Introduction to Intellectual

Property Rights
 What is Intellectual Property Rights?
• Intellectual Property Rights (IPR) are rights given to any particular
person/organization for their new creations based on their minds for a
certain period of time with an exclusive right over the use of their
creation.
• In other words, IPR refers to the legal rights granted to the inventor or
manufacturer to protect their invention or manufacture product. These
legal rights confer an exclusive right on the inventor/manufacturer or its
operator who makes full use of it’s his invention/product for a limited
period of time.
• In other words, we can say that the legal rights prohibit all others from
using the Intellectual Property for commercial purposes without the prior
consent of the IP rights holder.
• IP rights include trade secrets, utility models, patents, trademarks,
geographical indications, industrial design, layout design of integrated
circuits, copyright and related rights, and new varieties of plants.
• It is very well settled that IP plays an important role in the modern
economy.
Meaning of IPR according to WIPO
• According to WIPO (World Intellectual Property Organisation) – Central
Organisation for the protection of Intellectual Property Laws and the
expert organization of the UN,
– “Intellectual Property shall include the rights relating to literary,
artistic and scientific works, inventions in all fields of human
endeavour, scientific discoveries, industrial designs, trademarks,
service marks and commercial names and designations, protection
against unfair competition, and all the other rights resulting from
intellectual activity in the industrial, scientific, literary or scientific
fields.”
 Need for IPR
• IPR is essential for better identification, planning, commercialization,
rendering, and thus the preservation of inventions or creativity.
• IPR is a strong tool, to protect the investment, time, money, and effort
invested by the inventor/creator of the IP, as it gives the inventor/creator
an exclusive right for a certain period of time for the use of its
invention/creation.
• IP protection encourages publication, distribution, and disclosure of the
creation to the public, rather than keeping it a secret and to encourage
commercial enterprises to select creative works for exploitation.
• IPR can have a direct and substantial impact on industry and business, as
the owners of IPRs one can enforce such rights and can stop the
manufacture, use, or sale of a product to the public.
• IPR affects the economic development of a country by promoting healthy
competition and encouraging industrial growth and economic growth.
 Nature of IPR
• Intangible Rights over Tangible Property: IP establish property protection
over intangible things such as ideas, inventions, signs and information. It
allows creators or owners to benefit from their works when they are used
commercially.
• Right to sue: IP is an asset that can be owned and dealt with. IP is a
property right and can, therefore, be inherited, bought, gifted, sold,
licensed, entrusted or pledged. The holder of an IPR owner has a type of
property that he can use the way he likes subject to certain conditions and
takes legal action against the person who without his consent used his
invention and can receive compensation against real property.
• Rights and Duties: IP gives rise not only to property rights but also duties.
The owner of the IP has the right to perform certain functions in relation
to his work/product. He has the exclusive right to produce the work, make
copies of the work, market work, etc. There is also a negative right to
prevent third parties from exercising their statutory rights.
• Coexistence of different rights: Different types of IPRs can co-exist in
relation to a particular function. For example, an invention may be
patented, and the invention photograph may be copyrighted. A design
can be protected under the Design Act, and the design can also be
incorporated into a trademark.
• Exhaustion of rights: Intellectual property rights are generally subject
to the doctrine of exhaustion. Exhaustion basically means that after
the first sale by the right holder or by its exhaustion authority, his right
ceases and he is not entitled to stop further movement of the goods.
Thus, once an IP rights holder has sold a physical product to which IPRs
are attached, it cannot prevent subsequent resale of that product. The
right terminates with the first consent.
• Dynamism: IPR is in the process of continuous development. As
technology is rapidly evolving in all areas of human activities, the field
of IP is also growing. As per the requirement of scientific and
technological progress, new items are being added to the scope of IPR,
and the scope of its preservation is being expanded. Bio Patents,
Software Copyrights, Plant Diversity Protection, these are few names
which reflect contemporary developments in the field of IPR.
 Why promote and protect IP?
1. Progress and the good of humanity remain in the ability to create
and invent new works in the field of technology and culture.
2. IP protection encourages publication, distribution, and disclosure
of the creation to the public, rather than keeping it a secret.
3. Promotion and protection of intellectual Property promote
economic development, generates new jobs and industries, and
improves the quality of life.
4. Intellectual Property helps in balancing between the innovator’s
interests and public interest, provide an environment where
innovation, creativity and invention can flourish and benefit all.
 Kinds of intellectual Property
• The subject of intellectual property is very broad.
• There are many different forms of rights that together make up
intellectual property.
• It mainly consisted of patents, trademarks, and designs.
