MODULE 3 RM.pptx.pdf Research methodology

Notes

1. What are Intellectual property rights:
•Intellectual property rights are a common type of
legal IP protection for those who create.
•Types: patents, trademarks, and copyrights

2. The Importance of Intellectual Property Rights:
•The purpose of intellectual property rights is to
encourage new creations, including technology,
artwork, and inventions, that might increase
economic growth.
•Intellectual property rights increase the
incentives for individuals to continue to produce
things that further create job opportunities and
new technologies

3. Types of Intellectual Property Rights:
1.Patent
•Types of IP rights protection
•A patent is used to prevent an invention from being
created, sold, or used by another party without
permission.

4. There are three different categories that patents can fall
under:

•Utility: A utility patent protects the creation of a new or
improved product, process, composition of matter, or
machine that is useful.
An example of utility patent: Method for a driver assistance
system of a vehicle US9772626B2

•Design: A design patent protects the ornamental design on a
useful item.
An example of design patent: Electric bicycle USD845178S1

•Plant: A plant patent protects new kinds of plants produced
by cuttings or other nonsexual means.
An example of plant patent: Crapemyrtle plant named
‘JM1’ USPP31585P2

5. 2.Trademark
•Trademarks are another familiar type of intellectual property rights
protection.
•A trademark is a distinctive sign which allows consumers to easily
identify the particular goods or services that a company provides.
•Some examples include McDonald’s golden arch, the Facebook
logo, and so on.
•A trademark can come in the form of text, a phrase, symbol, sound,
smell, and/or color scheme.
•A trademark can protect a set or class of products or services

6. Certificate of grant of Trademark

8. 3.Copyright
•Copyright does not protect ideas. Rather, it
only covers “tangible” forms of creations
and original work
•For example, art, music, architectural
drawings, or even software codes.
•The copyright owner has the exclusive right to
sell, publish, and/or reproduce any literary,
musical, dramatic, artistic, or architectural
work created by the author.

9. Certificate of grant of Copyright

10. 4.Trade Secret
•Trade secrets are the secrets of a business. They are
proprietary systems, formulas, strategies, or other
information that is confidential and is not meant for
unauthorized commercial use by others.
• This is a critical form of protection that can help
businesses to gain a competitive advantage.
•To provide a minimum amount of protection,
•They can maximize the technology
• It provide the value of a creation and enable
world-changing technology to be developed, protected

11. Certificate of grant of Trade Secret

12. PATENTS:
Definition: A patent describes an invention for which
the inventor claims the exclusive right.
•It is covered under the act called the patents Act
1970[Amended by patents act,2005]
•It extends too the whole of India.
•It shall come into force on such date as the central
government may publish, by notification in the
official gazette.
INVENTION PATENTABLE IF……
✔NEW(Novel)
✔USEFUL
✔NOT OBVIOUS
✔PERTAINS TO PATENTABLE SUBJECT MATTER

13. Patentable Subject Matter:
Invention:
•Relates to a process or product or both
•Involves An inventive step
•Be capable Of industrial Application
•A machine
Life and Duration:
•Term of the patent is 20 years from the date of filling
for all types inventions.
•Priority date-first to file.
•The date of patent is the date of filling the
application for patent.
•The term of the patent is counted from this date.

14. Fees for filling patent:

•The government fee for filling a patent application in India is
750/- for individuals and 3,000/-for legal entities.
•No fee for 1
st
and 2
nd
year
•Renewal fee , on yearly basis , is required to be paid for 3
rd
to
20
th
for keeping the patent in force.
•Patent lapses if renewal fee is not paid within the prescribed
period.

