Presntation For Level C

Government of India - भारत सरकार
National Intellectual Property Awareness Mission

(NIPAM)
IPR AND ITS PROTECTION IN INDIA
By
Abhishek Singh
Examiner of Patents & Designs , Patent Office Chennai
www.ipindia.gov.in
email: nipam-chennai@gov.in
DISCLAIMER AND COPYRIGHT
o Please do not copy/ record or reproduce any part of this PPT without
written permission from O/o CGPDTM.
o Please do not share the same with others/any media without written
permission from O/o CGPDTM.
o The sole intention of this PPT is to spread awareness and for the
educational purposes. We do not intend to advertise any entity in any
form.
o We do not claim ownership of any of the pictures displayed on this

PPT unless stated otherwise. All the pictures are copyright to their
respective owner(s).
Suggestions for improvement of this material will be gratefully

Why are we here?
3
Global innovation index (GII)
GII ranking of India GII index 2021
4
Create awareness to 1 To show true
million students before potential of India
15th Aug 2022, across in terms of IPR
India filings
Intellectual Property: A Property, which has been created by
exercise of Intellectual Faculty: Invention, literary, artistic works,
etc.
6
Intellectual Property Rights:
--- commercial exploitation.
--- recognition
7
Common
Businessman
Person
Commercialize
Pride
Brand Value
Academics
Earn and Invest
8
9
Intellectual Property Everywhere.
Are you writing a novel these days?

- Go for a Copyright.
Are you panning a start up?

- Register for a Trademark.
Do you like designing ornament?

- Go for a Design registration.
Are you inventing a device?

- A Patent can protect your invention.
Are you developing a website/ app? 10

- Go for a Copyright.
Intellectual Property
Patents
Designs
Trade Marks
Copyrights
Semiconductor Integrated Circuits Layout-Designs
Geographical Indications
Protection of undisclosed information/Trade Secret according to TRIPs

agreements.
11
Patents
12
What is Patent
Patent (a) –only to an invention.
(b) - exclusive right

- excluding others from “making, using, exercising, vending and
importing” ones invention, without her permission.
- A negative right.
(c) - by sovereign or state
13
What Is Patent : Patent – only to an invention.
14
Patent – only to an invention
SHOES CREATING- ANTI-GRAVITY ILLUSION
Open patents.google.com and search US5,255,452
15
https://www.npr.org/sections/therecord/2018/05/22/613306407/michael-
jacksons-gravity-defying-lean-continues-to-fascinate
What is Patent

- excluding others from “making, using,
exercising, vending and importing” ones invention,
without her permission.
- A negative right.
16
The benefits to society
In exchange for disclosing the invention in a patent

specification -- any one having average skill in the
art can reproduce the invention.
----Improvement of Technology.
S&T Database.
Patent as a public property 17


- excluding others from “making, using,
exercising, vending and importing” ones invention,
without her permission.
- A negative right.
18
Patents: Rights-Territorial; Search-
Global. “International Patent”???
19
Simple invention –Huge Profit
Osher and several partners developed the SpinBrush in 1999 and then, in 2001,
sold the rights to Procter & Gamble for $475 million (calculated to todays
exchange rate = 3524 Cr Indian Rupee).
20
Simple invention –Huge Profit
Ring Pull Cans:

The inventor licensed the patent to Coca-Cola at 1/10 of a penny per can.
During the period of validity of the Patent the inventor obtained 1,48,000 UK
pounds a day (calculated on today’s exchange rate: 1.48 crore/ day).
21
Disclaimer: Not an advertisement, representation for education purpose.

A must: Be careful about publishing
aspect before filing the application
Chapter VI of the Act (Section 29-34).
-a grace period of 12 months???
- a journal
- exhibition organised by the Government
- any learned society
NOT ABSOLUTE.
22
Milstein Story: monoclonal antibodies
1975: presentation monoclonal antibodies

Publication in "Nature“ before filing the patent application. Milstein missed
the patent.
1984: Milstein and Kohler were awarded Noble Prize.