• The protection extends to utility models, service marks, trade names,
passes, signs of source or origin, including geographical indications, and
the suppression of unfair competition.
 Copyright
 Copyright law deals with the protection and exploitation of the expression
of ideas in a tangible form.
 Copyright has evolved over many centuries with respect to changing ideas
about creativity and new means of communication and media.
 In the modern world, the law of copyright provides not only a legal
framework for the protection of the traditional beneficiaries of copyright,
the individual writer, composer or artist, but also the publication required
for the creation of work by major cultural industries, film; Broadcast and
recording industry; and computer and software industries.
 It resides in literary, dramatic, musical and artistic works in ”original’
cinematic films, and in sound recordings set in a concrete medium.
 To be protected as the copyright, the idea must be expressed in original
form.
 Copyright acknowledges both the economic and moral rights of the owner.
 The right to copyright is, by the principle of fair use, a privilege for others,
without the copyright owner’s permission to use copyrighted material.
 By the application of the doctrine of fair use, the law of copyright balances
private and public interests.
 Patent
 Patent law recognizes the exclusive right of a patent holder to derive
commercial benefits from his invention.
 A patent is a special right granted to the owner of an invention to the
manufacture, use, and market the invention, provided that the invention
meets certain conditions laid down in law.
 Exclusive right means that no person can manufacture, use, or market an
invention without the consent of the patent holder. This exclusive right to
patent is for a limited time only.
 To qualify for patent protection, an invention must fall within the scope of the
patentable subject and satisfy the three statutory requirements of innovation,
inventive step, and industrial application.
 As long as the patent applicant is the first to invent the claimed invention, the
novelty and necessity are by and large satisfied.
 Novelty can be inferred by prior publication or prior use.
 Mere discovery ‘can’t be considered as an invention.
 Patents are not allowed for any idea or principle.
 The purpose of patent law is to encourage scientific research, new technology,
and industrial progress.
 The economic value of patent information is that it provides technical
information to the industry that can be used for commercial purposes.
 Trademark
 A trademark is a badge of origin.
 It is a specific sign used to make the source of goods and services public in
relation to goods and services and to distinguish goods and services from
other entities.
 This establishes a link between the proprietor and the product.
 It portrays the nature and quality of a product.
 The essential function of a trademark is to indicate the origin of the goods to
which it is attached or in relation to which it is used.
 It identifies the product, guarantees quality and helps advertise the product.
 The trademark is also the objective symbol of goodwill that a business has
created.
 Any sign or any combination thereof, capable of distinguishing the goods or
services of another undertaking, is capable of creating a trademark.
 It can be a combination of a name, word, phrase, logo, symbol, design, image,
shape, colour, personal name, letter, number, figurative element and colour, as
well as any combination representing a graph.
 Trademark registration may be indefinitely renewable.
 Trade secrets
• Trade secrets can be used to protect the “know-how” of a business.
• Essentially, laws relating to trade secrets mean that some people (e.g., a
company’s employees) may have a legal duty to keep certain information
confidential.
• An invention can be protected as a trade secret or through a patent.
• Many businesses use trade secrets to protect their know-how, but there
are downsides in doing this.
• From the company’s point of view it may be risky because once
information is disclosed legitimately (e.g., if someone else works out how
an invention works), it will no longer be protected.
• And from a public interest viewpoint, trade secrets are less beneficial than
patents because they do not involve any sharing of technical information.
 Geographical Indication
 It is a name or sign used on certain products which corresponds to a geographic
location or origin of the product, the use of geographical location may act as a
certification that the product possesses certain qualities as per the traditional
method.
 Darjeeling tea and basmati rice are a common example of geographical indication.
 The relationship between objects and place becomes so well known that any
reference to that place is reminiscent of goods originating there and vice versa.
 It performs three functions. First, they identify the goods as origin of a particular
region or that region or locality; Secondly, they suggest to consumers that goods
come from a region where a given quality, reputation, or other characteristics of
the goods are essentially attributed to their geographic origin, and third, they
promote the goods of producers of a particular region.
 They suggest the consumer that the goods come from this area where a given
quality, reputation or other characteristics of goods are essentially attributable to
the geographic region.
 It is necessary that the product obtains its qualities and reputation from that place.
Since those properties depend on the geographic location of production, a specific
link exists between the products and the place of origin. Geographical Indications
are protected under the Geographical Indication of Goods (Registration and
Protection) Act, 1999.
 Industrial design/ Design rights