15. Patent Holders In INDIA:
•The list of top 10 patents holders in India comprises only
pharmaceutical and bio-tech companies.
•In India,184 patents are held by the Council of
Scientific and Industrial Research , followed by
‘Ranbaxy’.
•While the top 10 patents holders across the world are
IT companies , in India , no IT firm has patents.
Youngest Patent-holder on wheelchair:
•JAIPUR: Drawing inspiration from scientist , a
wheelchair-bound nine year old but here has invented a
game of six-player circular chess. The boy ,
Hridayeshwar Singh Bhati has got the game’s design
patended in his name.

16. What Does a Patent Look Like?:

18. TRADEMARK:
•It is covered under the Act called the Trade Marks Act,1999
•The Act came into effect on September 15,2003.It replaced the Trade
and Merchandise Marks Act,1958.
•It extends to the whole of India.
•It shall come into force on such date as the central government may
publish , by notification in the Official Gazette.
Trademark a symbol , logo , word , sound ,color , design , or
other device that is used to identify a business or a product
in commerce.
Different Symbols are:
TM(trade mark): intent to use application field for
product
SM(service mark): intent to use application filed for
service
R : Registered trademark.

19. Registration Procedure:
•Application for search.
•Application for registration.
•Examination of trademark.
•Advertisement of trademark.
•Filing of opposition.
•Certificate issued.
Duration and Fees of trademark:
•Trademark is valid for 10 years from the date of application which
may be renewed for further period of 10 years on payment of
prescribed fees.
•Service mark Rights are reserved exclusively for owners for 17 year
and it can also be renewed.
•The Govt. fees is 2,500 for each class of goods or services.

20. Function of a trade marks:
•It identifies the service or product and its source
•It guarantees its capacity
•Advertisement of service of product.
Different types of trademark:
•A name(including personal or surname of the applicant or
predecessor in business or the signature of the person)
•Alphanumeric or letters or numerals or any combination
there of Image, symbol, monograms(handkarchief having
name in side), letters,etc
•Sound marks in audio format.

21. Who can apply for trademark?
•Any person which can be individual, company, or legal
entity claiming to be owner of the trademark can apply.
• The application for trademark can be filled within few
days and you can start using “TM” symbol.
•The time required for trademark registry to complete
formalities is 8 to 24 months.
•You may use registered symbol next to your trademark
once your trademark is registered and registration
certificate is issued.

22. Documents required for filling a Trade Mark
application in INDIA:
•Trademark or logo copy.
•Applicant details like name, address, and
nationality and for company: the state of
incorporation.
•Goods or service to register
•Date of first use of the trademark in India
•Power of botony to signed by the applicant in
100rs stamp paper.

23. Applicability Of Trademark:
•A trademark is a sign “Used on” , or in connection with the
marketing of goods or services.
a)Set apart from surrounding text…
Correct use:
Raymond Textile is India’s leading producer of worsted suiting
fabric with over 60% market share.
‘Raymond Textile is India’s producer of worsted suiting fabric with
60% market share.
Incorrect use:
Raymand Textile is India’s leading producer of worsted
suiting fabric with over 60% market share.

24. B)Specify font,size , proportion and placement:

25. C)Do not change spelling:
Correct use:- Calvin klein,Tommy Hilfiger,MPC POTTERIES
GWALIOR
Incorrect use:-Kalvin Klein,Tommy Hilfiger,MPC P/G

Essential Features:
•It should be distinctive.
•TM should preferably be an invented word Eg:ZEN(chinees circle
of togetherness)
•It should be easy to pronounce and remember if it is word mark
•In case of a device mark-should be capable of being described by
a single word.
•It was be easy to spell correctly and write legibly
•It should not be descriptive
•It should be short
•It should satisfy the requirements of the registration.

26. THE COPYRIGHT ACT:
What is Copyright?
•Its an exclusive right of the copyright holder. One form of creation and
original work
•It’s a right to copy or reproduce the work for which the author has got the
copyright.
•It’s a right to do or authorizing others to do certain acts.
•It’s a product of human skill& his mental capacity to do something
creative.
Subject matter of the copyright?
•Cinematography
•Artistic works
•Dramatic works
•Musical works
•Literary
•Sound recording
•Computer programs.etc

27. INTRODUCTION:
•British period:
In India the first copyright act was introduced in the year
1847
Again in the year 1911 an Copyright Act was passed in
England based on which India copyright act 1914 was
passed.
•After Independence:
Soon after independence Indian government passed the
Copyright act in the year 1957.