23
(As said, he probably missed the millions of dollars).
Criterion of granting a patent:
New/ Novelty: Not published before the date of patent application.
Inventive step: means a feature of an invention that involves technical

advancement as compared to the existing knowledge or having economic
significance or both that makes the invention not obvious to a person skilled in
the art.
Capable of industrial application: in relation to an invention, means the invention

is being made or used in an industry.
Not within the purview of sections 3(a-p) & 4
24
Case1
Features Features No novelty,

F1, F2, F1, F2, F3 No inventive step
F3
Application Searched document

Case 2
Feature F3
Features Novel, But Not
F1, F2, Feature F1
inventive step
F3
Feature F2
25
Application
Searched documents
Non patentable inventions
Section 3 (a): Frivolous
Section 3 (b): Morality
Section 3 (c): formulation of an abstract theory.

. .
Section 3 (f): Mere arrangement or re-arrangement of known devices
Section 3 (h): Method of agriculture or horticulture
Section 3 (k): ……a computer programme per se or algorithms
Section 3 (l): A literary, dramatic, musical or artistic work or any other aesthetic creation -
including cinematographic works - television productions is not patentable.
26
Section 3 (o) Topography (layout design) of integrated circuits is not patentable.

Patent
Application Filing
27
Filing Procedure
Submission of hard copy in The appropriate patent office.
- post
- in office
Online filing
q E-comprehensive file through portal
https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin
Require
-digital signature
or
- e-sign.
28
Want to file Patent Application in
India what to do? What forms
should I fill? How much is the fee?
Form-1:- Details of Application, Applicant Fees need to be paid
Form-2:- Details of Invention (Title, Background of Invention,

Particular of Drawings, Brief description of Drawing, Brief
Description of the Invention, Claims, Abstract, Drawings) Fees
not required (30 pages, 10 Claims)
Form-3:- Details of foreign Filing of Similar Invention Fees not

required
Form-5 :- Declaration as to inventorship Fees not required
Form-18:- Request for Examination (shall be filed within 48 29

months from the earliest priority date / filing date, if not filed,
application deemed to be withdrawn) Fees need to be paid
Fees e-filing in INR
Forms Natural Person or Other than natural (E.

startup or Small Entity g. Company)
Or Educational
Institute
Form-1 1600/- 8000/-
Form-2 No Fees up to 30 pages No Fees up to 30
and 10 claims pages and 10 claims
Form-3 ---- ----

Form-5 ---- ----
Form-18 4000 20000
Total** 5600/- 28000/-
**Refer First Schedule of The Patents Rule, 2003 (As 30

amended) for more details.
Patent
Application
Processing
31
Patent Application
PCT Convention Ordinary
Provisional
12 months from
Specification
31 months from 12 months or
the date of earliest the date of earliest
section 9(4)
priority priority
Complete Specification
Expiry of
18 months
Immediately published as is already published or not before Published u/s 11A after the expiry of 18
18 months months
Examination of application by Examiner of

Patents & Designs, Report put up to
Controller of Patents & Designs, Issue of
First Examination Report
Compliance by applicant within 6 months or 6+3
months (3 month extension by submitting
Form4)
Examination of amendments by Examiner of

Subsequent Examination Report
32
Hearing and Disposal (Grant / Reject)
Examination
• Formal Examination
Examination • Technical Examination
First Examination • Gist of objections are communicated to the

Report applicant.
Examination on • Check reply, re-examine, remove the objections

which met the requirement, communicate the
reply of Applicant pending objection to the applicant
• Technical discussion on pending objection

Hearing between applicant and hearing officer(s).
• Decision to grant or refuse the Patent based on

Grant or Refusal pending objections and submissions of the 33
applicant
Basic Timelines
Particulars Time
Provisional to Complete specification 12 Months
Withdrawal of Application 15 Months
Publication 18 Months
Request for Examination 48 Months
Reply to FER 6 Months
Hearing Submission 15 days 34

Designs
35
Design
Procter and gamble, one of the largest consumer products company in one of the top few filing the
application for industrial designs.
36