 It is one of the forms of IPR that protects the visual design of the object
which is not purely utilized.
 It consists of the creation of features of shape, configuration, pattern,
ornamentation or composition of lines or colours applied to any article in
two or three-dimensional form or combination of one or more features.
 Design protection deals with the outer appearance of an article, including
decoration, lines, colours, shape, texture and materials.
 It may consist of three-dimensional features such as colours, shapes and
shape of an article or two-dimensional features such as shapes or surface
textures or other combinations.
 Innovation and IP
 Innovation means doing something new that improves a product, process or
service.
 Many innovations can be protected through IP rights.

Inventions and patents

 Inventions are the bedrock of innovation. An invention is a new solution to a
technical problem and can be protected through patents.
 The criteria that need to be satisfied to obtain a patent are set out in national IP
laws and may differ from one country to another.
 But generally, to obtain a patent an inventor needs to demonstrate that their
technology is NEW (NOVEL), USEFUL AND NOT OBVIOUS to
someone working in the related field.
 To do this, they are required to describe how their technology works and what it
can do.
 A patent can last up to 20 years, but the patent holder usually has to pay certain
fees periodically throughout that 20-year period for the patent to remain valid.
 In practice, this means that if a technology has limited commercial value, the
patent holder may decide to abandon the patent, at which point the technology
falls into the public domain and may be freely used.
 Patent information
 In addition to recognizing and rewarding inventors for their commercially
successful technologies, patents also tell the world about inventions.
 In order to gain patent protection for their invention, the inventor must provide a
detailed explanation of how it works.
 In fact, every time a patent is granted, the amount of technological
information that is freely available to the general public expands.
 WIPO is making this and other IP-related information freely available to the public
through its global databases.
 The largest of these – it is also one of the largest in the world – is PATENTSCOPE. It
contains over 50 million patent applications that can be searched free of charge.
The aim in making this information widely available is to spark new ideas and
promote more innovation, and also to help narrow the knowledge gap which exists
in developing and least developed countries.
 PCT – The International Patent System
 WIPO’s Patent Cooperation Treaty (PCT) is designed to make the process of
obtaining patent protection in up to 152 different countries easier and less costly.
 Within a year of filing for patent protection in their own country, inventors can set
in motion the process of obtaining patent protection in each of the markets in
which they wish to sell their technology by filing a single international
application via the PCT.
 This offers many potential advantages:
– Any rights granted using the PCT flow from the initial filing date of the national patent
application.
– Users benefit from a common set of rules and regulations which have been agreed upon
and are followed by all 152 members of the Treaty. This means there is a high level of
legal certainty and no nasty surprises.
– The full cost of obtaining patents in multiple countries – which can be quite high –
are deferred by up to 18 months. This means that applicants have an opportunity to test
the market or to attract new business partners.
– Users of the PCT automatically benefit from an assessment which gives informal (non-
binding) feedback on the patentability of their technology. This can be very helpful in
shaping a company’s patenting strategy.
 How patents encourage innovation in
technological development and deployment?
 Patents can play a prominent role in the entire technology life cycle, from
initial RD&D to market introduction (demonstration to diffusion), and
allow competitive technologies to be protected and licensed to third
parties to expand financial opportunities (Figure 1).
 How patents can support inventors and
improve lives?