28. The treaties which has influenced the change in
the above act is:
1.The beme convention 1896
2.The universal copyrights convention 1940
3.The WIPO(world intellectual property organization)
Copyright treaty.etc.

Copyright:
Copyright has its origin in the 20
th
century copyright is a
form of intellectual property , which deals with
protecting the rights of a copyright holder.

29. Nature of Copyright?
•It creates “Right in re”
•It’s a form of “incorporeal property”(intangible)
•Copyright is both a positive and a negative
Objectives of copyright act?
•Its main objective is to encourage the authors ,music composers
, singers to create their original piece of works by granting them
exclusive
•To stop misuse of copyright.
•Its helps in protecting the rights of the person who holds the
copyright.
•The copyright holder is give both the civil remedies and the
criminal remedies in case of infringement
•The copyright protection is given for a longer period of time.

30. Who is an author?
•Literary and dramatic work….author of the work.
•Artistic work…the artist
•Musical work….the composer
•Photography……the photographer
•Cinematography….the producer
•Computer program….the programmer.
Advantages of copyright registration?
•The certificate copy of registration which is acts an evidence of the
authorship.
•Its helps the author to take immediate legal action.
•The registration certificate is useful to author and his successors to
establish their title in the case of dispute
•It helps to prove the copyright in the foreign countries

31. •It is help full for the government in levying and collecting
royalty and pay the same to the copyright holder.
•Prior registration helps in determination of licensing

Copyright Board:
•The board consists of a chairman and not more than
fourteen other members
•The chairman is appointed for a period of five years
•A person in order to become the chairman of the copyright
board should be judge of an high court or should have been
qualified to be a judge of an high court.
•The register of the copyright is the secretary of the
copyright board.

32. Powers and procedures of the copyright board?
•Power to regulate its own affairs including the fixing of
places and the times of sittings.
•The chairman has the right to constitute benches and
special benches in order to dispose the cases before it.
•The normal bench consists of not less than 3 members and
the special bench consists of not less than 5 members.
•While deciding the cases if there are any difference in the
opinion between the members than the majority opinion
will prevail.
•If there is no majority than the decision on the chairman
prevails.
•The chair man has the power to authorize any of the board
members to exercise their powers

33. Copyright Office:
•Is established under the control of the registrar of copyright
, who shall act under the directions of the central
government.
•There shall be a seal of copyright.
•The main work of the office is to control , administer and
apply the provisions of the act.
•Central government appoints the registrars and the deputy
registrars from time to time.

34. Rights of a copyright holder?
•Right to reproduce
•Right to communicate to public
•Right to issue new copies of the work
•Right to have a copyright for fixed terms
•Right to assign
•Right to grant licence

35. Functions of the copyright board?
•To inquire regarding the date of publication of the work.
•To inquire regarding the term of a copyright is shorter in any
other country.
•To solve the disputes regarding the assignment of copyright.
•To provide the licences to the public in the Indian works which
were withheld from publishing .
•To provide licences for unpublished Indian works.
•To provide the compulsory licences to produce and publish the
translations

36. Registration of copyright?
Register of copyrights : its is the book maintained by the copyright office
which maintains the record of the
❑The description of the work
❑The names of the author , publishers or owners of copyrights
❑The address of the author , publishers , owners of the copy rights.
❑Other prescribed particulars

37. Term of the copyright?
•In case of artistic , dramatic and literary works and musical
works the term of copyright is….lifetime plus 60 years
from the date of death.
•In case of the works of public undertaking and work of
international organization….the term of copy right is 60
years from the date of its publication