Functional Aspect of A Design
Design must be an appeal to the eye.
Sole criterion of judgement must be the eye.
functional value/ utility ??
Pure functional design ??
partly functional and partly appealing.
37
DESIGN OF AN ARTICLE
38
INDUSTRIAL DESIGNS
The Designs Act, 2000
The Designs Rules, 2001
The Designs (Amendment) Rules, 2021(latest)
DESIGN means –
-------features of shape, configuration, pattern, ornament or
composition of lines or colours
--------applied to any article
--------by any industrial process or means
39
--------judged solely by the eye.
Article [Section 2(a)]:
Article means any article of manufacture and any substance,

artificial or partly artificial and partly natural and includes any part of
article capable of being made and sold separately.
40
Hridayeshwar Singh Bhati – Pradhan Mantri Rashtriya Bal Shakti Puraskar, 2020
41
Duchenne muscular dystrophy.
Filing of Design Applications
42
For physical filing DD in favour of “Controller of Designs”
payable at Kolkata
Requirements to file an Ordinary Application
1. Fee (Rs. 1000/- for individual/Small entity/Startup and Rs. 4000/-

for others).
2. Application Form-1.
- class
3. Two sets of Representation illustrating various views of article

43
Specimen of Representation Sheet
Name……. Total sheet….
Sheet No…..
Perspective View
The novelty resides in the shape & configuration of the ‘TEA POT' as
illustrated.
No claim is made by virtue of this registration in respect of any mechanical
or other action of any mechanism whatever or in respect of any mode or
principle of construction of the Article.
No claim is made by virtue of this registration to any right to the exclusive
use of the words, letters, numbers, or trade marks appearing in the
representation. 44
Dated: Signature of the applicant/agent

IMPORTANT TIMELINES FOR ORDINARY
APPLICATIONS
1. Term of Design (Initially for 10 years from the date of filing)

Extendable by another 5 years
2. Request for renewal to be filed within 10 years
3. Request for restoration of lapsed designs to be filed within 1 year of

from the date of cessation.
45
Copyrights
46
CopyRight
47
Subject matter of copyright
Literary works Artistic works
[S. 2 (o)] [S. 2 (c)]
Dramatic works Musical works

[S. 2 (h) [S. 2 (p)]
Sound Recording Works Cinematographic Films

[S. 2 (xx)] [S. 2 (f)]
48
Section 3 (b): Mortality

. .
49
Section 3 (o): Topography (layout design) of integrated circuits is not patentable.

computer software/ --------- under literary
computer program? work
Websites?. --------- component-wise.

Separate application for
each component.
Apps?
---------- under literary
work. 50
Who all are the authors and owner of the work?
(section 2(d))
Literary or Dramatic Work Author
Music Work Music Composer
Artistic Work Other Artist

Than A Photograph
Photograph Person who is the

taking photograph
A cinematographic film Producer

or Sound
Literary, Dramatic, Music

or Artistic work which is computer-generated.--- The
person who causes the work causes the work to be created.
51
Idea Expression Dichotomy
52
Idea Expression Dichotomy
1978: R. G . Anand v. Deluxe Film

Play: Hum Hindustani
Film: New Delhi
Supreme Court
--- Idea/ subject matter/ plots/ historical facts.
--- form/ manner/ arrangement and expression.
--- Test- viewer 53

Idea-Expression Dichotomy
• 2003: Karishma- The Miracles of Destiny (Sahara Tv)
Plaintiff: Barbara Taylor (A Woman of Substance, 1979).

Defendant: Sahara Tv
54
Supreme Court –the idea can not be given copyright.
Bundle of Rights
Reproduction Right • Preventing others of making copies of your work

• Right to reproduce work in material form
• Dissemination of physical copies of work

Distribution Right
• Right of rental
Right to create • Adaptations, translations, compilations

derivative works • Cinema, sound recordings
Right of • Relaying of work by distant or interactive

communication to communication means
public
Right of public • Right to perform the work in public

performance
55
Rights of Authors of Copyrighted Works
Copyright
Moral Rights
(S. 57)
Economic Rights
(S. 14)
Transferrable rights. May be assigned

to other owners for a sum of money or Non transferrable rights. They
royalties depending on the proposed remain with the original author.
usage of the work. 56
Scope of Moral Rights
Right
against • honor and reputation of the author.
Distortion
• work’s cultural or artistic integrity
(Integrity)
Right of
Recognitio
• claim to be the author of the work and to
n have that authorship recognised.
(Authorship
/ • author’s name mentioned.
Paternity) 57
A landmark case 1987:
58
Term of Protection (S. 22)
Published literary/ Dramatic, Life of author + 60 years
Artistic and Musical work
Cinematographic Film and Sound 60 years from date of