1. Patents recognize and reward inventors for their commercially-successful inventions. As such they serve
as an incentive for inventors to invent. With a patent, an inventor or small business knows there is a good
chance that they will get a return on the time, effort and money they invested in developing a technology.
In sum, it means they can earn a living from their work.
2. When a new technology comes onto the market, society as a whole stands to benefit – both directly,
because it may enable us to do something that was previously not possible, and indirectly in terms of the
economic opportunities (business development and employment) that can flow from it.
3. The revenues generated from commercially successful patent-protected technologies make it possible
to finance further technological research and development (R&D), thereby improving the chances of even
better technology becoming available in the future.
4. A patent effectively turns an inventor’s know-how into a commercially tradeable asset, opening up
opportunities for business growth and job creation through licensing and joint ventures, for example.
5. Holding a patent also makes a small business more attractive to investors who play a key role in enabling
the commercialization of a technology.
6. The technical information and business intelligence generated by the patenting process can spark new
ideas and promote new inventions from which we can all benefit and which may, in turn, qualify for
patent protection.
7. Patent information can be mapped, offering policy makers useful insights about where technology R&D is
taking place and by whom. This information can be useful in shaping policy and regulatory environment
that allows innovation to thrive.
8. A patent can help stop unscrupulous third parties from free riding on the efforts of the inventor.
 Patent process, overall steps and procedures –
In general
The patent process for obtaining a patent protection involves:
1) A patentability opinion
2) Preparation and filing of the patent application
3) Prosecution of the patent application
4) Issuance, abandonment or appeal of the patent application and
5) Maintenance fees
STEP 1: PATENTABILITY OPINION
• The first step of the patent process is the patentability opinion which
includes a search of the prior art.
• During the search, we develop an opinion as to whether the patent office
is like to grant a patent on the invention.
• You don’t have to go out and search for prior art references that might
invalidate your patent.
• However, you do have to disclose relevant information that you know of to
the patent office.
• In other words, there is no duty to search for prior art but there is a duty
to disclose relevant information to the patent office.
STEP 2: PREPARATION AND FILING OF A PATENT APPLICATION
• In the second step of the patent process, we write your patent application.
• Upon your approval, we file the patent application with the Patent Office.
• The preparation and filing of the patent application involves preparation
of a document that describes your invention.
• This document must be able to allow another person to make and use
your invention.
• The patent application is not a check the box type of application.
 While filing patent application, below things has to be considered:

A. Understand the overall patent process before filing a patent application

• You need to know the following:
 How much money you should allocate for patent legal fees?
 How long it would take to get a patent?
 What are the risks and downsides to getting a patent?
 So much more…

B. Secure the right type of patent

• Securing one type of patent among the existing types that are detailed below:
1. Utility patents: Utility patents protect functional features. If the invention helps make
something faster, easier, better, etc., then a utility patent is appropriate.
2. Design patents: Design patents protect ornamental features. If the invention is valuable
because it looks great, then a design patent is appropriate.
3. Plant patents: Plant patents protect a new variety of plant. If you need a plant patent, seek
the advice of a patent attorney that focuses on plant patents.
• Don’t base your decision on cost.
C. Conduct a novelty search
• Conduct a novelty search to find out if the idea already exists.
• If it already exists, you won’t be able to get a patent.

