BCA401 IPR ReferenceAdditionalLearnings

BCA Semester IV
BCA 401: Intellectual Property Rights

Reference Additional Learnings
1 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

Unit: 1 Introduction to Intellectual Property
1.1 Concept & Meaning of Intellectual Property
1.2 Nature & Characteristics of Intellectual Property
1.3 Different Types of IPR
1.3.1 Copyright,
1.3.2 Patent,
1.3.3 Trademarks,
1.3.4 Designs,
1.3.5 Geographical indications,
1.3.6 Semiconductors,
1.3.7 Plant varieties,
1.3.8 Trade Secrets.
1.4 Brief about Patent, Copyright, Trademarks Overview
1.4.1 Registration Process
1.4.2 Validity and Rights
1.4.3 IPO Website
1.1 Concept & Meaning of Intellectual Property
- Intellectual property refers to creations of the mind: inventions; literary and artistic works; and
symbols, names and images used in commerce.
- Intellectual property is divided into two categories:
1. Industrial Property includes patents for inventions, trademarks, industrial designs and
geographical indications.
2. Copyright covers literary works (such as novels, poems and plays), films, music, artistic works
(e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related
to copyright include those of performing artists in their performances, producers of
phonograms in their recordings, and broadcasters in their radio and television programs.
- An efficient and equitable intellectual property system can help all countries to realize intellectual
property‘s potential as a catalyst for economic development and social and cultural well-being.
- The intellectual property system helps strike a balance between the interests of innovators and the
public interest, providing an environment in which creativity and invention can flourish, for the benefit
of all.

1.2 Nature & Characteristics of Intellectual Property
- Intellectual properties have their own peculiar features. These features of intellectual properties may
serve to identify intellectual properties from other types of properties:
1. Territorial
Any intellectual property issued should be resolved by national laws. Why is it an issue? Because
intellectual property rights have one characteristic which other national rights do not have. In
ownership of intellectual property of immovable properties, issues of cross borders are not
probable. But in intellectual properties, it is common. A film made in Hollywood can be seen in
other countries. The market is not only the local one but also international. If a design in China is
imitated by another person in France which law would be applicable?
2. Giving an exclusive right to the owner
It means others, who are not owners, are prohibited from using the right. Most intellectual
property rights cannot be implemented in practice as soon as the owner got exclusive rights. Most
of them need to be tested by some public laws. The creator or author of an intellectual property
enjoys rights inherent in his work to the exclusion of anybody else.
3. Assignable
Since they are rights, they can obviously be assigned (licensed). It is possible to put a dichotomy
between intellectual property rights and the material object in which the work is embodied.
Intellectual property can be bought, sold, or licensed or hired or attached.
4. Independence
Different intellectual property rights subsist in the same kind of object. Most intellectual property
rights are likely to be embodied in objects.
5. Subject to Public Policy
They are vulnerable to the deep embodiment of public policy. Intellectual property attempts to
preserve and find adequate reconciliation between two competing interests. On the one hand, the
intellectual property rights holders require adequate remuneration and on the other hand,
consumers try to consume works without much inconvenience. Is limitation unique for
intellectual property?
6. Divisible (Fragmentation)
Several persons may have legally protected interests evolved from a single original work without
affecting the interest of other right holders on that same item. Because of the nature of
indivisibility, intellectual property is an inexhaustible resource. This nature of intellectual
property derives from intellectual property‘s territorial nature. For example, an inventor who
registered his invention in Ethiopia can use the patent himself in Ethiopia and License it in
Germany and assign it in France. Also, copyright is made up of different rights. Those rights may
be divided into different persons: publishers, adaptors, translators, etc.

