Intellectual Property Rights - Patents and Copyrights.pptx

Intellectual Property Rights (IPR) refer to the legal protections granted to individuals or organizations over creations of the mind. These creations can include inventions, literary and artistic works, designs, symbols, names, and images used in commerce. The main types of IPR are **patents**, **copyrights**, **trademarks**, **geographical indications**, and **industrial designs**. The purpose of IPR is to encourage innovation and creativity by ensuring that creators can benefit from their work. By granting exclusive rights for a certain period, IPR motivates inventors, artists, and businesses to invest time and resources in developing new ideas. At the same time, it helps promote economic growth, competition, and cultural development. However, IPR must balance private rights with public interest. Overly strict protection can limit access to knowledge, medicines, and technologies, especially in developing countries. Therefore, international agreements like the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), administered by the World Trade Organization (WTO), aim to harmonize global IPR standards while allowing flexibility for public welfare.

1. DD IPR ESSENTIALS : PATENTS, COPYRIGHTS & BEYOND Dr. LUBNA SURAIYA Assistant Professor, Department of Commerce – International Accounting & Finance, Faculty of Science and Humanities, SRM Institute of Science and Technology, Chennai

2. INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS (IPR) Intellectual Property Rights (IPR) are legal rights that protect creations of the mind. These creations can include inventions, brand names, logos, books, music, films, designs, and even software. Just like physical property (like a house or car), intellectual property (IP) can be owned, bought, sold, or licensed. The main purpose of IPR is to encourage innovation and creativity by giving creators the right to benefit from their work. It prevents others from using someone’s work without permission, ensuring fair rewards and recognition. IPR is important in many fields such as science, art, technology, and business. It helps in economic growth, boosts creativity, and ensures fair competition. In short, IPR helps protect your ideas, just like a lock protects your home, giving you control over how your work is used and shared.

3. Patent protects new inventions or technological solutions. Trademark protects brand names, logos, or symbols used in business . SUMMARY OF IPR

4. Copyright protects original creative works like books, music, and films. Industrial Design Right protects the unique look or shape of a product.

5. Geographical Indication protects products that are famous for coming from a specific place. Kolhapuri Chappal (Maharashtra) – Handmade leather sandals known for durability Kashmir Pashmina (Jammu & Kashmir) – Fine wool known for softness and warmth Toy Town of India - Channapatna (Karnataka) is famous for its wooden toys and dolls using natural dyes and traditional hand-turning techniques, known for their bright natural colors and smooth, glossy finish.

6. Trade Secret protects confidential business information or formulas. WD-40” stands for “Water Displacement, 40th formula.” It was created in 1953 after 39 failed attempts — the 40th try was the successful one ! T he exact chemical formula of WD-40 has never been publicly revealed. Only a few trusted people in the company know it. This secrecy helps protect the brand from competitors . It can remove rust, clean metal, stop squeaks, loosen stuck parts, protect tools, and even remove glue or crayon marks. People have found over 2,000 uses for it ! Instead of patenting the formula (which would require publishing it), the company chose to keep it secret forever — and this strategy has worked for more than 70 years. Integrated Circuit Layout Design protects the unique design of microchip circuits from being copied . An Integrated Circuit is a tiny electronic device made up of numerous interconnected components (like transistors, resistors, capacitors) built on a single semiconductor chip to perform specific functions—such as amplification, computation, or data storage.

7. OVERVIEW OF INDIAN PATENT The Indian P atent System is governed by the Indian Patents Act, 1970. A lign with international standards - TRIPS Agreement. The P atent O ffice operates under the Office of the Controller General of Patents, Designs & Trademarks (CGPDTM ), which functions within the Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade (DPIIT ). India has 4 regional patent offices located in Delhi, Mumbai, Chennai, and Kolkata. The patent term is 20 years from the date of filing. I nventions must satisfy criteria of novelty, non-obviousness (inventive step), and industrial applicability to be patentable.

8. Section 3 and Section 4 of the Patents Act discusses about Non- patentability. The patent application process includes filing through the Patent Cooperation Treaty. P ublication , request for examination within 48 months. The key authorities involved are the Controller General, P atent examiners who scrutinize applications, registered patent agents who assist applicants, and the judiciary which adjudicates patent disputes. Recent developments include efforts to expedite patent examination and digitalize filing processes, benefiting innovators and industries such as pharmaceuticals and startups.

