PATENTS

COPYRIGHT
TRADEMARKS
Presented By:- Peer Ubaid Iqbal
M.B.A.(PM)..Second Semester

PATENTS
What is a patent?
Patent is a grant for an invention by the government to the
Inventor in exchange for full disclosure of the invention to debar
others to exploit the invention for commercial success for a
limited period within the geographical boundaries.

Advantages:
Scientific & technological knowledge not kept secret.
Publication of details stimulates other inventive minds.
Rewards the inventive mind by giving the patentee a
legal monopoly to make use of his invention to his
economic benefit.
Each country has its own patent laws and one must file
application in each country where the patent protection is
sought.

Laws and Regulations in India

Patents Act, 1970
Amended in
1999
2002
2005

Patents Rules,
2003
Amended in
2005
2006

What is an INVENTION?
An invention must relate to a PROCESS or PRODUCT or both and satisfy the
following conditions:

NOVELTY

INVENTIVENESS/
NON OBVIOUSNESS
INDUSTRIAL

APPLICATION

Must not be published previously.

Must not be in prior public knowledge or
prior public use.

It must involve an inventive step not

obvious to a person skilled in the art.

Must be capable of being made or used in

any industry.
Patent not granted for an invention devoid
of utility.

What CANT be patented?

Frivolous inventions & inventions contrary to well established natural laws.
Machines that give more than 100% performance.
Intended use of invention is contrary to law/morality or injurious to public health.
Gambling machine
Device for house breaking
Biological warfare material, weapons of mass destruction.
Laws of nature/Mere discovery of scientific principles/Formulation of abstract theory.
Wind, gravity, Newtons laws, Raman effect
Discovery of any living or non living substance occurring in nature.
Discovery of microorganisms.
Discovery of natural gas or a mineral.

What CANT be patented?

Substance obtained by mere admixture (Only aggregation of properties)
Combiflam [Paracetamol (Antipyretic) + Brufen (analgesic)]
However, synergistic formulations are patentable.

Mere arrangement or rearrangement of known devices .

A clock and radio in single cabinet.
Mere discovery of any new property or 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.
New use of Asprin for heart ailments
Mere new uses of Neem.

Inventions relating to atomic energy

Stages : From Filing To Grant Of Patent

File an application for patent
With one of the patent offices based on territorial jurisdiction of the place of
office or residence of the applicant /agent.
Pay the required fee.
Information concerning application form and details of fee available at
www.ipindia.nic.in

FILING OF APPLICATION
(Provisional / Complete Specification)
IF P.S. IS FILED C.S. TO BE FILED WITHIN 12MONTHS

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

EXAMINATION-ISSUE OF FER

PROMPTLY AFTER 18 MONTHS

WITHIN 48 MONTHS

3rd Party Representation

ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS

GRANT OF PATENT
WITHIN 12 MONTHS

POST GRANTOPPOSITION

Decision of Controller
Appeal

Appellate Board

Revocation/Amendment

Patent Specifications
There are two types of patent documents usually known as PATENT SPECIFICATIONS:

Provisional Specification
Usually filed to establish priority of
invention.
When invention is at conceptual stage
and delay is expected in submitting full
description.
Has to be followed by complete
specification.
Improvements effected during course
of development of details of the
invention can be incorporated in the
complete specification.
The inventor can test commercial
possibilities, can abandon the
application if not found to be
commercially viable.

Complete Specification
Has to be filed within 12 months from date
of filing of provisional specification.
CS should satisfy the following conditions:

1.Full description of invention, its operation

or use & the method by which it is to be
performed.
2. Disclose the best method of performing
the invention for which the applicant is
entitled to claim protection.
3. End with a claim or claims defining the
scope of the invention for which protection is
Claimed.

Publication

Application is
kept secret for
a period of 18
months from
the date of
filing

In 19th month,
the application
is published in
the official
journal this is
made available
on the website
weekly

Applicant has
an option to
get his
application
published
before 18
months.

In that case,
application is
published
within one
month of the
request

Request For Examination

Application is examined on request.

Request for examination can be made either by

the applicant or by a third party.
A period of 48 months, from the date of filing,
is available for making request for examination.

Examination
Examiner
undertakes
examination with
respect to :

Whether the claimed invention is

not prohibited for grant of patent
Application is sent
to an examiner
within 1 month
from the date of
request for
examination

Whether the invention meets the

criteria of patentability

Issue Of FER & Applicants response

A period of 1 to 3 months is available to examiner to submit the report
to the Controller
1 months time available to Controller to vet the examiners report
First Examination Report (FER) containing gist of the objections is
issued within 6 months from the date of filing of request
12 months time, from the date of issue of FER, is available to the
applicant to meet the objections

If objections are met, grant of patent is approved by the Controller

within a period of 1 month

Pre - & Post - Grant Opposition

Patent Dispute Resolution Platforms

Grant of Patent In India

Once approved, a certificate of patent is issued within 7 days.
Grant of patent is published in the official journal.

