Intellectual Property IPR PPT mod(1.pptx

Intellectual Right for Vendors

1. IPR Awareness Programme www.ipindia.gov.in 1

2. PROPERTY Bundle of rights Right to sell Right to mortgage Right to use Right to license Right to do any kind of construction Right to rent

3. Intellectual Property (IP) Intellectual Property is the property which is the creation of human intellect (Brain) IP means, creative ideas and expressions of the human mind (intellect) that have commercial value. Intellectual property is an asset , it can be bought, sold, licensed etc. like any other form of property. 3

4. Why Intellectual Property ? Avoids duplication of research Serves as an Indicator of achievements In R&D Institutions Encouragement for Improvement of Technology Keeps abreast with latest development of technology ( i.e. helps industry to improve existing technology to produce better & cheaper product) Utilizing the Published Patent specifications (i.e. ocean of scientific Knowledge ) Transferring invention as public property after expiry of term or cessation of Patent Providing Reward as Exclusive Right for disclosure & right to make, use, exercise, sell or distribute an Invented product or process in India. Right can be shared, licensed or sold . Making Profits / Royalty through putting the Invention into Practice. Royalty on technology transfer / licensing. 4

5. Intellectual Property (IP)

6. MINISTRY OF COMMERCE & INDUSTRY Department for Promotion of Industry and Internal Trade OFFICE OF CONTROLLER GENERAL OF PATENTS, DESIGNS TRADE MARKS& GI PATENTS & DESIGNS PIS & RGNIIPM TRADE MARKS GI Appellate Board KOLKATA NEW DELHI MUMBAI CHENNAI NAGPUR MUMBAI KOLKATA NEW DELHI CHENNAI AHMEDABAD CHENNAI 6 BRIEF OVERVIEW OF IP OFFICE

7. DELHI MUMBAI CHENNAI India - IPO building / offices KOLKATA 7

8. NATIONAL IPR POLICY National IP Policy has been issued by Dept. of Industrial policy and Promotion under Ministry of Commerce and Industry in May 2016 . Its objectives are : (a) IPR Awareness (b) Generation Of IPR (c) Legal and Legislative Frame work (d) Administration and Management (e) Commercialisation of IPR (f) Enforcement and Adjudication (g) Human Capital Development

9. Committee was formed by D(S) on 22 Mar 2018 Members of the Committee Gulshan Ratan , GM(QA &VD) Cdr S Azhaguvel , DGM(MW) Sagar Gupta, SM(TU) Ahasan Behna , DM(BB) Unit Innovation Committees at MW, FOJ, RBD, CDO, BB, QA, TU, DEP & HR Objectives Cultivate a climate of Innovation in GRSE Enhancing self-sufficiency in Warship Building Nodal agency in GRSE on all issues of Innovation and Intellectual Property Coordinate with IPF Cell at MoD and all departments within GRSE Identify works carried-out in GRSE those qualify as Intellectual Property and submit Patent application to Govt. INNOVATION & PATENT COMMITTEE AT GRSE

10. PATENT

11. Meaning of Patent Patent is a bargain between Inventor and government agencies wherein government grant exclusive privilege / right to the patentee for 20 years from date of filing / priority for commercial gain in consideration of full disclosure of his invention. 11 The literal meaning of Patent is ‘ to open ’. It is the antonym or oposite of word Latent The concept of Patent is similar to ‘ Quid pro quo ’ as per land mark judgement of Delhi High Court in the year 1977 Raj Prakash Vs Mangat Ram case. Quid pro quo means you get something in return for something. Sec-3 (1) (m) of Indian patent law define the term Patent as Patent for any invention granted under this act. That means Patent is nothing but a Grant given by government and it is only limited to patentable inventions . As a Territorial Right & not world wide

12. Historical background of Patent Indian Patent law is primarily the legacy of British past. Indian Patent and Design Act, 1911 was governing legislation that was in force when India become independent Indian Patent Act, 1970 was enacted by Independent India. This is very exhaustive act and undergone several amendments since its inception, the major one in 1974, 1986, 1999, 2002 and 2005. Prior to 1911, there is no prevalent of patent law in India. Had there been Patent Regime in India at ancient time then we might have seen several granted patent in India in the past. Like the ancient knowledge of certain medicine both in Ayurveda and Hakim that would have fetch many patent. After amendment of 2005 in Indian Patent Act, 1970, India become TRIPS compliant nation.