Recording publication
Broadcast Reproduction Rights 25 years from the year

following the year of broadcast
Performance Right 50 years from the year

following the year in which
performance is made
59
Application Procedure
(Visit www.ipindia.gov.in)
such application can be filed in the Copyright Office by person or by

post
Or
by e- filing facility.
Fee: Demand Draft / Indian Postal Order favouring "Registrar Of

Copyrights Payable At New Delhi“
OR
60
through E payment Each.
Examination of Application
Prescribed fees (schedule 2)

S. No. Class of Work Fees
1. Literary, Dramatic, Artistic, Musical 500-/ INR
2. Artistic
(To be used or capable of being used on 2000-/ INR
goods and services)
3. Sound Recording 2000-/ INR
4. Cinematograph Films 5000-/ INR

61
Quick timeline in copyright.
30 days waiting period.

---- in case of an objection, a
hearing is done (presence of both parties).
45 days are given for examination.
i.e. 2-3 months to complete the process.
In case, the applicant is not happy with the

decision, she has 3 months to raise the objection.
62
Trade Marks
63
Subject matter of Trade Marks
q Invented words
q Numerals
q Combination of both
q Arbitrary dictionary words
q Marks constituting 3-d design
q Shapes
q Sound Marks
64
Trade Marks
One of the most important IP from commercial point of view.
q Not just a name, symbol or logo; its actually the identity of the
brand.
q distinguishes the source of the goods or services of one trader

from those of others
q Allows a business entity to build public goodwill and brand

reputation.
q Assures customers about quality of goods or services.
Example: Make sure to have a trademark if you are planning for a startup.
65
66
Beige Key LLC agreed to acquire the
worldwide rights from Meta financial
company names for $60 million in cash
67
Trademark
Harvey Ball, USA,1963,
Franklin Loufrani, France 1971 68

Why you should go for a trademark
registration?
trademark registration
- not necessary;
You can have your own trademark.
unregistered trademark
- protected only in its own geographical
69
area of business.
Infringement of your (unregistered) trademark;
prove:
(a) similarity
(b) geographical presence
If your trademark is registered, you will have to

prove just (a).
70
How to indicate your Trade Mark
Registered/Unregistered/
Only when Registered
Application Pending
71
SICLD
Semiconductor Integrated Circuits Layout-Design
72
Introduction of SICLD
3(o) topography of integrated circuits is not patentable.
"Semiconductor Integrated Circuit (SIC)" means a product having transistors and other circuitry
elements, inseparably formed on or inside a semiconductor or insulating material, designed to perform
an electronic circuitry function.
“Layout-Design" : layout of transistors and other circuitry elements and includes lead wires connecting
such elements and expressed in a manner in SICs.
SICLD is an important IPR for protection of products with fast changing technologies, such as
electronic gadgets, computers etc.
73
SICLD Processing and Uses
74
SICs: Basis of advanced electrical, electronics and IT technologies
Geographical Indication (GI)
A geographical indication (GI) is a sign used on products that have a
specific geographical origin and possess qualities or a reputation
6/13/2022
that are due to that origin.
75
KOLHAPUR
JAGGERY
Refer : https://search.ipindia.gov.in/GIRPublic/Application/Details
Different IPs in a Single Product
LED display- Patent

Body of laptop- Design
Apple sign- Trade Mark
User Manual- Copyright
layout of IC- SICL Design
76

Validity
Patents- 20 years term
There is nothing called global / international patent
Designs- 10 years + 5 years
Trade Marks- Indefinitely subject to renewal (initially for 10 years)
GI-Indefinitely subject to renewal (initially for 10 years)
Copyright (Published literary/ Dramatic, Artistic and Musical work)-
lifetime of the author + sixty years
Who can Apply:- Person (Individual not for GI) or legal representative
Person includes:- Firm, partnership, small entity and a body corporate
All IP rights are territorial in nature

77
78
contact details for further training
Rajiv Gandhi National Institute of Intellectual

