• TRADEMARK PROCEDURES
• There are few steps of trademark registration in India are as
follows :-
• I. TRADE MARK SEARCH
• The following tips are useful while selecting a trademark:
I) It should be easy to speak, spell, and remember.
II) Invented words or coined words are advisable.
III) Avoid selection of a geographical name.
IV) Avoid adopting laudatory word or words that describe
the quality of goods (such as best, perfect, super, etc).
V) It is advisable to conduct a survey to ascertain if
same/similar mark is used in market.
36. Trademark
II. FILING TRADEMARK APPLICATION IN INDIA:
• After you are sure that your chosen brand name or logo is
not listed in the trademark registry India, you can opt for
registering the same.
• The first step is to file a trademark application form at the
trademark office, India.
• Further, you can see the trademark status of your
application immediately online.
• Three completed copies of the form are submitted along
with ten additional representations of the trademark.
• In addition to details of the applicant, the application must
also indicate the class of goods/services to which it would
apply.
37. Trademark
• The following information should be mentioned in the form:
(A) The class of goods for which the mark is sought should
be specified. Classes can be textiles, food and
confectionery, machine tools, etc. Separate applications are
required for applying in different classes.
(B) Definition of goods that is sought to be registered should
be given.
(C) Details of the applicant including name, age, occupation,
address, and nationality should be given.
(D) Whether the trademark is in use or is proposed to be
used. If it is in use, then applicant must specify by whom it
is being used and for what period.
38. Trademark
III. RECEIPT AND EXAMINATION:
• Receipt of the application is acknowledged by returning a copy of
the application along with a representation of the mark. An official
number is given to the application. The date of receipt of
application can become very important in possible infringement
proceedings later.
• The office considers all documents and evidences and searches
among existing trademarks. After such searching, the registrar
can respond in the following ways:
1. Absolute acceptance
2. Acceptance subject to modifications in the mark
3. Refusal
• In case modifications have been asked for, the applicant must
comply with them within the stipulated period of three months.
39. Trademark
IV. PUBLICATION:-
• The step of publication is incorporated in the
trademark registration procedure so that anyone
who objects to the registering of the trademark has
the opportunity to oppose the same.
• If, after 4 months from publication there is no
opposition, the trademark proceeds for registration.
• In case there is opposition; there is a fair hearing
and a decision is given by the registrar.
40. Trademark
V. REGISTRATION CERTIFICATE:-
• Once the application proceeds for trademark registration, following
publication in trademark journal, a registration certificate under the
seal of the trademark office is issued. If the registrar of trade marks
is satisfied with the reason, the examination of the application is
expedited and the examination report is issued within three months
of the date of the request. If such a request is rejected after the
hearing, the fee paid is refunded.
• The courts in India have recognized the international reputation of
foreign trademarks and trade names and the significance of their
protection.
• Marks such as those of amway, whirlpool, and ferrari have received
protection through judicial decisions in India.
41. Trademark
GROUNDS FOR RECTIFICATION OF TRADEMARK
• The register of the trademarks may be rectified by the order of
the tribunal on the application of any person who is aggrieved by
any entry or omission of any entry in the register.
• The trade marks act, 1999 provides for the rectification of the
register of the trdemarks.
• The term ‘rectification’ is used in the context of rectification of an
error or defect in any entry in the register for which an order for
expunging or varinng the entry may be made. Thus, the entry
may be corrected or cancelled.
• The following grounds of rectification:
(i) The absence or omission of any entry from the register;
(ii) Any entry made without sufficient cause;
(iii) Any entry wrongfully remaining on the register;
(iv) Any error or defect in any entry in the register.
42. Geographical indications
• Geographical indications (GIs) are for goods which
have certain qualities or reputation which are
owing to their place of origin such as Basmati Rice
or Darjeeling Tea.
• The GI rights are also without any time limit.
However, unless protection is granted in the
country of origin, other countries are not required
to extend the GI protection to a good.
• There are rights on new integrated circuits of
layout designs, limited to a 10 year period.