13. Nature of Patent Right

14. Types of Patent

15. Essentials for obtaining patents

16. 1. Novelty Novel or New An invention is new (novel) if it has not been disclosed in the prior art . Patentability Criteria Prior art means everything that has been published, presented or otherwise disclosed to the public before the date of filing of complete specification.

17. 2. Inventive steps Feature of an invention that involves Technical Advancement compared to existing knowledge or having Economic Significance or both (i.e. a and b) that makes invention not obvious to a person skilled in the art Some Indications of Non-Obviousness are: -  A surprising result -  The solution to a long-standing problem -  The fulfilment of a long-felt need -  A great technical progress Patentability Criteria

18. The paper clips was invented in the year 1900 by a man from Norway named Johann Vaaler . The paper clip helped to solve the age old problem: how do I keep papers together without ruining them or poking holes in them. Paper clips

19. The Zipper The next taken for granted invention is one that almost all of use have on right now, the zipper.

20. Adhesive Tape Every time you rip a paper or need to fasten a picture to your locker or wall, what do you go and grab? That’s right, tape. And most of the time the clear kind.

21. Ballpoint Pens Do you remember having to dip your pen into ink every time you wanted to write something? Oh that’s right, we never had to do that, because of the invention of the ballpoint pen.

22. A system for allowing a shoe wearer to lean forwardly beyond his center of gravity by virtue of wearing a specially designed pair of shoes which will engage with a hitch member movably projectable through a stage surface. ABSTRACT, US PATENT US5255452 A Michael Jackson's patent

23. Youngest patent-holder on wheelchair Hridayeshwar Singh Bhati  (born 3 September 2002) is an  Indian  student who invented a six-player  variant of chess  at the age of 9 with assistance from his father. He earned a patent for his invention in 2012, making him the youngest patent-holder in India at that time. Bhati suffers from  Duchenne muscular dystrophy  and uses a wheelchair. He credits his passion for invention to his admiration of British physicist  Stephen Hawking : "I want to be like Hawking who became a famous scientist despite suffering from motor neuron disease.

24. 24 Nano car

25. Invention vs Discovery Discovery means , finding a new thing / property of a known material or article. The discovery as such has no technical effect. Invention means , a new product or process involving an inventive step (non- obviousness) and capable of industrial application.

26. Most Common mistakes by Inventors Publish their invention before filing patent application Use of invention in public, or commercial use of invention in public or even in secrecy prior to filing patent application Wait until the invention is fully developed for commercial working before applying for patent

27. NON PATENTABLE INVENTION SECTION-3, OF INDIAN PATENT LAW, 1970

28. Non- Patentable Invention [Section 3a] Frivolous inventions, Inventions contrary to well established natural laws 28 Section 3(a) – Examples Machine that gives more than 100% performance A machine alleged to be giving output without any input. An invention which is

29. Non- Patentable Invention [Section 3b] An invention primary or intended use or commercial exploitation of which could be contrary to Public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment 29 Examples Gambling machine, Device or machine or method for committing theft/burglar Device for house-breaking weapons of mass destruction (WMD) Any machine or method for counterfeiting of currency notes a method of adulteration of food

30. Non- Patentable Invention [Section 3c] c) Mere Discovery of a Scientific Principle or the formulation of an Abstract Theory or discovery of any living thing or discovery of non-living substance occurring in nature. But if the theory leads to practical application in the process of manufacture of an article or substance, it may be patentable 30 Non- Patentable Invention [Section 3d] d) The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance OR the 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.

