INTELLECTUAL

PROPERTY RIGHTS
 What is IPR?
 IPR is a government protection to the
first inventor for the solely
manufacturer for a limited period,
prohibiting others unless licensed by
the patent holder.
 Patent
 Is a grant for,

 An invention by government to the

inventor in exchange of full
disclosure of the invention.
 Prerequisites for patent
 It must be new,

 Should have industrial applicability,

and

 Non – obvious.
 What can be patented?
 Invention concerned with
 Construction, composition or
manufacture of
 A substance,
 An apparatus or
 An industrial process.
 Can life form be
patented?
 As per US supreme court decision
1980 life forms cannot be patented,
however all genetically engineered living
organisms can be patented -- including
human genes, cell-lines, tissues, organs,
and even genetically altered human
embryos and fetuses.
 What cannot be

patented?
Artistic creation,
 Business scheme,
 Mathematical method, or
 Those things that are prohibited by patent laws of
the country
e. an invention which is frivolous or which claims
anything obvious contrary to well established natural
laws;
f. an invention the primary or intended use of which
would be contrary to law or morality or injurious to
public health;
g. the mere discovery of a scientific principle or the
formulation of an abstract theory;
h. the mere discovery of any new property of new use
for a known substance or of the mere use of a known
process, machine or apparatus unless such known
process results in a new product or employs at least
one new reactant;
 Contd

a. a substance obtained by a mere admixture resulting only in

the aggregation of the properties of the components thereof
or a process for producing such substance;
b. the mere arrangement or re-arrangement or duplication of
known devices each functioning independently of one another
in a known way;
c. a method of agriculture or horticulture;
d. any process for the medicinal, surgical, curative, prophylactic
or other treatment of human beings or any process for a
similar treatment of animals or plants to render them free of
disease or to increase their economic value or that of their
products.
e. inventions relating to atomic energy
 How to obtain a patent?
 Inventor files the full disclosure of
invention in patent office with prescribed
fees and priority,
 Now it becomes the duty of patent office
to
• Conducts search to ascertain the prerequisites,
• Publishes the application
• Conducts detail examination,
• Raises objection on the application and
• Grants the application.
 Importance of patent
 Details of working of inventions,
 Single and unique source of
information,
 Follows strict standard and easy
accessibility,
 Earliest publication of invention,
 Mostly the only publication,
 Beneficiaries of patent
 Inventor can receive the gains in term of
royalty,
 Public – when invention becomes public,
-- freely available technology after
the expiry of patent (20 yrs in India),
- Cheaper after expiry of patent due
to competition.
 HISTORY OF INDIAN PATENT SYSTEM
 1856 - THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS
BASED ON THE BRITISH PATENT LAW OF 1852. CERTAIN
EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW
MANUFACTURERS FOR A PERIOD OF 14 YEARS.
 1859 - THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED
EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN
INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM
DATE OF FILING SPECIFICATION).
 1872 - THE PATENTS & DESIGNS PROTECTION ACT.
 1883 - THE PROTECTION OF INVENTIONS ACT.
 1888 - CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT.
 1911 - THE INDIAN PATENTS & DESIGNS ACT.
 1972 - THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE
ON 20TH APRIL 1972.
 1999 - ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT,
(1999) CAME INTO FORCE FROM 01-01-1995.
 2002 - THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE
FROM 2OTH MAY 2003
 2005 - THE PATENTS (Amendment) ACT 2005 EFFECTIVE FROM 1st
JANUARY 2005.