1.3 Different Types of IPR
- Intellectual property rights are like any other property right.

- They allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own
work or investment in a creation.
- These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which
provides for the right to benefit from the protection of moral and material interests resulting from
authorship of scientific, literary or artistic productions.
- Intellectual property rights reward creativity and human endeavour, which fuel the progress of
humankind.
- Some examples:
- The multibillion dollar film, recording, publishing and software industries – which bring
pleasure to millions of people worldwide – would not exist without copyright protection.
- Without the rewards provided by the patent system, researchers and inventors would
have little incentive to continue producing better and more efficient products for
consumers.
- Consumers would have no means to confidently buy products or services without
reliable, international trademark protection and enforcement mechanisms to discourage
counterfeiting and piracy.
1.3.1 Copyright
Copyright is a legal term describing rights given to creators for their original literary,
musical or artistic works which allow them to control their subsequent use.
- These include for example:
 computer software
 drawings, maps, charts or plans
 photographs and films
 architectural works
 sculptures
 sound recordings
 TV and radio broadcasts
Copyright protection has two components:
1. Moral rights, which are not transferable and give the creator the right to be identified as the
author of the work and the right to object to any distortion or mutilation of the work.
2. Economic rights, which entitle the owner to control the use of its creation in a number of
ways (making copies, issuing copies to the public, performing in public, broadcasting etc)
and to obtain an appropriate economic reward.

- It is important to recognise that copyright is not a monopoly: Two people could independently
create identical items. Provided there is no copying, there is no infringement and both can hold
copyright in their respective works.
- Copyright Protection:
- The creators of such works automatically acquire rights at the date of the creation of the
work, which mean that they can control their further use.
-The only absolute requirement is that the work is original, i.e. not copied from
somewhere else and has required original intellectual effort by the author.
-There is no formal registration process required to obtain protection.
- However, some national laws allow registration of works.
- Additionally in some countries registration can serve as evidence in court in case of

infringement.
- The creator is the owner of the right but there can be situations e.g. employment
contracts or creation of a collective work where the ownership is transferred.
- In general, copyright protection lasts until 70 years after the death of the author. Though
some exceptions may apply.
-A field of rights related to copyright has rapidly developed over the last 50 years.
- These related rights grew up around copyrighted works.They provide similar protection,
although often more limited and of shorter duration.
- They cover a range of rights, which have been derived from copyright principles and are
granted to performing artists, producers of sound recordings, broadcasting organizations in
their radio and television programs, and creators/owners of databases etc.
1.3.2 Patent
- A patent is a title which provides its owner the right to prevent others from exploiting
the invention mentioned in the patent.
- It does not allow by itself making or selling an invention but it rather gives the right to
exclude others from making, using, selling or importing the patented invention.
- This monopoly is granted for a specific field, in a defined country and for a maximum of
20 years in return for the full disclosure of the invention with the publication of its
technical details.

-Hence patent consists on a deal between inventors and society:
1. For the inventor - a patent is the way to prevent competitors from copying its invention
2. For society - a patent consists on improving innovation process by the public disclosure of
innovations. In return investment is encouraged by the delivery of exclusivity right and the
derived benefits.
Requirement for Patent application:

1. The invention must be a patentable matter
- Some matters are excluded from patent protection and the invention must not be
contrary to public policy and/or morality.
2. The invention must be novel
- Any written or oral presentation of the invention where people could see how it works
destroys the novelty of the invention.
- The publication of research articles or the presentation of a prototype into an Exhibit fair
for example has to occur after the priority date (filing date of the application).
3. The invention must include an inventive step:
- This criterion implies that the solution your invention gives to a specific problem is not
obvious to a person with average knowledge of the technical field.
4. The invention must be susceptible of industrial application:
- Industrial application means that the invention cannot be purely theoretical, but it must
be possible to apply the invention for practical purposes. Industrial application includes
agriculture.
- Patents are granted by national patent offices or by regional offices that carry out examination
work for a group of countries.
- For example:
- The European Patent Office (EPO) and the African Intellectual Property Organization (OAPI).
- Under such regional systems, an applicant requests protection for an invention in one or more
countries, and each country decides whether to offer patent protection within its borders.
- The WIPO-administered Patent Cooperation Treaty (PCT) provides for the filing of a single
international patent application that has the same effect as national applications filed in the
designated countries.
- An applicant seeking protection may file one application and request protection in as many
signatory states as needed.