38. DESIGN ACT:
▪This act may be called the Design Act,2000
▪It extends to the whole of India

What is design?
“Design” means only the features of shape, configuration,
pattern, ornament or composition of lines or colors applies
to any article whether in two dimensional or three
dimensional or in both forms, by any industrial process or
means, whether manual, mechanical or chemical, separate
or combined

39. Appeal for cancellation of the registration of a design:
•The registration of a design may be cancelled at any time
after the registration of design on a petition for
cancellation in from 8 with a fee of Rs.1500/-to the
controller of designs on the following grounds:
1.That the design has been previously registered in India
2.That it has been published in India
3.That the design is not new or original
4.The design is not registrable.
Cost of filing design application in India:
•The fee for filling application for registration of design
in India is Rs 1,000/-.

40. Penalty for the piracy of registered design:
•Min 25,000/-
•maximum of Rs 50,000/-

41. Geographical Indications
•India, as a member of WTO(world trade
organizing), enacted the Geographical
Indications of Goods (Registration and
Protection) Act, 1999.
•It came into force with effect from 15th
September 2003. Geographical Indicators have
been defined under Article 22 (1) of the WTO
Agreement on TRIPS.

42. Industrial Design
•The need to protect Industrial Designs (ID) was recognized
in the 18th century and the Indian legislation enacted the
Patterns and Designs Act in 1872 for the first time.
•The Act was enacted to protect the rights over the creation
of the designs and novel patterns by the inventors.
•The Act was replaced by the British Patents and Designs
Act in 1907, which later became the basis for the Indian
Patents and Designs Act, 1911.
•In 1970, a separate Act was enacted for the patent, i.e. the
Patent Act, 1970. The Indian Patents and Designs Act, 1911,
remained in force for designs only.
•Finally, in the year 2000, a dedicated Act for the ID was
passed, which came into force in 2001.

43. Semiconductor Integrated Circuits and
Layout designs
• In the 21st century, Information Technology (IT) has
revolutionized the economic and societal growth of the
world economy.
• The rapid and tremendous scientific advancements in the
field of IT resulted in the creation of a new class of IP called
the Layout-Design of the Semiconductor Integrated Circuits.
•Various organizations, including WTO and TRIPS Agreement
laid down rules and regulations regarding the protection of
Semiconductor Integrated Circuits and Layout Designs
(SICLD)
• India being a member of the WTO also passed an Act called
the SICLD Act, 2000. This Act is TRIPS compliant and fulfils
the conditions of the TRIPS agreement (Articles. 35 to 38)
concerning the protection of SICLD.

44. Plant varieties
•Till 1970s, not much emphasis was laid on patentable
matter originating from animals and plants. However,
microbes and microbial products/processes were
patentable.
• To include all kinds of biological materials under the ambit
of patent laws, a decision to enact a new sui generis law
under the International Convention for the Protection of
New Varieties of Plants (UPOV, 1978) and UPOV, 1991 was
taken.
• These decisions were taken to address environmental and
public interest concerns.
•The Indian Patents Act, 1970 excludes ―plants and animals
in whole or any part thereof other than microorganismsǁ
from patentability.
•To comply with the mandate of Article 27.3 (b) of TRIPS,
India adopted the Protection of Plant Varieties and Farmers
Rights (PPV&FR) Act, 2001 as a sui generis regime
protecting not only new plant varieties but also farmer‘s
rights

45. Biodiversity conservation
•In 1927 the ―Indian Forest Actǁ and later on the
―Wildlife Protection Actǁ 1972 was enacted to
provide legal protection to biodiversity.
•In 1988, the ―National Forest Policyǁ was passed,
which brought revolutionary changes in the
conservation and management of biodiversity.
•The Acts and policies in force to protect the
environment and biodiversity in India include Mining
and Mineral Development Regulation Act, 1957;
•Water (prevention and control of pollution) Act, 1974;
Forest Conservation Act, 1980;
•Biological Diversity Act, 2002; Scheduled Tribes and
other Traditional Forest Dwellers (recognition of rights)
Act, 2006;
•National Biodiversity Action Plan, 2009; National
Environment Policy, 2006 and a few more.