9. TYPES OF PATENT 1. Utility = Function 2. Design = The Outer Look 4. Provisional = Temporary Protection 3. Plant = New living Creation of plant How something works The look, shape, or appearance of a product A new plant variety made by humans Temporary protection before full patent

10. 1. UTILITY PATENT A U tility Patent protects new useful inventions or improvements, such as machines, processes, methods, or compositions of matter. It gives the inventor exclusive rights to make, use, or sell the invention for about 20 years preventing others from copying it without permission as per the Patents Act, 1970 . Its issuing time is 3-4 years. Utility patents cover how an invention works or is used highlighting unique features and functionalities. To maintain the validity of the patent throughout this period, the patentee is required to pay annual renewal fees starting from the 3rd year after the filing date . Failure to pay these fees can result in the patent lapsing before the expiration of the 20-year term .

11. 2. DESIGN PATENT A design patent protects the ornamental appearance of a functional item, covering its shape, surface, or overall visual design. It does not cover the item’s function or structural features. The patent application includes drawings or photographs illustrating the design. In India, a registered design is protected for an initial period of 10 years from the date of registration . This period can be extended for an additional 5 years , making the total possible protection 15 years . To obtain the extension, the design owner must file an application in Form-3 with the prescribed fee to the Controller before the expiry of the initial 10-year period. If the extension fee is not paid on time, the registration may lapse . However, it can be restored within one year from the date of lapse by submitting a restoration application along with the required fee and reasons for the delay.

12. COCA-COLA BOTTLE REVOLUTION – DESIGN PATENT

13. 3. PLANT PATENT A plant patent protects new and distinct varieties of asexually reproduced plants, including cultivated sports, mutants, hybrids, and newly found seedlings. It grants the patent holder exclusive rights for 20 years from the filing date in the U.S . P lant patents do not cover sexually reproduced plants (through seeds) or tuber-propagated plants. To qualify, the plant must be novel, distinct, and not previously sold or publicly disclosed. Plant patents encourage innovation in horticulture and agriculture by safeguarding breeders’ efforts and investments.

14. In India, plant varieties are protected under the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act), not through patents. I t offers Plant Variety Protection (PVP), which safeguards new plant varieties that are distinct, uniform, and stable. Protection lasts for 15 years for most crops and 18 years for trees and vines. Rights include exclusive control over production, selling, and marketing of the variety . The Act also recognizes farmers’ rights to save, use, exchange, and sell farm produce.

15. 4. PROVISIONAL PATENT ( IN PROCESS) A P rovisional Patent application is an initial, simplified filing with a patent office that establishes an early filing date for an invention but does not mature into an issued patent unless followed by a full (non-provisional) patent application. It allows inventors to secure “ patent pending” status for 12 months , giving time to refine the invention, assess commercial viability, or seek funding. It’s less formal and less expensive than a full patent application, requiring only a basic description and drawings. To gain patent rights, the inventor must file the complete application within the 12-month window, claiming the provisional application's priority date. If your invention is not fully ready or you don’t have all the details yet, you can file a provisional patent. It reserves your right to the invention and establishes a priority date (the date from which your idea is legally recognized). After filing, you have 12 months to file a complete (full) patent application with all details. It does not give full patent protection on its own, but it helps you secure your claim while you develop your invention.

16. W HY PATENTS AND COPYRIGHT MATTERS? Protection of Innovation - Safeguards inventions and original creations from unauthorized use or copying . Encouragement of Creativity - Grants exclusive rights to incentivize creators to innovate and produce new works. Economic Growth - Drives new industries, generates jobs, and increases revenue through commercialization . Monetization Opportunities - Allows owners to license, sell, or franchise their intellectual property for income . Competitive Advantage - Secures market exclusivity, helping businesses stand out from competitors . Legal Enforcement - Provides tools to legally stop infringement.

17. Attraction of Investment - Makes companies more attractive to investors by showcasing valuable IP assets. Promotion of Knowledge Sharing - Encourages disclosure of inventions and creative works while protecting rights . Brand Identity Protection - Protects logos, designs, and creative content that build brand reputation. Support for Cultural Development - Ensures creators benefit financially from artistic and cultural works, promoting diversity. Facilitation of Research and Development - Encourages innovation by requiring public disclosure in exchange for protection. Consumer Trust Enhancement - Helps consumers identify authentic and quality products or content.