31. Non- Patentable Invention [Section 3e ] e) A substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance 31 Composition of 2 drugs to cure fever+pain Paracetamol (Antipyretic) + Brufen (analgesic) = A drug (antipyretic & analgesic) Section 3(e) – Examples

32. Non- Patentable Invention [Section 3h ] Section 3h, Method of Agriculture or Method of Horticulture 32 Method of producing a plant, A method of producing improved soil by giving treatment A method of producing mushrooms A method for cultivation of algae However, Agricultural Equipment's are patentable

33. Non- Patentable Invention [Section 3 i ] Any process for medicinal, surgical, curative, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products process of administering medicines orally, or through injectable stitch-free incision for cataract removal (Surgical methods) method of cleaning plaque from teeth (Curative methods) Art of curing illness cannot be patentable. However manufacture of artificial limbs, Device for Surgery , Diagnostic are Patentable

34. Non- Patentable Invention [Section k ] k) A mathematical method or a business method or algorithms or a computer programme per se 34 Non- Patentable Invention [Section 3l ] l) A literary, dramatic, musical or artistic work or any other aesthetic creation including cinematographic work and television productions.

35. Non- Patentable Invention [Section 3p ] (p) an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components. Traditional Knowledge, being knowledge already existing, is not patentable 35

36. DRAFTING OF PATENT

37. Patent Specification Structure 37 The Patent Specification Title Technical Field Background Art Disclosure of the Invention Brief Description of the Drawing Acknowledge prior art Abstract Drawings Plurality Aims and objects of the invention Detailed Description of Drawing Examples Industrial Applicability Closing Statements Claims

38. DRAFTING OF PATENT

39. Types of Patent Applications Ordinary Patent application Application with PS and CS shall be filed within 12 month with F5 Else deemed to be abandoned U/S 21 (ii) Application with CS with claims 39

40. FILING PATENT APPLICATION IN INDIA

41. Who can file Patent application / Applicant? in INDIA [Section 6] Individual / Natural person (Indian / Foreigner) Any Legal Entity e.g. a company (Indian / Foreign) Small Entity e.g. Registered under MSME under msme Act involved in manufacture /production of goods Start Up or can jointly file with above 41

42. Appropriate Offices / Jurisdiction for Patent filing INIDA PLACE OF OFFICE TERRITORIAL JURISDICTION MUMBAI The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu and Dadra & Nagar Haveli CHENNAI The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union territories of Pondecherry and Lakshdweep . Telengana NEW DELHI The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, National Capital Territory of Delhi and the Union Territory of Chandigarh, Delhi KOLKATA The Rest of India 42 Designs: The application for registration of a design can be filed at the Patent Office at Kolkata and its Branch Offices at New Delhi, Mumbai and Chennai.

43. Patent Grant Procedure Publication of Grant of Patent Filing of Patent application Publication after 18 months Request for examination (within 48 M) Examination in respective group (6+3) Post Grant Opposition to Grant of Patent ( 1 year) (Constitution of Opposition Board) Early Publication Decision By Controller Digitization Screening & Classification Allotment Grant or Refusal Pre Grant Opposition by Representation by any person

44. Minimum documents Required for filing -India Application Form (Form 1) Assignment / Proof of Right to Apply Provisional or Complete Specification (Form 2) Statement of Foreign Filing (Form 3) Declaration as to Inventorship (Form 5) Request for Examination (Form 18) Request for Early Publication (Form 9) – optional Power of Attorney, if Required (Form 26) - optional Certified Copy of Convention Application, if required, for conventional / PCT international application