D. Prepare patent application

• The patent application consists of:
 Forms
 Fee
 A written description (i.e., text and drawings) of how to make and use the invention.
• Forms can be found at government website.
 For a provisional patent application, forms include a cover sheet.
 For a non-provisional patent application, forms include a Declaration and an Application Data
Sheet.
• Use the Patent Office website to file a patent on your own or retain a patent
attorney to assist you.
• The sections of the written description include:
– Title of the Invention
– Related Applications
– Background of the Invention
– Brief Summary
– Brief description of the drawings
– Detailed Description
– Claims
– Abstract
STEP 3: PATENT PROSECUTION
• Prosecution of a patent application refers to the correspondence between
the patent attorney representing the inventor and the Patent Office.
• Correspondence includes documents such as a written response to an
Office Action from the Patent Office.
• This response is an argument trying to convince the examiner that your
invention is worthy of a patent.
• The Office Action is the official stance of the Patent Office whether they
will grant you a patent or not.
STEP 4: ISSUANCE, APPEAL OR ABANDONMENT
• If the patent applicant is successful in the prosecution stage of the patent
process, then the patent application will issue as a patent.
• If the patent applicant is unsuccessful in the prosecution stage then the
patent applicant may abandon the patent application or appeal the
decision of the examiner to an independent board for review as to
whether the examiner is correct.
STEP 5: MAINTENANCE FEES
• If you are successful in obtaining a patent, then there are maintenance
fees 3 ½, 7 ½ and 11 ½ years that are due after issuance of your patent.
 Points to remember on IP
1. IP protection is territorial
2. IP laws and procedures are not identical world-wide
3. There are regional and international protection systems
4. There are deadlines for applying for IP protection abroad
5. Early disclosure of your product without protection is risky
6. Only inventions that are novel, non-obvious and useful are patentable
7. Inventions against national laws, mere discovery of a scientific principle or the
formulation of an abstract theory, mere form of a known substance, a substance
obtained by a mere admixture of any two existing ones, the mere arrangement or
re-arrangement or duplication of known devices each functioning independently
of one another in a known way, a method of agriculture or horticulture, any
process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or
other treatment of human beings or any process for a similar treatment of animals
to render them free of disease or to increase their economic value or that of their
products, plants and animals in whole or any part thereof other than micro-
organisms, a mathematical or business method or a computer program per se or
algorithms, etc. are not patentable
 Who can apply for a Patent in India?

• In India, the Patents Act is the central legislation dealing with the filling
and regulation of existing and new patents in India.
• The Patent Act suggests that either the inventor, his assignee or his legal
representative (in the case where the inventor is deceased) can apply for
patents at the head office of the Indian Patent Office.
• However, the application can also be filed in the branches of the office,
depending upon the jurisdiction where the person applying for the patent
resides or has a domicile or has the principal office.
• In case the applicant is not a citizen of India (i.e., a foreign applicant), the
applicant should be filing the application for patent in whose jurisdiction
the address for service or patent’s attorney is situated.
 Different Types of Registration of Patent:
Complete & Provisional
Provisional Application
• It is a transitory application which is usually filed then the innovation is not
completely finished but is still in the stage of experimentation, though there has to
be clarity on the idea.
• After filing the provisional application, the applicant does get a time of 12 months
to complete the application.
• In these 12 months, the applicant is to conclude the innovation and to assess its
marketability potential and the advantages attached.
• Once a provisional application is filled and accepted, then the applicant can put
the tag of “patent pending” on the product desired to be patented.
• Also, in order to secure one’s rights over the product so sought to be patented, it is
necessary that the provisional application is made definitely and precisely.
• However, the nature of the provisional application is temporary in nature and has
to be accompanied by a detailed application within 12 months.
Original Application:
• An original application is one which doesn’t require a prior claim of temporary application.
Once the product is complete in its form and structure, then the original application is filled
with all the requirements at once.

Requirements for filing an Ordinary Patent Application which needs to submit in order to file a
patent
1) Details of the Applicants including their Name, Address and Nationality
2) Details of the Inventors including Name, Address, and Nationality of the inventor(s).
3) Complete Specification [or provisional specification if Provisional Application needs to be filled.
4) Details relating to the patentable product including Description, Claims, Abstract & Drawings,
if any.
5) Details pertaining to corresponding foreign applications, including application number, date of
filing and current status.

Stepwise Procedure:
• After having identified and clearly laying down the idea in definite and precise terms, the
next step pertains to patent-check.
• It essentially relates to the fact one needs to search whether such a product patent exists
previously in the country.
• It can only be possible to patent the product when such a product doesn’t already exist and
thus a patent search is important.
Filing Patent Application