18. Section Subject/ Type Description 3 (a) Frivolous or contrary to natural laws Perpetual motion machine or device that defies gravity 3 (b) Contrary to public order or morality Harmful chemical process or Biological Weapon 3 (c) Mere discovery of scientific principle or natural substance Discovery of a natural mineral or organism 3 (d) New form/use of known substance without enhanced efficacy New use of a known drug without improved results 3 (e) Mere admixture of known substances Mixture of known drugs without new property 3 (f) Arrangement or duplication of known devices A pen with a flashlight attached 3 (g)     3 (h)     3 (i)     3 (j)     3 (k)     3 (l)     3 (m)     3 (n)     3 (o)     3 (p)     4     Sec 3 & 4 – NOT PATENTABLE IN I NDIA Section Subject/ Type Description 3 (a) Frivolous or contrary to natural laws Perpetual motion machine or device that defies gravity. 3 (b) Contrary to public order or morality Harmful chemical process or Biological Weapon. 3 (c) Mere discovery of scientific principle or natural substance Discovery of a natural mineral or organism. 3 (d) New form/use of known substance without enhanced efficacy New use of a known drug without improved results. 3 (e) Mere admixture of known substances Mixture of known drugs without new property. 3 (f) Arrangement or duplication of known devices A pen with a flashlight attached.

19. Section Subject/ Type Description 3 (g)     3 (h) Methods of agriculture or horticulture A method for increasing crop yield 3 (i) Medical, surgical, therapeutic, or diagnostic methods Surgical technique or method of treatment 3 (j) Plants and animals (except microorganisms) Hybrid seeds or animal breeds 3 (k) Mathematical, business methods, or computer programs Software algorithm or business model Section Subject/ Type Description 3 (h) Methods of agriculture or horticulture A method for increasing crop yield 3 (i) Medical, surgical, therapeutic, or diagnostic methods Surgical technique or method of treatment 3 (j) Plants and animals (except microorganisms) Hybrid seeds or animal breeds 3 (k) Mathematical, business methods, or computer programs Software algorithm or business model 3 (l) Aesthetic creations Artistic works like paintings or music 3 (m) Schemes, rules, or methods for mental acts or games Teaching methods or chess rules

20. Section Subject/ Type Description 3 (n) Presentation of information Display format for weather or data 3 (o) Topography of integrated circuits Protected separately under the Layout-Design Act 3 (p) Traditional knowledge or duplication of known properties Ayurvedic herbal composition 4 Inventions relating to atomic energy Any process or device for atomic energy production Section Subject/ Type Description 3 (n) Presentation of information Display format for weather or data 3 (o) Topography of integrated circuits Protected separately under the Layout-Design Act 3 (p) Traditional knowledge or duplication of known properties Ayurvedic herbal composition 4 Inventions relating to atomic energy Any process or device for atomic energy production

21. DIFFERENCE BETWEEN INDIAN, CANADIAN AND UK PATENT

22. Patent of Addition exists in India but not in Canada or the UK. Subject matter exclusions vary slightly, e.g., Canada may allow some business methods under certain conditions. The overall procedure and term are broadly similar (20 years, first-to-file, 18-month publication ).

23. BASIC UNDERSTANDABILITY OF PATENT PROCESS

24. PATENT FILING PROCESS IN INDIA There a re 4 Patent Offices in India

25. CHENNAI IPR BRANCH OFFICE 2656+ H2H, Anna Salai, Guindy Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai, Tamil Nadu 600032. ADDRESS LANDMARKS Guindy Bus Stop Guindy Railway Station MSME Bhawan Kathipara Junction Olympia Tech Park DOTE CAMPUS Directorate of Technical Education ( DoTE ), 53, Sardar Patel Road, Guindy , Chennai – 600025.

26. STEP-BY-STEP PROCEDURE TO FILE A PATENT IN INDIA Check if your invention is new, involves an inventive step, and is industrially applicable . Make sure it’s not excluded under Section 3 and 4 of the Indian Patents Act . Conduct a Patent Search (Optional but Recommended). Use the Indian Patent Advanced Search System or global databases. Draft the application including - Title of the invention, Abstract (summary ), Detailed description, drawings (if any ), claims defining the scope of invention, Declaration and power of attorney (if applicable ). File the application online or at any of the four Indian Patent Offices (Delhi, Mumbai, Chennai, Kolkata ). Note the filing date - this is the priority date .   The application number is given right when you file your patent application. This number acts like an ID to track its progress throughout the patent process.