Property Management (RGNIIPM),
03, Hislop College Road, Civil lines, Near
Nagpur University, Nagpur,
Maharashtra - 440001
Phone: 0712 –2542961 / 2542979 / 2540913 /
2540922
Email: rgniipm.ipo@nic.in
Website: https://ipindia.gov.in 79
80
Thank You
www.ipindia.gov.in
81
QUIZ
82
Activity: Find the famous Trademarks?
83
Activity: Find the famous Trademarks?
84
Find the IP
1 2
5
85
Which type of IP protects the painting
painted by artists?
▪ Copyright
▪ Geographical indications
▪ Patents
▪ Designs
▪ Trademarks
86
What protects the intellectual property
created by fashion designers?
▪ Copyright
▪ Patents
▪ Designs
▪ Trademarks
87
What protects the advanced disk brake
for bike developed by the inventors?
▪ Copyright
▪ Patents
▪ Designs
▪ Trademarks
88
What does a trademark protect?
▪ An invention
▪ A work of art
▪ Logos, names and brands
▪ A secret formula
89
How long can a patent last?
▪ 10 years
▪ 20 years
▪ 40 years
▪ 60 years
90
If you write an original story, what type
of intellectual property gives you the
right to decide who can make and sell
copies of your work?
▪ Copyright
▪ Patents
▪ Designs
▪ Trademarks
91
If a company develops a new technology
that improves its main product, what type
of intellectual property can they use to
stop others from copying their invention?
▪ Copyright
▪ Patents
▪ Designs
▪ Trademarks
92
Thank You
www.ipindia.gov.in
93
Expedited Examination
Start Up
Small entity
Applicant is a female (or Joint applicant with
other natural persons)
Department of the Government and other Govt.
Establishments…(Refer Rule 24C(1) )
India as a ISA/IPEA in PCT
An agreement between Indian Patent Office and a
foreign Patent Office
94
**Refer provisions of The Patents Rule, 2003 (As amended) for further details.
Examination ordinarily within one month and not
exceeding two month from the date of reference of
the application to examiner.
FER by controller within one month from the date

of receipt of such report by controller.
95
Utilization and commercialization
License or
Own Use Assign
Earn
Merchandise
Franchise
(Disney)
96
‘Set of Articles’ [Rule 2(e)]
‘Set’ means a number of articles of

the same general character ordinarily
sold together or intended to be used
together; all bearing the same design,
with or without modification not
sufficient to alter the character or
substantially to affect the identity
thereof.
97
DESIGN OF SET OF ARTICLES
‘Set’ means a number of articles of
the same general character ordinarily
sold together or intended to be used
together; all bearing the same design
98
99
"The Gods Must Be Crazy" – 1980: “I simply used a coke bottle because it
is such a recognizable form”: The Director
100

Coca-cola story
Coca-Cola bottle: “distinctively shaped contour”
Company started in 1896.
It started using the bottle of this shape since 1916.
1961, the Coca-Cola bottle was recognized as a trademark.
Consecutively it kept on getting the trademarks in most of the countries.
101
Shape of Coca-Cola bottle wins official trademark registration in
Japan after court fight: 2008
102
Criterion of
Judging a
Patent.
103

the art.

104
Non patentable subject matter:
105
Patent
Application Filing
106
Patent
Application
Processing
107
Filing Procedure
Submission of hard copy in The appropriate patent office. (Not
available for Patent agents)
Online filing
Require digital signature.
108
Comprehensive e-filing portal
109


required


Or Educational
Institute
Form-1 1600/- 8000/-
Form-3 ---- ----

Form-5 ---- ----
Form-18 4000 20000
Total** 5600/- 28000/-

Start Up
Small entity
112

113
(k) a mathematical or business method or a
computer programme per se or algorithms;
(l) a literary, dramatic, musical or artistic work or

any other aesthetic creation whatsoever including
cinematographic works and television productions;
(o) topography of integrated circuits;
114
Section 3 (b): Mortality

. .
115
Section 3 (o) Topography (layout design) of integrated circuits is not patentable.