1.3.3 Trademarks,
- A trademark is a distinctive sign that identifies certain goods or services as

those produced or provided by a specific person or enterprise.
- It may be one or a combination of words, letters, and numerals.
- They may consist of drawings, symbols, three- dimensional signs such as the shape and
packaging of goods, audible signs such as music or vocal sounds, fragrances, or colours used as
distinguishing features
- It provides protection to the owner of the mark by ensuring the exclusive right to use
it to identify goods or services, or to authorize another to use it in return for payment.
- It helps consumers identify and purchase a product or service because its
nature and quality, indicated by its unique trademark, meets their needs.
- Registration of trademark is prima facie proof of its ownership giving
statutory right to the proprietor. Trademark rights may be held in perpetuity.
- The initial term of registration is for 10 years; thereafter it may be renewed from time to
time.
- TYPES OF TRADEMARKS
- Generic Trademarks
Words, symbols or devices that are not so distinctly distinguishing the goods from others are at
the weakest ends, as they are common terms used to identify the goods themselves. These are
termed as generic terms and are not protectable as trademarks.
- Descriptive Trademarks
Descriptive trademarks clearly denote or inform the specific purpose, functions, physical
characteristic and end use of the product.
- Suggestive Trademarks
Suggestive trademarks do not at a glance describe the goods for which the mark is used; yet they
rather require some imagination or perception to arrive at a conclusion about the nature of the
goods. Suggestive marks are inherently distinctive and protectable.
- The other types of trademarks include arbitrary marks and fanciful marks which are inherently
distinctive.

1.3.4 Designs,
Industrial designs refer to creative activity, which result in the ornamental or

formal appearance of a product, and design right refers to a novel or original design
that is accorded to the proprietor of a validly registered design.
- Industrial designs are an element of intellectual property.
- Under the TRIPS Agreement, minimum standards of protection of industrial designs have
been provided for. As a developing country, India has already amended its national legislation to
provide for these minimal standards.
- The essential purpose of design law it to promote and protect the design element of
industrial production.
- It is also intended to promote innovative activity in the field of industries.
- The existing legislation on industrial designs in India is contained in the New Designs Act,
2000 and this Act will serve its purpose well in the rapid changes in technology and international
developments. India has also achieved a mature status in the field of industrial designs and in
view of globalization of the economy, the present legislation is aligned with the changed
technical and commercial scenario and made to conform to international trends in
designadministration.
- This replacement Act is also aimed to enact a more detailed classification ofdesign to
conform to the international system and to take care of the proliferation ofdesign related
activities in various fields.
1.3.5 Geographical indications
- Gl are signs used on goods that have a specific geographical origin andpossess qualities or a
reputation that are due to that place of origin.
- Agricultural products typically have qualities that derive from their place of production
and areinfluenced by specific local factors, such as climate and soil.
- They may also highlight specific qualities of a product, which are due to human factors that can
be found in the place of origin of the products, such as specific manufacturing skills and
traditions.
- A geographical indication points to a specific place or region of production that

determines the characteristic qualities of the product that originates therein.
- It is important that the product derives its qualities and reputation from that place.
- Place of origin may be a village or town, a region or a country.
- It is an exclusive right given to a particular community hence the benefits ofregistration are
shared by the all members of the community.
- Recently the Gls of goods like Chanderi Sarees, Kullu Shawls, and Wet Grinders etc.
have been registered.
- Keeping in view the large diversity of traditional products spread all over the countrythe
registration under GI will be very important in future growth of the tribes /communities /skilled
artisans associated in developing such products.
1.3.6 Semiconductors,
- Semiconductor Integrated Circuit means a product having transistors and other circuitry elements,
which are inseparably formed on a semiconductor material or an insulating material or inside the
semiconductor material and designed to perform an electronic circuitry function.
- The aim of the Semiconductor Integrated Circuits Layout-Design Act 2000 is to provide
protection of Intellectual Property Right (IPR) in the area of Semiconductor Integrated Circuit
Layout Designs and for matters connected therewith or incidental thereto.
- The main focus of SICLD Act is to provide for routes and mechanism for protection of IPR in Chip
Layout Designs created and matters related to it.
- The SICLD Act empowers the registered proprietor of the layout-design an inherent right to use
the layout-design, commercially exploit it and obtain relief in respect of any infringement.
- The initial term of registration is for 10 years; thereafter it may be renewed from time to time.
- Department of Information Technology Ministry of Communications and Information