27. 7. The patent application is published automatically after 18 months from the filing date . Early publication can be requested by the applicant . 8. File a request for examination (RFE) within 48 months from the priority date. The patent office assigns a patent examiner to review the application. 9. An examination report (First Examination Report, FER) is issued. 10. Incase of any objections, the applicant must reply to objections raised in FER, typically through written submissions or hearings. 11. If the examiner is satisfied, the patent is granted and published in the Patent Journal. 12. The patent is valid for 20 years from the filing date, subject to payment of renewal fees.   13. Post-Grant Opposition - Any third party can file an opposition within one year from the grant of the patent.

28. WRITING PROCEDURE FOR PATENT PUBLISHED / GRANT Form 1 – Preparation of Application : THE PATENTS ACT 1970 (39 OF 1970) and THE PATENTS RULES, 2003 - Section 7, 54 and 135 and sub-rule (1) of rule 20) Form 2 – Complete Specification that comprises of: Description about the Field of the Invention Background of the Invention Field of the Invention Listing out brief description of the Drawings Brief Description of the Invention Abstract of the Invention preferably using Statistical Model

29. Form 3 – Statement Undertaking by Inventors : THE PATENTS ACT, 1970 (39 of 1970 ) & THE PATENT RULES, 2003 – Section 8, rule 18 Form 5 – Declaration as to Inventorship With all Inventors details specified along with affiliation Title of the invention Indian Nationals Duly signed by the Agent for the Application (Registered Agent) Form 9 – Request for Publication : T HE PATENTS ACT, 1970 ( 39 of 1970 ) & THE PATENT RULES, 2003 - Section 11A(2); rule 24A) Drawings Sketched

30. HOW TO TRACK APPLICATION STATUS Title : The Effects of Numerical Divisibility on Loneliness Perceptions and Consumer Preferences Patent Number : 247 Application Number : 202541057855 Date of Filing : 16.06.2025 Date of Publication : 27.06.2025

31. Step 1 : Google Search as IPR SEARCH

32. Step 2 : Click on to the IP India - Patent Search (iprsearch.ipindia.gov.in)

33. Step 3 : Click on to the Application Status -------------- Type your Application Number and Capcha Code properly ---------------- Click Show Status

34. Step 4 : Click on to the View Documents -------- Download all the PDF available from here for future reference

35. DESCRIPTION ON FIELD OF THE INVENTION

36. BACKGROUND OF THE INVENTION

37. SUMMARY OF THE INVENTION

38. BRIEF DESCRIPTION OF THE DRAWINGS

39. BRIEF DESCRIPTION OF THE INVENTION

40. ABSTRACT

41. FORM 5 – DECLARATION S ection 10(6), rule 13(6) THE PATENTS ACT, 1970 (39 of 1970 ) & THE PATENT RULES, 2003

42. SKETCHING OF FIGURES – DRAWINGS

43. FORM 1 – APPLICATION PREPARATION

44. FORM 9 – REQUEST FOR PUBLICATION

45. FORM 3 – UNDERTAKNG STATEMENT NY INVENTORS

46. COMMON MISTAKES TO AVOID IN PATENT AND COPYRIGHT Patent Mistakes 1.Not checking existing patents – Someone may already have your idea . 2. Publicly sharing the idea too early – Talking about or showing it before filing can ruin your chances . 3 . Poor description – Not clearly explaining how it works . 4 . Skipping professional help – Filing without expert advice can cause rejection . 5 . Missing deadlines – Late filings or renewals make you lose rights . Copyright Mistakes Not registering your work – You lose legal protection in disputes . Copying without permission – Even “a little” copying can be illegal . Thinking ideas are protected – Only the *expression*, not the *idea*, is copyrighted . Ignoring fair use limits – Not everything for “education” or “personal use” counts . No proof of ownership – Not keeping records of creation dates or drafts.

47. TEMPLATE OF MY COPYRIGHT (IN PROCESS)

48. DAIRY NUMBER RECEIVED – CHECK STATUS

49. SUBMISSION OF FRONT PAGE OF THESIS

50. SUBMISSION OF APPLICATION OF COPYRIGHT ------- PAYMENT TO BE MADE

51. DISCREPANCY OBSERVED COMMUNICATION

52. REPLY TO DISCREPANCY COMMUNICATION

53. LEGAL REMEDIES FOR COPYRIGHT INFRINGEMENT Injunction : Stop the person from continuing the infringement Damages : Get money for your losses or their profits Destruction of Copies : Remove all illegal copies Criminal Penalties : Fines or jail for serious offenders Legal Costs : Get back the money you spent on the case