45. Basic online Filing Fee Rs 1600 /- for natural person Rs 4000 /- for small entity Rs 8000 / - for others (upto 30 pages) Filing fee is the product of basic filing fee and the number of priorities, if any, otherwise equal to one basic filing fee fee for each sheet in addition to 30 pages Rs. 160 /- or Rs. 400 or Rs 800 /- fee for each claim in addition to 10 Rs 320 /- or Rs 800 or Rs 1600 /- Hard copy filing There will additional 10% fee

46. Form 18 online filing fee Request for examination fee is Rs 4000 for natural person Rs 10000 for small entity Rs 20000 for other than natural person Hard copy filing There will additional 10% fee 46

47. Request for Early Publication (Form 9) Form-9 on request to publish the application at any time before the expiry of 18 months published ordinary within 1 month (Sec. 11A). (Fees 2500 / 6250/12500) 47

48. Publication of Patent Application [Under Section 11A] Publication on Patent Office Journal on expiry of period of 18 month form the date of filing or date of priority, whichever is earlier & shall be open for public inspection (R. 27) Published on every Friday and available on office website Except in the case, where ( No publication ) the application, (a) in which secrecy direction is imposed U/s. 35 (b) has been abandoned U/s. 9(1) & no complete spec. filed (c) has been withdrawn 3 months prior to 18 months 48

49. Various forms http://www.ipindia.nic.in/form-and-fees.htm Online can be filed https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin 49

50. Expedited examination R24B Form 18A While filing PCT, if India as ISA/IPEA Or applicant is a startup Form 18A fee- ( Rs 8000/25000/60000) 50

51. Fee  Relevant Forms Natural person(s) and/ or Startup Small entity, alone or with natural person(s) and/ or Startup Others, alone or With natural person(s) and/ or Startup and/ or Small entity Form 1 1600 4000 8000 Form 2 Upto 30 sheet & 10 claims       1 sheet after 30 160 400 800 1 claim after 10 320 800 1600 Form 3 No fee   Form 5 Form 9 Early publication 2500 6250 12500 Form 29 Application for withdrawal No fee No fee No fee Form 18 Request for examination 4000 10000 20000 Form 18 A request for expedited examination 8000 25000 60000 Fees for Renewal per year fee upto 6 th year 800 2000 4000 Form 13 Amendments of specification 800 2000 4000 From 13 for change in name, address 320 800 1600 Form 25 permission for applying patent outside India 16000 4000 8000 PA Form 26 No fee No fee No fee Photocopy supply Rs 10 per page Request for adjournment of hearing under rule 129A (for each adjournment). 1000 2500 5000

52. Fil i n g of t h e A p p l icat i on P hy s ical filing at the P atent Off i c e - , - I I Electronic filing (July 20,2007)

53. PH Y SICAL FILING A T P A TEN T OFFI C E Mode of F il i n g:  B y po s t/ r egi st e r ed po s t / spee d po s t with DD P h y s i c al f i l i n g a t the o f f i ce c ou n t er  Mode of FE E P a yme n t a t c ou n t e r : Cash Deman d D r a ft E-payment

54. Comp r ehensi v e e - Fil l ing

55. E-filing Version 1.0 launched in July 2007 E-filing Version 2.0 (Comprehensive filing) Launched in Dec 2012 Application Format for Patents E-filing Application: XML data & PDF for Specification Drawings (Abstract image): JPEG Convenience ・ 24 hours, 365days ・ Maximum data size : 15MB ・ Payment: Online Net banking Procedure (Version 1.0): ・ Download E-filing Software ・ Registration with digital signatures ・ Upload signed XML V ers i o n 2. (l a u n ch e d i n De c 2 1 2) C o m p r ehen si v e i n n a ture i. e . a l mo st a ll su b se q u e n t fil i n g s av a i l a b le W e b b a sed arc h itectu re Comp r ehensi v e e - Fil l ing

56. R e qu i r eme n ts  Digi t al Sign a tu r e s : V end o r Sign a tu r e Class* URL (n ) Cod e So l ut i ons C lass III h t t p s: / / ww w .nc o de s ol ut io n s. co m T CS C lass III h t tp: // ww w . t c s - c a . t c s . c o . in S a f e Scrypt C lass III h t t p s: / / digi t al i d . s a f e s c r y p t. c o m e m u d h r a C lass III h t t p s: / / ww w . e - mu dh r a. c om * C l ass II s ign a tu r e a r e al s o s t ar t ed t o b e ac c e p t ed.

