Concept of IPR and patent

A SEMINAR ONCONCEPT OF IPR AND PATENT

By Suyog Pratap

Sulake M.Pharm. (Sem-II)

Under the Guidance ofDr. N.H. Aloorkar(M.Pharm. Ph.D.)

H.O.D., Pharmaceutics Satara College of Pharmacy Satara

Satara College of Pharmacy, Satara 3

CONTENTS

1) INTRODUCTION

2) MAIN FIELDS OF APPLICATION OF IPR

3) PATENTS

4) CONCLUSION

5) REFERENCES


1. INTRODUCTION

What is a property?Property designates those things that are commonly recognized as being the possessions of an individual or a group.

Typesa) Tangible: is physically present e.g. Building, land, houseb) Intangible : cannot be felt physically e.g. Intellectual property


Examples of intellectual property: An author’s copyright on a book or article, a distinctive logo design representing a company and \ its products, etc.

Intellectual Property Rights (IPR) The rights given to people over the creation of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time.


Categories of Intellectual Property

IPR is divided into two categories viz.1) Industrial Property 2) Copyright

Industrial Property An intellectual property having direct relation to industries is called Industrial Property.


It includes:- Patents for Inventions- Trademarks (Goods and Services)- Industrial Designs-Geographical Indications

Copyrightrelates to artistic creations such as poems, novels, music, paintings, and cinematographic works.


A closely associated field is “related rights” or “rights related to copyright” encompass rights similar to copyright.The beneficiaries are: - Performers (such as actors and musicians) in their performances; - Producers of phonograms (for example, compact discs) in their sound recordings; and -Broadcasting organizations in their radio and television programs.


Duration of Intellectual Property in nutshellINTELLECTUAL

PROPERTY DURATION

COPYRIGHTS 60 YEARSPATENTS 20 YEARS

REGISTERED VARIETIES

FOR DIFFERENT CROPS

18 YEARS

TRADEMARK 10 YEARSGEOGRAPHICAL INDICATION (GI)

10 YEARS


MAIN FIELDS OF APPLICATIONS OF IPR


Type of Intellectual Property Rights

Subject Matter Main Fields

Patents New, Non-obvious Industrially applicable

Drugs, Chemicals, Plastics, Engine,

Turbines, Electronics, Industrial controls

and Scientific equipments

Trademarks Signs or Symbols to identify goods and

services

All industries

Copyright Original works of authorship

Printing, Entertainment,

(audio, video, motion pictures), software,

broadcasting


Integrated Circuits Original layout designs

Micro-electronic industry

Industrial Designs Ornamental designs Clothing, Automobiles, Electronics

Geographical indications

Geographical origins of goods and services

Wines, Spirits, Cheese, and other

Food products

Continued…


3. PATENTS

Patent is a grant for an invention by the Government to the inventor in exchange for full disclosure of the invention.

Exclusive right granted by law to applicants/ assignees to make use of inventions for a limited period of time (generally 20 years from filing).


What can be patented?Any invention which can be a product or process that provides a new way of doing something or offers a new technical solution to something.

What cannot be patented?Inventions falling within Section 20(1) of the Atomic Energy Act, 1962


‘Invention’ under patent lawSec.2(1)(J) of the Patent Act, 1970 - Invention means a new product or process involving an inventive step and capable of industrial application

Patentable inventionIt should meet the following criteria –- Novelty- Inventive Step- Industrial applicability


Novelty: The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.

Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.

Industrial applicability: Invention should possess utility, so that it can be made or used in an industry.


Types of Patent Applications1) Ordinary Application2) Patent of Addition (granted for Improvement or Modification of the already patented invention, for an unexpired term of the main patent).3) Divisional Application (in case of plurality of inventions disclosed in the main application).4) Convention application, claiming priority date on the basis of filing in Convention Countries.5) PCT International Application (Filing in all designated countries, simple and economical for filing in many countries)


Who can apply for patent?The inventor may make an application, either alone or jointly with another person or his assignee orlegal representative of any deceased inventor or his assignee.

Essential Documents with patent applicationThere are two types of documents known as Patent Specification and includes:a) Provisional Specificationb) Complete Specification


Provisional Specification:

- Filed when the invention delay is expected in

submitting full and specific description of

invention.

- It is followed by Complete Specification.