Technology is the administrative ministry looking after its registration and other matters.
1.3.7 Plant varieties
- Protection of New Plant Variety
- The objective of this act is to recognize the role of farmers as cultivators andconservers and the
contribution of traditional, rural and tribal communities to thecountry's agro biodiversity by

rewarding them for their contribution and to stimulateinvestment for R & D for the development
new plant varieties to facilitate the growthof the seed industry.
- The Plant Variety Protection and Farmers Rights act 2001 was enacted inIndia to protect the New Plant
Variety:
The act has come into force on 30.10.2005 through Authority.
- Initially 12 crop species have been identified for regt. i.e. Rice,
Wheat, Maize, Sorghum, Pearl millet, Chickpea, Green gram, Black gram. Lentil, Kidney bean etc.
- India has opted for sui- generic system instead of patents for protecting new plant variety.
- Department Agriculture and Cooperation is the administrative ministry looking after its registration and
other matters.
1.3.8 Trade Secrets.
- A trade secret can be protected for an unlimited period of time but a substantial element of
secrecy must exist, so that, except by the use of improper means, there would be difficulty in
acquiring the information.
- Considering the vast availability of traditional knowledge in the country the protection
under this will very crucial in reaping benefits from such type of knowledge.
- The Trades secret, traditional knowledge are also interlinked / associated with the geographical
indications.
1.4.3 IPO Website
- Intellectual Property Owners Association (IPO), established in 1972, is a trade association for
owners of patents, trademarks, copyrights and trade secrets.
-IPO serves all intellectual property owners in all industries and all fields of technology.
- IPO advocates for effective and affordable IP ownership rights and provides a wide array of
services to members, including: supporting member interests relating to legislative and
international issues; analysing current IP issues; information and educational services; and
disseminating information to the general public on the importance of intellectual property rights.

- IPO believes that IPR accelerate the innovation, creativity, and investment necessary to
address major global challenges, strive to maximize innovation across all industries and
improve lives throughout the world by fostering high quality rights and effective,
harmonized systems to obtain and enforce them, on behalf of all our members.
- IPO Principles:
1. IPO represent the interests of IP owners.
2. IPO believe IP rights drive innovation, which creates economic prosperity.
3. IPO believe that valid and enforceable IP rights are fundamental to both developed and
emerging economies.
4. IPO believe that advancing IP owners‘ interests requires global dialogue and
cooperation.
5. IPO seek to transparently address the needs of all members, foster relationships among
members and facilitate the ongoing exchange of information.
6. IPO ensure that IP systems apply without advantage or discrimination to all
industries and all technologies.
7. We believe in a sustained education focus for experts, professionals, and the public to
understand and appreciate the benefits of developed IP systems.
8. IPO strive to promote improvements and eliminate abuses in IP systems.
9. IPO seek to maintain ongoing, constructive engagement with governmental IP offices,
regulators and IP policy legislators globally.
10. IPO choose to lead IP initiatives or influence IP policy.
- IPO believes that the vitalityof the association and the IP profession is dependent on the contributions of
a community that reflectsthe diverse perspectives of a global economy.
- IPO is committed to inclusive practices and to providing services, professional development, and
leadership opportunities for its members and staff, which will ultimately inform and support a
strong intellectual property system.

Unit 2:IMPORTANT TERMINOLOGIES
True Inventor & Assignee:
Inventor:
- An inventor is a person who creates or discovers a new method, form, device or other
useful means that becomes known as an invention.
- The system of patents was established to encourage inventors by granting

limited-term, limited monopoly on inventions determined to be
sufficiently novel, non-obvious, and useful.
- Although inventing is closely associated with science and engineering, inventors are not
necessarily engineers nor scientists.
- The inventor maintains intellectual domination over the invention.
- An inventor has to contribute something to the conception of the invention, not merely
be the supervisor of the inventor or someone that acted under the direction and supervision
of the inventor.
Assignee:
- An assignee is the person who receives the right or property being given or transferred.
- The assignee is the entity that has the property right to the patent. Patents are
property.
- The typical Assignment includes language assigning the invention to the new owner
(called the Assignee). That new owner is usually either an employer or someone who
wishes to purchase the rights to the invention.
- The inventor and the assignee may be one in the same but an employee will
more than likely assign a patent to a company.
- The assignment of a patent is independent from the inventor ship.
- Sometimes, the Assignee will pay the inventor something even when the new patent
application relates to minor variations, to compensate for the inventor's time and trouble,
and of course to avoid disputes.
Concept of Novelty
- Inventions must be new and previously not known by others.