Patent
Application Filing
116
Filing Procedure
Submission of hard copy in The appropriate patent office.
- post
- in office
Online filing
Require
-digital signature
or
- e-sign.
117
Comprehensive e-filing portal
118


required


Or Educational
Institute
Form-1 1600/- 8000/-
Form-3 ---- ----

Form-5 ---- ----
Form-18 4000 20000
Total** 5600/- 28000/-

Start Up
Small entity
121

122
Patent
Application
Processing
123
Patent Application
PCT Convention Ordinary
Provisional
12 months from
Specification
31 months from 12 months or
the date of earliest the date of earliest
section 9(4)
priority priority
Expiry of
18 months
Immediately published as is already published or not before Published u/s 11A after the expiry of 18
18 months months
Examination of application by Examiner of

First Examination Report
Compliance by applicant within 6 months or 6+3
months (3 month extension by submitting
Form4)
Examination of amendments by Examiner of

Subsequent Examination Report
124
Hearing and Disposal (Grant / Reject)
Examination
• Formal Examination
Examination • Technical Examination
First Examination • Gist of objections are communicated to the

Report applicant.
Examination on • Check reply, re-examine, remove the objections

which met the requirement, communicate the
reply of Applicant pending objection to the applicant
• Technical discussion on pending objection

Hearing between applicant and hearing officer(s).
• Decision to grant or refuse the Patent based on

Grant or Refusal pending objections and submissions of the 125
applicant
Basic Timelines
Particulars Time
Provisional to Complete specification 12 Months
Withdrawal of Application 15 Months
Publication 18 Months
Request for Examination 48 Months
Reply to FER 6 Months
Hearing Submission 15 days 126


the art.

127
Case1
Features Features No novelty,

F1, F2, F1, F2, F3 No inventive step
F3
Application Searched document

Case 2
Feature F3
Features
Novel, But Not
F1, F2,
Feature F1
inventive step
F3
Feature F2
128
Application
Searched documents

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Government of India - भारत सरकार

National Intellectual Property Awareness Mission

Examiner of Patents & Designs , Patent Office Chennai

o We do not claim ownership of any of the pictures displayed on this

Suggestions for improvement of this material will be gratefully

--- commercial exploitation.

Are you writing a novel these days?

Are you panning a start up?

Do you like designing ornament?

Are you inventing a device?

Are you developing a website/ app? 10

Semiconductor Integrated Circuits Layout-Designs

Protection of undisclosed information/Trade Secret according to TRIPs

Patent (a) –only to an invention.

(b) - exclusive right

(c) - by sovereign or state

Patent (a) –only to an invention.

(b) - exclusive right

(c) - by sovereign or state

In exchange for disclosing the invention in a patent

Patent as a public property 17

(b) - exclusive right

(c) - by sovereign or state

(c) - by sovereign or state

Ring Pull Cans:

Disclaimer: Not an advertisement, representation for education purpose.

-a grace period of 12 months???

1975: presentation monoclonal antibodies

1984: Milstein and Kohler were awarded Noble Prize.

Inventive step: means a feature of an invention that involves technical

Capable of industrial application: in relation to an invention, means the invention

Not within the purview of sections 3(a-p) & 4

Features Features No novelty,

Application Searched document

Section 3 (b): Morality

Section 3 (c): formulation of an abstract theory.

Section 3 (h): Method of agriculture or horticulture

Section 3 (k): ……a computer programme per se or algorithms

Section 3 (o) Topography (layout design) of integrated circuits is not patentable.

Form-2:- Details of Invention (Title, Background of Invention,

Form-3:- Details of foreign Filing of Similar Invention Fees not

Form-5 :- Declaration as to inventorship Fees not required

Form-18:- Request for Examination (shall be filed within 48 29

Forms Natural Person or Other than natural (E.

Form-3 ---- ----

**Refer First Schedule of The Patents Rule, 2003 (As 30

PCT Convention Ordinary

Examination of application by Examiner of

Examination of amendments by Examiner of

First Examination • Gist of objections are communicated to the

Examination on • Check reply, re-examine, remove the objections

• Technical discussion on pending objection

• Decision to grant or refuse the Patent based on

Provisional to Complete specification 12 Months

Withdrawal of Application 15 Months

Request for Examination 48 Months

Reply to FER 6 Months