46. MAJOR AMENDMENTS IN IP LAWS AND ACTS IN INDIA
•1856 -The Act VI of 1856 on the protection of inventions
based on the British Patent Law of 1852.
•1859 - Rights renamed as "Exclusive Privileges" .Time for the
priority increased from 6 months to 12 months.
•1883 -The Patterns and Designs Protection Act
•Introduction of novelty in the invention.
•A grace period of 6 months for the disclosure of the invention.
•1911 - Renamed as "The Indian Patent and Design Act" and
brought under the management of "Controller of Patents“
•1930 - Introduction of Patent of Addition. Government can
use the invention if required. The term of patent protection
increased from 14 to 16 years.
•1945-Filing of the provisional specification to secure the
priority date. Provision of submitting complete specifications
within 9 months.

47. •1949 - Dedicated Committee formed under the leadership
of Justice Bakshi Tek Chand for reviewing patent system as
per the national Environment.
•1950 - A working statement needs to be submitted at the
Patent Office . Endorsement of the Patents with the words
"License of Rightǁ on the application made by the
government so that the Controller could grant The license
•1952 - Provision of "Compulsory License" in the areas of
food, medicine and insecticide germicide.
•1965 - After incorporation of the recommendation
submitted by the committee formed in 1949, a new bill was
introduced in Lok Sabha but was not cleared.
•1967 - Again submitted to Parliamentary Committee.1911
Act remained applicable for Designs.
•1970 - The Patent Act, 1970 passed by the Parliament
Committee.
•1972 -The Patent Act, 1970 came into force with the
introduction of patent rules.

48. •1995 - TRIPS Agreement was signed by India and got
transition period 1995- 2005 to make domestic laws
compatible with TRIPS. 1995 TRIPS Agreement was
signed by India and got transition period 1995- 2005 to
make domestic laws compatible with TRIPS.
•2002 - The uniform 20-year term of the patent for all
inventions. Disclosure of source and geographical
origin of biological material made compulsory.
Establishment of Appellate Board. Compulsory License
provisions strengthened.
•2003 -The Patents Rules, 2003 were introduced
•2005 - Product patent for inventions in all fields of
technology including food, drug, chemicals and
microorganisms. New forms of known substances
excluded in order to prevent the ever greening of the
patent. Introduction of the pre-grant opposition.
Introduction of post-grant opposition. Extension of
grace period to 12 months.

49. COPYRIGHTS AND RELATED RIGHTS
•1847 - The concept of Copyrights in India was introduced.
Validity - Lifetime+7 years but not more than 42 years in
total.
•1914 - Copyright Act, 1914 was introduced based on the
Imperial Copyright Act, 1911 of UK.
•1957 - Copyright Act, 1914 was replaced with Copyright Act,
1957 with minor modifications
•1984 - Penalty on second and subsequent conviction
•1994 - Registration of Copyright Society made mandatory
•2012 - To comply with international Treaties for copyrights
protection in the digital environment. Right to receive
royalties for authors and music composers. Exception of
copyrights for physically disabled persons to access any
work.
•2013 - Copyrights Rules, 2013 introduced

50. TRADEMARKS
• 1940 -Trademarks Registry established in India.
• 1958 - The Trade and Merchandise Marks Act,
1958 enacted as per TRIPS Agreement.
•1999 - Amended to avoid duplicity and ensure
securing proprietors trade and goodwill
• 2002 -Trademarks Rules introduced.
•2010 -Amended to comply with Madrid Protocol
for international filing. Provision for filing
opposition of the registration within 4 months.
•2013 - Trademarks Rules introduced