- New uses of known processes, machines and compositions of matter and
materials are patentable.
- A discovery is new unless more than one year has passed before the filing date of the patent.
- Here, the invention means:
- Described in a printed publication in any country
- Disclosed to public who are not under an obligation ofconfidentiality
- Offered for sale.
- It is one of the three conditions an invention must meet to be patentable.
-

- A patentable invention has to be new in the sense of forming no part of the state-of-art, it should
not have been published or be otherwise available in the public domain, whether in written or
oral form.
Non obviousness
- Obviousness is demonstrated by showing that an invention could bemade by merely applying

knowledge clearly present in a prior art.
- Prior art includes patents, publications and general knowledge inthe field(s) of the invention as
they existed at that time.
- A patent can be obtained for a new or improved machine, articleof manufacture, chemical
composition, process, computer softwarebusiness method or even an e-commerce business
model.
- However as per the Indian Patent Act, business model is not patentable.
- A patent allows an inventor to prevent anyone from producing, usingor selling his/her invention
unless he/she is paid for the privilege.
- APatent grants the right to inventor to control the fate of inventionin the market.
Industrial application
- In certain jurisdictions' patent law, industrial applicability or industrial application is

a patentability requirement according to which a patent can only be granted for
an invention which is susceptible of industrial application,
o i.e. for an invention which can be made or used in some kind of industry.
- In this context, the concept of "industry" is far-reaching: it includes agriculture, for instance.
- An example of invention which would not be susceptible of industrial application is that which is
useful in the private and personal sphere of a human being.
- In relationship with United States patent law, the utility requirement is a more or less
corresponding, but different, requirement.
Utility
- The usefulness of a patented invention.

- To be patentable an invention must operate and be capable of use, and it mustperform some
"useful" function for the society
- A utility patent applies to the way something is made, the waydevice operates, or a process for
accomplishing some utilitarianpurpose. The subject of a utility patent must result from human
activity.

Non patentable matters
Under the Indian Patent Act, 1970, certain inventions are not patentable, these are:
- Invention that is frivolous or that claims anything obviously contrary to the well-established
natural laws.
- Invention, the primary or intended use of which would be contrary to law or morality or
injurious to public health.
- Mere discovery of a scientific principle or the formulation of an abstract theory
- Mere discovery of any new property or new use for a known substance or a known process,
machine or apparatus unless such known process results in a new product or employs at least
one new reactant
- Substance obtained by a mere addition of mixture resulting only in the aggregation of the
properties of the components thereof or a process for producing such substance.
- Mere arrangement or rearrangement or duplication of known devices, each functioning
independently of one another in a known way.
- Method or process of testing applicable during the process of manufacture for rendering the
machine, apparatus or other equipment more efficient, or for the improvement or restoration of
the existing machine, apparatus or otherequipment, or for the improvement or control of
manufacture.
- Method of agriculture or horticulture.
- Inventions relating to atomic energy
- Mere scheme or rule or method of performing mental act or method of playing game
- Inventions relating to substances prepared or produced by chemical processes (including alloys,
optical glass, semiconductors and inter-metallic compounds) and substances intended for use or
capable of being used as food, no patent will be granted in respect of claims for the substances
themselves, but claims for the methods or processes of manufacture will be patented.
Priority Dates & Date of Filling
o The terms filing date and priority date are often used interchangeably, but they are not
the same.
o The filing date is the date when a patent application is first filed at a patent office.
o The priority date, sometimes called the "effective filing date", is the date used to
establish the novelty and/or obviousness of a particular invention relative to other art.
o The priority date may be earlier than the actual filing date of an application.
o If an application claims priority to an earlier parent application, then its priority date may
be the same as the parent.
o If a patent application is an original, non-provisional patent application, not a continuation
application, and not previously filed in another country, its filing date is usually the same
as its priority date.
o Priority Date may also refer to the earliest filing date of a particular feature of an
invention.
o Therefore, it is possible to have multiple priority dates if new features were subsequently
added in related applications.