57. F i l i n g P r ocedu r e D i gi t al S ign atu r es R e gi s t r a ti o n L ogin W ith Us e r I D & P a ss w o r d W ith Us e r I D & D igi ta l Sign a tu r es OR Sele c t F orm E n t r y E n t er D e t ails S a v e D r a ft Select from quick filing links or Select from main filing dropdown List On l i n e Bank i ng T r an s ac t io n Ac c ou nt P r e view

58. F il i n g P r oc e du r e D igi t ally Sign the D r a f t e d F orm Sele c t the P a yme n t G a t e w a y Ma k e Onli ne P a yme n t Sub mi t the t r ansacti o n de t ails t o IP O Prin t E - R e c e ipt

59. enter his/her login credentials

60. Dash b oa r d On li n e F illi n g o f P at e n ts select the appropriate form

61. F or m -1 F illi ng On li n e F illi n g o f P at e n ts provide the application details

62. F or m -1 Co n t d… On li n e F illi n g o f P at e n ts Add Priorities Add Applicant Add Inventor

63. On li n e F illi n g o f P at e n ts Checklist and declarations.

64. On li n e F illi n g o f P at e n ts Click on “ submit ” button to fill the form 18 i.e. the request for examination after 18 months publication F or m -18

65. Designs Design means, the features of shape, configuration, pattern or ornament or composition of lines or color or combination thereof applied to any article in 2D or 3D or in both forms 66

66. Designs Design must be appealable to the eye . Design is for beautifying an industrial product to attract consumer. Mere functional or technical features of the article are not considered as design. Term - 10 years & can be extended for 5 years – total 15 years

67. Trademark Visual symbol which may be a word, name, symbol , brand , numerical or combination of colors which is used in trade with goods to indicate the source of the goods to distinguish from the goods of the others. ® - Registered Trademark TM - Trademark Mark Applied Duration of registration –10 years; can be renewed every 10 years subject to usage 68

68. Geographical Indication (GI) GI are place names used to identify the source of origin, quality, reputation or other characteristics of products Eg. :- Darjeeling Tea, Kanchipuram Silk Saree, Kolhapuri Chappal, Agra Petha Nagpur Oranges Term of Protection - 10 years and can be renewed every 10 years subject to usage 69

69. Copyrights Provides its holder, the right to restrict unauthorized copying & reproduction of an original expression Eg. - literary work, movie, music, painting, software Author by virtue of creation of work (in a tangible form) gets the Copyright. Term of protection granted is life of the Author + 60 years 70

70. Relations Between IPR Formulation of COKE can be Trade secret The logo Coca-Cola is an example for TRADEMARK. Shape of the bottle – an INDUSTRIAL DESIGN. PATENTS may have been obtained in respect of bottling equipment. COPYRIGHT - in respect of the text, database or artistic work appearing on its website. i.e a single product can be protected by more than one IPR 71

71. PATENT If an automatic exposure control mechanism is invented for first time such invention (I.e. new technology) can be protected by patent law for 20 years TRADEMARK Trademark “Canon” can be protected by Trademark law for 10 yrs extendable for next 10 yrs for any number of times. DESIGNS A Design of camera’s appearance can be protected by Design Law. Design right is valid for 10 years from the date of its registration and it is extendable for another period of 5 years. Various IP can be obtained in single product 72

72. Various IP can be obtained in single product Constructional features Catalogue/Booklet Name/Logos Patent Right Design Trade Marks Copy Right

73. THANK YOU VERY MUCH 74