Revocation Of Patent
Revocation of patent is cancellation of the patent grant.
Once the patent is granted by the controller, if any person desires to cancel
the patent then he has to file a revocation petition before the High Court.
The grounds for such a petition have been mentions under Section 64 of
Patents Act

Patent Term
Any patent which is granted will be valid for a maximum term of 20 years
from the date of filing or priority, whichever is earlier.
However, to keep the patent active for the said 20 years, the patent should be
renewed every year.

Renewal Fee
To be paid within 3+6 months from date of recording in the
register [sec 142 (4) ].
No fee for 1st and 2nd year.
Renewal fee, on yearly basis, is required to be paid for 3rd to
20th for keeping the patent in force.
Delay upto six months from due date permissible on payment of
fee for extension of time .
Patent lapses and becomes public property if renewal fee is
not paid within the prescribed period. Thereafter, it cannot be repatented as novelty of invention is lost.

Infringement
An infringement may
occur where the
accused infringer has
made, used, sold,
offered to sell, or
imported a patented
invention without the
consent of the owner.

A patent is infringed
even if it infringes a
single independent
claim in a patent.

TYPES
OF
INFRINGEMENT

INDIRECT
To actively encourage
another to make, use, or sell a
patented invention without
permission.

CONTRIBUTORY

DIRECT
To make, use, or sell the
patented invention without
permission from the
patentee.

Knowingly sell or supply a part

or
component of the patented
invention to another.

INDUCED
Act of actively inducing
another to infringe a patent.

Is It Possible To Get a World Wide Patent?

In the current state of the international patent system, no.

There is no one patent that covers every country in the world, or even a
large number of the countries of the world. The patent system is still a
territorial system; in order to be protected in a particular country, you
have to be granted a patent in that country.
However, there is an international agreement administered by WIPO
called the Patent Cooperation Treaty (PCT), for the filing, searching,
publication and examination of international applications. The PCT
makes it easier to obtain patents in the Contracting States by providing
for the filing of one international application, which may be
subsequently prosecuted in the different designated national or
regional Offices of States party to the PCT. However, even under the
PCT, the granting of patents is left to those designated Offices.

COPYRIGHT
Copyright may be applied to
Literature
Fiction and non-fiction, books and journals
Artistic works
Music
Broadcasts
Internet content
It gives the author or artist control over the use
and publication of their material.
It confers both economic and moral rights.

Cannot Copyright
Titles, names, short phrases, and slogans; familiar
symbols or designs; mere listings of ingredients or
contents

Ideas, procedures, methods, systems, processes,

concepts, principles, discoveries, or devices

Standard calendars, height and weight charts, tape

measures and rulers, and lists or tables taken from
public documents

Copyright Criteria
ORIGINAL WORK IN TANGIBLE MANNER.

NOTHING TO DO WITH QUALITY.

AUTHORS UNIQUE EXPRESSION.
NO COPYRIGHT OF IDEA ONLY EXPRESSION.

Fair Use
Fair use is one of the exceptions in copyright which allows use of
copyrighted materials without obtaining permission as long as the use can be
considered fair.
There is a four-factor analysis which must be applied to each use to
determine whether the use is fair.

First Factor: Purpose and

Character

Addresses the character and purpose of the use of

the work.

Second Factor: Nature of

Work

Looks at the creativity of the work. Creative works

have more protection than factual ones.

Third Factor: Amount

Looks at the amount of the work that is being used

Fourth Factor: Market

Effect

Takes into account how the intended use would

impact the market for the work.

Infringement
Copyright infringement (or copyright violation) is
the unauthorized or prohibited use of works
covered by Copyrights Act, 1957 (Amended in
1999)
Three elements that must be in place in order for
the infringement to occur.
1.The copyright holder must have a valid
copyright.
2.The person who is allegedly infringing must
have access to the copyrighted work.
3.The duplication of the copyrighted work must
be outside the exceptions.

TRADEMARKS
A trademark is a type of
intellectual property.

Typically a name, phrase

word, logo, symbol, design,
image and a combination of
these elements that
distinguish & identify good
from others.

Laws and Regulations in India

TRADE MARKS
ACT
1999
TRADE MARKS
RULES
2000

Symbols For Trademark

BEFORE
REGISTRATION

AFTER
REGISTRATION

Procedure For Registration

Examples Of Trademarks