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

3
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 Integrated
Right Industrial
Circuits
Design Copyright

Geographical
Indication
Trademark
Trade
Secret

6
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 Today
 New inventions were  Inventor share the
kept close secrets knowledge behind
with in family or the invention in order
organization. to get patent.
 No proper  Patent provided
documentation. exclusive right to
 Handed over others inventer.
orally.  After expiration of
patent, invention is in
 Society at loss. public domain for free
exploitation and
 Sometime secrets further development.
Balance bet
were lost.
n
rights of inventor and utility of invention
8
 Inventor’s perspective

Creation New NO

Secret/ Secret
Yes
Public

Patent
Public /publish

Publish

Patent
 Inventor’s perspective

- Patent +

Disclosure Exclusive Rights

Long Wait Debar others

Cost of patenting
Cost of renewal
-/+ Commercial exploitation
License it

Policing
 Inventor’s perspective

Publish
- +
No commercial benefit Immediate Recognition

Camouflage No Cost involved

Preempt Others to get patent
-+ rights
12
AWARDED BY USPTO(united state
patent & trademark office)

TYPES OF PATENT

PATENT DESIGN

UTILITY PATENT

PLANT PATENT

13
 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

14
FEATURES OF DESIGN
PATENT
It protects ornamental ,

 Design
 Improved decorative apperance

 Shape of the invention

 Configuration

15
DESIGN OF COKE BOTTLE

 FOR IT’S BOTTLE

DESIGN

16
17
BICYCLE HELMET

 Patented
for it’
design

18
Patented for it’s design
and filed in USPTO-
Athlete’s shoe

19
US PATENTED EAR RINGS IN
1980 FOR IT’S DESIGN

20
 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

21
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
22
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.

23
DOVE SOAP-PATENTED FOR IT’S
CLEANISING PROPERTY

 It’s having
sodium cocyl
isothionate,ste
aric
acid,coconut
oil,sodium
tallowate as
active
ingredients 24
PATENED FOR IT’S
ANTIDANDROFF ACTIVITY

 ZPTO as a
main active
ingredient,it
reduces
epidermal
turnover and
inhibits
pityosporum
ovale

25
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
26
 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
27
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'.
28
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 29
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 red-
colored flowers that
are fully double and 30
positioned above
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

31
 TO know about already
patented
invention…………
To know the fee structure
of various type of patent
and other details………

http://www.uspto.gov

32
 Type of Patents in
Pharma
 Medicinal Prodrugs
Compounds Isomers
 Medical uses Salts
 Dosing regimens Process and
 Combinations intermediates
 Formulations - Assays and other
delivery systems research tools
 Metabolites Diagnostic methods

 Polymorphs

33
 Trademark Container
Design

API Compound
& Synthesis
Patent
Combo w/RTV Protection
Patent
Protection

Formulation
Method of Patent Protection
Treatment
Patent Protection

Solvated API
Patent Protection
34
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
 Typical Filing Process
Start date
for patent term Publication at 1.5 years

National and
Priority International PCT Regional
National Phase Approvals
Document Filing via PCT

Examination up to issuance
0 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

36
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
37
 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 38
 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 39
Types of specification
Both are permanent and independent document
Complete Provisional
 Generally done after  A more detailed
the provisional document
specification  States nature of
 Prepared with greater invention and process
details and more involved in the
accuracy invention
 It is submitted with in  Helps to establish the
12 months of date of identity of inventor
application and register the
 After that it can be earliest authorship of
filled up to 15 months invention at the
provided patent office 42
 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

43
 PARTS OF COMPLETE SPECIFICATION
 Title- to the specification and concise but
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 44
 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 45
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 46
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
47
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 48
 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- it’s a WTO statement
clarifies the scope of TRIPS and to
interpret in light of goal “to promote
access to medicines for all” 49
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
52
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.
53
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
54
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 55
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
56
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
57
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.
58
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 59
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 60
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
61
 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
 The Marrakech protocol to GATT 1994
62
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 .

63
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
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
• 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

 DOCUMENTS REQUIRED
 EXAMINATION & PUBLICATION
 OPPOSITIONS
 GRANT/ SEALING OF PATENT
 TERM OF PATENT
 SALIENTFEATURES OF THE INDIAN
PATENT ACT 1970
74