- Complete Specification is submitted within 12

months of filing Provisional specification.


Complete specification - The complete specification is an essential document and includes:1) Title of invention,2) Field of invention,3) Background of invention with regard to the drawback associated with known art,4) Object of invention,5) Statement of invention,6) A summary of invention,7) A brief description of the accompanying drawing,8) Detailed description of the invention with reference to drawing/examples,9) Claim(s),10) Abstract


Grant of patent

a) Application is filed with one of the patent offices.b) Controller makes allotment of the application to the examiner.c) Examiner determines the procedural validity and compliance .d) Examination of patent application.e) Prior art search covering publication in India and abroad is done.f) First examination report- in 18-24 months.


g) Objection (or adverse report) if any of the examiner is to be communicated to the applicant for compliance.h) If the requirements are complied with, the claims of patent are published in Gazette of the patent office (takes normally 6 months).i) Section 25 allows for opposition of any member of public.j) If the applicant overcomes the oppositions and the examiner accepts the submitted complete specification by advertising in the official gazette.


k) After accepting the complete specification (Plain or after opposition), the patent shall be granted to the applicant. l) Controller shall seal the patent with the seal of patent office and the date of sealing of patent is entered into register.


Opposition Any person intended can oppose the grant of patent within 6 months from the date of publication in Official Journal (Pre-Grant Opposition) or within 1 year of grant of patent (Post- grant opposition).Opposition can be raised when:1)Patent is wrongfully obtained from the person opposing the application.2) Invention is obvious to person skilled.3) The claims do not relate to an invention.4) The best mode is not disclosed in the complete specification.


Patent InfringementInfringment occurs when:ManufactureSale or Import of a patented inventionWithout permission from patent owner.

But, use of Patent by Government will not constitute Infringement.


Contravention Description Penalty

Contravention of secrecy provisions relating to certain

inventions (Sec.118)

Failure to comply with any directions

given under section 35.

Imprisonment up to 2 years or with fine

or with both.

Falsification of entries in register etc

(Sec.119)

If any person makesfalse entry in any

register kept under this Act.

Imprisonment up to 2 years or with fine

or with both.

Penalties :


Unauthorized claim of patent rights

(Sec.120)

If any person falsely represents that any article sold by him is

patented in India.

Punishable with fine that may extend to

Rs.1,00,000.

Wrongful use of words, "patent

office" (Sec.121)

If any person uses on his place of business or any document the words “patent office” lead to the belief that his place of business is connected with the

patent office.

Imprisonment for a term that may

extend to 6 months, or with fine, or with

both.

Continued..


Compulsory LicenseCompulsory Licensing (CL) allows governments to license third parties (that is, parties other than the patent holders) to produce and market a patented product or process without the consent of patent owners.Any time after three years from date of sealing of a patent, application for compulsory license can be made


Continued..

Compulsory license is granted provided:• Reasonable requirements of public have not been satisfied;• Patented invention is not available to public at a reasonably affordable price or• Patented invention is not worked in India.

Section 92A of Patents Act, 1970 provides for compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems.


4. CONCLUSION

The legal protection of new creations is necessary because it encourages innovation.

The promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.


5. REFERENCES1) www.caa.in/Image/34_hb_on_IPR.pdf - Adukia Rajkukumar S., Handbook of Intellectual Property Rights in India.2) Dr. Kuchekar B. S., Khadtare A. M., Itkar Sachin C., ‘Forensic Pharmacy’, Eighth edition, Nirali Prakashan, Pg. no. 16.1-16.20.3) Subbaram N. R., “What Everyone Should Know About Patents”, Second edition, Pg no. 1-16, 17-45, 77-84.4) ipindia.nic.in5) www.patentoffice.nic.in6) ipr.icegate.gov.in7) www.ipab.tn.nic.in8) www.mit.gov.in9) www.nipo.in10) www.wto.org 11) www.wipo.int12) www.dcmsme.gov.in/emerge/website_material_on_IPR.pdf13) www.ipo.gov.uk/ipindia.pdf14) www.pfc.org.in/workshop/workshop.pdf15) www.ipapharma.org/pt/july2012/19-22.pdf16) www.nls.ac.in/resources/ded/classnotesforyear2010ded/IPR-NLSUI%20Oct'2010.pdf

Law

Concept of IPR and patent