51. GEOGRAPHICAL INDICATIONS
•1999 - Being a member of the World Trade
Organization (TRIPS), GI of goods (Registration
and Protection) Act was introduced.
•2002- The Geographical Indications of Goods
(Registration and Protection) Rules, 2002 was
introduced.
• 2003 - The Geographical Indications of Goods
(Registration & Protection) Act came into force

52. INDUSTRIAL DESIGNS / DESIGNS
•1872 - Patterns and Designs Protection Act
introduced for the protection of new patterns and
designs.
• 1888 - Amended as Invention and Design Act,
1988 for the protection of new inventions and
designs.
• 1911 - Renamed as The Indian Patent and Design
Act.
•2000 - Design Act, 2000 was introduced;
separated from the Indian Patent and Design Act.
•2001 - Design Rules, 2001 introduced.

53. SEMICONDUCTOR INTEGRATED CIRCUITS:LAYOUT
DESIGNS (SICLD)

•2000 - Semiconductor Integrated Circuits
Layout Design (SICLD) Act 2000 introduced as
a signatory of WTO.
• 2001 - SICLD Rules introduced.

54. PROTECTION OF PLANT VARITIES AND
FARMERS RIGHTS
•1970 - The Patent Act, 1970 excluded plants
and animals in whole or in any part from
patentability (in 1999 amendments).
•1991 - Enactment of protection of new
varieties of plants on sui generis basis on the
lines of UPOV.
•2001 - In line with TRIPS Agreement
enactment of PPV&FR Act was introduced.

55. BIOLOGICAL DIVERSITY
• 2002 - The Biological Diversity Act, 2002
introduced on the lines of the Convention on
Biological Diversity (CBD, 1992).
• 2003 - Establishment of National Biodiversity
Authority. Designation of repositories under
the Biological Diversity Act
• 2004- Biological Diversity Rules introduced.

56. PROCESS OF PATENTING
In India, the process of grant of a patent is a lengthy
procedure that may take anywhere 3- 4 years or more.

57. •While the process of patenting includes – Prior art
search,
•Choice of Application to be Filed,
•Patent Application Forms,
•Jurisdiction of Filing Patent Application, Publication,
•Pre-grant Opposition,
• Examination,
•Grant of a Patent,
• Validity of Patent Protection,
•Post grant Opposition

58. PRIOR ART SEARCH
•Before filing patent process, he should ensure that his
invention is novel as per the criterion for the grant of
a patent or not.
•he/she has to check whether or not his invention
already exists in the public domain.
• For this, he/she needs to read patent documents and
Non-Patent Literature (NPL), scientific
journals/reports/magazines, etc.
• The information lying in the public domain in any
form, either before the filing of the patent application
or the priority date of the patent application claiming
the invention, is termed as Prior Art.
•Purpose of PAS is tracks research and development
and provides access to detailed information on the
invention. And it provide validity and freedom to
operate.

59. The commonly used databases for prior art
search fall in two categories i.e. Patents
Databases and NPL. The patent databases are
•Indian Patent Advanced Search System
•Patentscope
•Espacenet
• USPTO
• Google Patents Advanced Search
•Derwent Innovation

60. PATENT APPLICATION FORMS
•As per the Patent Act, 1970 (Section 39) and the Patents Rules,
2003 (Rule 7, 54, 135 and sub rule (1) of rule 20, the application
for the grant of patent is filed using Form-1 and Form-2.
•The information sought in Form-1 is general in nature i.e. Title of
Application, Names of Applicant(s) and Inventor(s), Type of
Application (Ordinary, Convention, PCT-NP (PCT- National Phase),
Divisional, Patent of Addition, etc.).
• Whereas Form-2 seeks technical information and whether to file
the provisional application or complete the application.
• For Provisional Application, only Description of the Invention
and the Abstract is to be furnished.
•Whereas, Complete Application requires Description of the
Invention, Abstract, Claims and the manner in which invention
have to be performed.
• The Claims of the patent are a very crucial part of the
specifications because they define the actual boundary of the
invention.
•Pct-np:past time limit&national phase(18m appl date,30-priority
date,+12 buf.p)

