Overview of IPR

Patent & Trademark

GROUP-1 Presented By:-

 What is intellectual property right?
•  Is a term referring to a number of distinct types
of creations of the mind for which property rights
are recognized—and the corresponding fields of
law.
•  Owners are granted certain exclusive rights.
• Types of intellectual property include 
copyrights, trademarks, patents, industrial
design rights and trade secrets in some
jurisdictions.
 Intellectual Property Rights

“PATENT”  For every individual improved mechanism

“DESIGN”  For outer shape & Contour / Configuration

“TRADE MARK” Brand name or Logo for goods denoted as ®

“Copy right” For Instruction / manual booklet denoted as ©

 Protection Of Intellectual Property In India
(Patents, Designs, Trade Marks & Copyrights)

MINISTRY OF COMMERCE
MINISTRY OF HUMAN RESOURSE
AND INDUSTRY
DEVELOPMENT

DEPT. OF INDUSTRIAL DEPT. OF EDUCATION

POLICY & PROMOTION

COPYRIGHT OFFICE
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS

PATENT TRADE MARKS REGISTAR OF

OFFICE REGISTRY COPYRIGHT

Sr.JOINT GIR
CONTROLLER JOINT
OF PATENTS REGISTAR OF
AND DESIGNS TRADEMARKS
 Legislative Measures

• The Patents Act, 1970

• Product Patent
• Patent Term of 20 years
• Public Health Safeguards
• Protection to TK
• The Trade Marks Act, 1999
• Service Marks and Collective Marks
• Term increased from 7 years to 10
years
 What is a Patent?
• Provision in Title 35 of the United States Code
• Must be a new and useful machine, item of
manufacture or composition
• Must be non-obvious, and reproducible by one
skilled in the art
• Patent grants the right to exclude others from
making, using or selling an invention for a period of
time
• Three types of patents: utility, design, and plant
 Objectives Of Patent
• Encourages inventions
• Protection
• Utilization

• Promotion of technological innovation

 TYPES OF PATENT

UTILITY PATENT

• What we think of as a “patent”

• Protect how the item WORKS
• Legal language defines the actual parameters of the
protection
• Length of protection is 20 years from date of file,
provided maintenance fees are paid
• Applications are published 18 months after filing
(American Inventors Protection Act AIPA)
 Potential Utility Patents:

• Chemical compositions: toothpaste

• Articles of manufacture: tennis ball
• Machines: drill
• Processes: “Data storage array method and
system”
 Design & Plant Patents

• Design patents protect how the item

LOOKS
• Less expensive to obtain, protect for 14
years

• Plant patents protect a variety of plant

such as roses, begonias, etc.
 What cannot be patented?

• An idea: inventions must be reducible to

practice
• Laws of nature/naturally occurring articles
• Business forms and other printed matter
(not associated with some hardware)
• Scientific principles in abstract (without
hardware)
• Musical & artistic work
 Advantages Of A Patent To
The Public
• KNOWLEDGE OF INVENTION ADDS TO
SCIENTIFIC BACKGROUND FORMING
BASE FOR FURTHER RESEACH

• REASONABLE ASSURANCE FOR

COMMERCIALIZATION

• PATENT- OPEN TO PUBLIC FOR USE

– AFTER ITS TERM EXPIRES
OR
– WHEN IT CEASES TO BE IN FORCE
 Patent Grant Procedure
Filing of patent application

Early Publication Publication after 18 months

Pre Grant Opposition /

Representation by any person.

Request for examination

Examination: Grant or Refusal

Publication of Grant of patent

Post Grant Opposition to grant of patent

(Constitution of Opposition Board)

Decision By Controller
 Patent Applications Examined

16000 14813

14000

12000 10709
9538
10000

8000

6000

4000 2824

2000

0
1999-2000 2002-03 2003-04 2004-05
Trademark Definition

A trademark is a
designation used by a
person to “identify and
distinguish his or her
goods…from those
manufactured or sold by
others to indicate the
source of the goods,
even if that source is
unknown.”
Types of Trademark
The Principal Functions Of Trademark

1. To distinguish goods and identify their source

2. To assure consistent quality of goods

3. To advertise and promote products

 CD PLAYER
Music played on the
CD player is
protected by
Industrial design copyright
protection for 3D
shape

Various
technical parts
& mechanisms
are subject
Brand name- mater of
registered under protection
trademark under Patents
WTO(GATT/TRIPS) And Patent
• The Patent Act has been amended to bring this
into effect from January 1, 2005.
• GATT required that the distinction between
product and process patents be done.
• It required that a product patent be allowed on
all new products.
• Farmers in India can use new variety of seed-
part of TRIPS.
• patent right for all inventions has been raised to
20 years
 WTO(GATT/TRIPS) And
Trademark
• The new Act was put into effect from
September, 2003.
• The new law has been enforced with the
commitments made by India as a
signatory to the TRIPS agreement under
the GATT
Difference between Trademark and
Patent
TRADEMARK PATENT

• Names, Symbol or • The right to deny people

Images that gives co. to use or sell or recreate
right to use it. one’s inventions.

• It is form of advertising • Govt. obliges people who

&marketing for any co. have patent rights to
who want to sell their make their inventions
product. public.
Difference between trademark and
patent
TRADEMARK PATENT

• People gain money • An inventor can sell

through marketing its invention & gain
made by trademark. money.
 Conclusion
PATENT
• In general ... Patents protect the invention
and how it works.
• Patents are available on the Internet, but
are not as easy to search as it appears.
TRADEMARK
• There are four strands to the Act.
– It was formulated 100 yrs back, under the
common law.
– Several aspects of 'passing off' .
– It recognizes emergent business practices.
– It gives significant protection to foreign
trademarks.
IPOs – BEFORE AND AFTER
….Seeing is believing !
Before FACADE
Now
 LIBRARY

Before Now

OLD
 STORAGE SPACE

Before
Now
 WORKING AREA

Before Now
 CASH SECTION

Before Now
 MULTI-PURPOSE AREA

Before Now
MODERNISED WAITING AREA