This document provides an introduction to intellectual property rights. It discusses different forms of IP including patents, trademarks, copyrights and trade secrets. It provides details on what constitutes patents, trademarks and copyrights, including how they can be obtained and key features. The document also discusses the lifecycle of patents, including the process of patentability assessment, drafting and filing a patent application, publication, grant and maintenance. It notes some examples of companies that have successfully monetized their patent portfolios through acquisition and litigation. Finally, the presentation emphasizes the importance of IP for startups in terms of protection, revenue generation and ease of fundraising.

1. INTRODUCTION TO
INTELLECTUAL PROPERTY RIGHTS
Presented by – Dilip Kumar

2. IPR – Classic ‘Real Estate’ Analogy
Ideate Protect Manage Monetize

3. Different forms of IP – An Introduction
“All
crea(ons
resul(ng
from
human
endeavors
in
various
fields
of
art,
literature,
science
and
technology
cons(tute
Intellectual
Property.”
Plant Breeder
Patents
Rights
Trademarks
Semiconductor
Chipset
Designs
Intellectual Property
Copyright
Trade
Secrets
Industrial Designs
Geographical
Indications

4. Patent , Trademarks & Copyrights
- Key features
Patent
q Protection of ideas that
comprise innovative and
Trademark
qualifying features q Plays an important role in
the popularity and
q Protection for 20 years success of a brand Copyright
q Protection from reverse q Provides rights to exclude q Protects any literary or
engineering others from using the artistic work from illegal
q High cost of protection trademark duplication.
q Benefits of protection only q Assures the consistent q Protects only non-functional
after the grant of a patent quality of goods authorship
(but starts from the date q Helps in advertising and q Does not protect ideas,
of filing) promoting products methodologies or processes
q Is easy to obtain
q Can be obtained for all
software
q Protection for 70 years after
the death of the creator

5. Patents Patent

6. Trademarks

7. Trademarks – An Introduction
What is a trademark?
A trademark is a sign that individualizes the goods of a given enterprise and distinguishes them from
the goods of its competitors.“
Why trademarks?
Provides rights to exclude others from using the trademark
q Others cannot use the trademark for their products/services
q Product/service distinction is maintained
q Brand equity is not diluted
Why trademarks?
The trademark should be distinctive.
q The trademark should adequately distinguish the product from other products.
q The trademark should not be a generic name of a product/service.
q The trademark should not be deceptive.
q The trademark should not potentially mislead people about the characteristics of a product/service.

8. Trademarks – How can we get them ?
How does one obtain trademark protection?
Trademark protection can be obtained through
q Registration
q Long-term association (offered in some countries when the trademark has acquired sufficient
distinctiveness and a reputation in the marketplace)
First – to – file VS First – to – use
q First-to-file
→ A trademark is granted to the entity who files the trademark application first
→ Example of countries: Japan, Korea, Benelux, France, Germany
q First-to-use
→ The trademark is granted to the entity who uses the trademark first
→ Example of countries: US, India

9. Patents – An Introduction
q They provide a set of exclusionary rights to the patentee for a limited period of time in exchange for public
disclosure of the invention details in a patent application.
q The exclusionary rights are an incentive to the applicant to derive economic benefit, whereas the public
disclosure encourages research and further developments relating to the patented invention.
q These exclusionary rights include:
→ The right to stop others from making, using, selling, offering for sale, and importing the invention
→ The patent owner’s right to sell, license, mortgage, assign or transfer these rights to another party

10. Patents offers purely exclusionary rights…
Consider the example of a patent granted to a company A for a device that is
embedded in a laptop computer, which reduces power consumption in the laptop.
q Does the patent permit company A to manufacture and start selling the laptop with the embedded
device?
→ Answer: No. For example, a separate patent license may be required if the laptop, or any of its
other essential components, is protected by another person’s patents.
q Does the patent permit company A to stop laptop manufacturers from using the same technology as
that claimed in the patent?
→ Answer: Yes. Company A can stop laptop manufacturers from unauthorized manufacture, use,
selling or importing of laptops that utilize the technology claimed in the patent.

11. What can be Patented ?
Patentable subject matter should be:
q Novel (should not have been disclosed/practiced before)
q Non-obvious (should include an inventive step)
q Useful (should enable industrial application)
The novelty and non-obviousness criteria is judged in light of the prior art
q The prior art of a patent application is publicly available information in any form before the filing date of
the patent application. Prior art can be of two types:
q Patent Prior Art
→ This includes all patent literature (patent applications, granted patents and expired or discarded
patents) published anywhere in the world.
→ Unpublished applications, which are not publicly available, are not considered prior art.
q Non-Patent Prior Art
→ This includes any publicly available information, including technical journals, websites, products,
conferences, etc.
→ The information may exist in freely available sources or in commercial databases.