68. PUBLICATION
•Once the patent application has been filed at the
Regional Patent Office, the patent application is
kept secret for 18 months in the Patent Office.
•After the expiry of 18 months (from the date of
filing of the application or the priority claimed
date, whichever is earlier), the application is
published in the Official Journal of Patent Office
(http://www.ipindia.nic.in/journalpatents.html).
• The purpose of publishing the application is to
inform the public about the invention. The
publication of an application is a mandatory step.

69. PRE-GRANT OPPOSITION
•If anybody has an objection to the invention claimed in the patent
application, he/she can challenge the application by approaching
the Controller of Patents within 6 months from the date of
publication. It is termed as Pre-grant Opposition.
•Depending on the outcome of the case, the patent application
may be rejected or recommended for the next step, i.e. patent
examination.
•Although the patent application is kept secret for 18 months, but
under special circumstances, this period can be reduced when the
patentee/applicant plans to sell or license the patent or seek an
investor).
• For this, the applicant has to fill a Form-9 and submit it to the
Controller General

70. EXAMINATION
•Patent examination is a critical step in the process of grant
of a patent. All the important criteria (novel, inventive
step, etc.) are scrutinized by the professionals depending on
the content of the invention.
• Usually, the examiner raises certain queries/doubts which
need to be addressed by the inventors. Once the examiner
is satisfied with the answers received from the inventors,
the application is recommended for the grant of a patent.
•The applicant or his representative has to make a request
for examination of the patent by filing Form-18A and
submitting the same within 48 months from the date of
filing of the application

71. GRANT OF PATENT
• After fulfilling all the requirements for the grant of a
patent, including all objections/queries raised by the
Patent Examiner and the public at large, the patent is
granted to the applicant.
•The granted patent is published in the Official Journal
of the Patent Office.
•This journal is published every Friday and contains
information related to patent applications published
under section (u/s) 11A, post-grant publication,
restoration of patent, notifications, list of
non-working patents and public notices issued by the
Patent Office.

72. VALIDITY OF PATENT PROTECTION
• The patent protection is granted to an applicant for a limited period,
generally 20 years, starting from the date of filing of the application.
• Once a patent is granted for an invention in India, the next vital step is to
ensure that it is renewed annually by paying Patent Renewal Fee as per
Section 53, Rule 80 of the Indian Patents Act, till the expiry of the patent
grant period.
•Non-payment of Patent Renewal Fee might result in the cancellation of the
patent.
• In some countries, patent protection may be extended beyond 20 years.
•The extension aims to compensate for the time expended on the
administrative approval procedure before products can be put on the
market. The time taken for this procedure means that the patent owner
may sometimes not be able to benefit from his right for a considerable
period after the grant of the patent

73. POST GRANT OPPOSITION
•Once the patent has been granted by the Patent
Office, it still can be challenged by anyone within
one year from the date of publication of the
grant of the patent.
• The granted patent can be challenged either via a
Patent Office or in a Court of Law.
•These bodies may invalidate or revoke a patent
upon a successful challenge by the interested
party on the grounds mentioned below:

74. PATENT RELATED FORMS
• There are over 30 patent-related forms.

75. FEES STRUCTURE
•As per the patent Act, 1970 and The Patents
Rules (1972), the requisite fee has been
specified based on the type of form/s to be
submitted to the Office.
• Electronically filed applications are 10%
cheaper than physical filing.

77. TYPES OF PATENT APPLICATIONS
•Provisional Application
• Ordinary Application
• PCT Application
•Divisional Application
•Patent of Addition Application
•Convention Application

78. COMMONLY USED TERMS IN
PATENTING