12. What cannot be Patented ?
In general, a non-patentable subject matter includes
q Something that is frivolous
→ For example, a medicine to make a human immortal or a perpetual motion machine
q An abstract theory or mathematical formula
→ For example, the equation of relativity; Newton's laws of motion
q A thought or idea
→ For example, the idea of super-fast space travel that is faster than the speed of light
q Anything available in nature
→ For example, human genes
q Anything that goes against the laws of nature, public interest or morality
→ For example, a nuclear detonation device, a device to assist burglars

13. Types of Patent
Utility Patent
q Protects inventions by providing useful functions
q Example: A method for reducing noise in telephone calls
q Term of 20 years from earliest filing date
Plant Patent
q Protects new variety of plants (flowers, fruits, shrubs and vines ) produced asexually
q Example: A new variety of tea plant
q Term of 20 years from earliest filing date
Design Patent
q Protects ornamental designs, configurations, the improved decorative appearance or shape of an
invention
q Applicable for purely aesthetic reasons (does not protect the functioning of the underlying device)
q Example: A novel design of a watch
q In some countries, such designs are protected under a different category: Industrial Designs,
and not as patents
q Term of 14 years from the date the patent is issued
q Design Patents exist only in the US. Every where else, designs are protected under a different class –
Industrial Designs.

14. What does a Patent look like
Patent application draft Example of a Patent
q Abstract
q Background
q Summary Title: Touchpad
q Brief Description of Drawings
Handheld
Device
q Detailed Description of Invention Assignee: Apple, Inc
q Claims (what is actually protected) Patent No. 7,046,230
Drawings
Click on the
icon to view
q Environment of the invention
the patent
q System elements
q Flowcharts to depict the method steps

15. Sample Patent: Parts of a Patent Application
First Inventor
Patent No.
Title of the patent Grant Date
Inventors of the
patent
Assignee (Owner)
of the patent
Application No.
Filing date
Details of related US Non-Patent
patent applications Citations
IPC Class
Patent Examiner
US Class
Patent Attorney,
Backward Patent Agent or Firm
Citations
Abstract

16. Lifecycle of a Patent
Does
the
patent
Is
the
idea
applica/on
describe
Is
the
idea
patentable
all
the
worth
in
light
of
paten/ng?
embodiments
of
the
the
inven/on?
prior
art?
Dra=ing
Patentability Publication
Idea and
Filing
Office Grant or
Assessment of Patent Maintenance
Conception Patent
Action Rejection
(optional) Application
Applica(on
Reduc/on
to
prac/ce
20
years
date
Concep/on
Filing
Publica/on
Grant
Expiry
date
date
date
date
date
18
months
or
less

17. Why IPR for Start-ups ?
Protection
Deter Competitors from
copying your ideas
Investor Revenue
Ease of due diligence and Generation via licensing
an asset and sales

18. How to set your IP strategy?
• Where are your customers?
• Where are your competitors?
• Where do you wish to raise investment?
• What opportunities you have in international market?

19. Key Strategies for IP
• Provisional Patent Application- file to get the earliest priority date and convert
into a regular patent within 12 months
• PCT application- the patent applicant can delay filing of the patent application
to 30 months (31 months in some countries) in 137 countries, without losing
advantage relating to the priority date.
• Software Patent- Allowed only in US not in India nor Europe
• Business Method Patent- Allowed only in US
• First to invent only is US , rest of the world- First to file

20. Acquired
Bumptop
for
3D
desktop
technology
patents
acquired
for
its
patent
porColio
Earnings
Per
patent
$11.3
million
Earnings
Per
patent
$6.3
million
Earnings
Per
patent
$6.6
million
Microso=
Has
to
pay
$105.75
million
to
VSs
Virnet
X
for
patent
infringement
NTP
Inc.
vs.
•
NTP
Inc.,
sued
RIM
for
patents
on
wireless
e-­‐mail
technology
•
Blackberry
maker
(RIM)
pays
$612
million
to
seRle
the
case

21. Thank you
Email : Dilip.kumar@inolyst.com
Website : www.inolyst.com
Twitter : @inolyst