Provisional and complete specification
o While applying for patent registration, one of the important legal documents to be filed
is the provisional or complete specification.
o Specification may be filed either as a provisional or as a complete.
- Provisional specification :
o A provisional specification is filed along with a patent application if the applicant feels
that the invention has reached a stage wherein it can be disclosed on paper, but has not
attained the final stage.
o Provisional specification is filed along with a patent application to secure a priority date
for the application over any other application which could be filed in respect of the same
invention being developed concurrently.
o Provisional specification should contain the title and description of the invention.
o All provisional specification should start with a preamble ―The following Specification
describes the invention‖.
o The description of the invention should start from the second page, starting with the field
of invention and containing the background of the invention, object of the invention and
statement of the invention.
o Claims should not be included in the provisional specification, as it is normally included
in the complete specification only.
o However, it is still advisable to include as much information as the applicant has at the
time of filing.
- Complete specification :
o Patent application must include a complete specification which is a techno-legal

document that fully and in detail describes the invention and the best method of
performing the invention.
o Complete specification is an extremely important document in the patent proceedings and
must be drafted by an experienced Patent Attorney.
o However, in some cases, the inventor might feel that the invention and requirement for
compiling a complete specification has not yet been achieved. In such cases, a provisional
specification can be filed along with a patent application to secure a priority date for the
application.
o On receiving the provisional specification, the Patent office would allot a filing date and
application number to the patent application. However, any application accompanying a
provisional specification is deemed to be abandoned if no complete specification is filed
within twelve (12) months from the date of filing of the provisional specification.

Prior Art, Anticipation, & Person Skilled in the Art
Prior art is any evidence that your invention is already known.
Prior art does not need to exist physically or be commercially available. It is enough that
someone, somewhere, sometime previously has described or shown or made something that
contains a use of technology that is very similar to your invention.
A prehistoric cave painting can be prior art. A piece of technology that is centuries old can be
prior art. A previously described idea that cannot possibly work can be prior art. Anything can be
prior art.
An existing product is the most obvious form of prior art. This can lead many inventors to make a
common mistake: just because they cannot find a product containing their invention for sale in
any shops, they assume that their invention must be novel.
The reality is very different. Many inventions never become products, yet there may be evidence
of them somewhere. That evidence - whatever form it may take - will be prior art.
There are no accurate statistics, but some experts estimate that for every recorded invention that
eventually reaches the market, ten never will. This means that if you want to find out if your
invention is novel, you should indeed search products past and present - but you should also
search much further.
The most important place for further prior art searching is the worldwide patent system. Some
patent databases - including the European Patent Office's free databaseEspacenet- contain 90
million documents, collected and indexed over many years by patent offices in many countries.
Anticipation
In patent law, anticipation refers to the prior invention or disclosure of the claimed invention by
another, or the inventor's own disclosure of the claimed invention by publication, sale, or offer to
sell prior to the inventor's application for a patent. In other words, if someone else has known
about or used the invention before the patent applicant applies for a patent, that patent applicant
will not be entitled to a patent.
Anticipation is a grounds for invalidating or rejecting a patent because it means that the claimed
invention lacks novelty. Patent invalidity based on lack of novelty, or anticipation, requires that
the invention was known or used by others before it was invented by the patentee. An invention is
said to be anticipated when it is too similar to an earlier invention to be considered novel. Because
novelty is a requirement for patentability, anticipated inventions are not patentable.
Person Skilled in the Art

A person having ordinary skill in the art (abbreviated PHOSITA), a person of (ordinary)
skill in the art (POSITA or PSITA), a person skilled in the art, a skilled addressee or simply a
skilled person is a legal fiction found in many patent laws throughout the world. This fictional
person is considered to have the normal skills and knowledge in a particular technical field,
without being a genius. He or she mainly serves as a reference for determining, or at least
evaluating, whether an invention is non-obvious or not (in U.S. patent law), or involves an
inventive step or not (in European patent laws). If it would have been obvious for this fictional
person to come up with the invention while starting from the prior art, then the particular
invention is considered not patentable.
In some patent laws, the person skilled in the art is also used as a reference in the context of other
criteria, for instance in order to determine whether an invention is sufficiently disclosed in the
description of the patent or patent application (sufficiency of disclosure is a fundamental
requirement in most patent laws), or in order to determine whether two technical means are
equivalents when evaluating infringement (see also doctrine of equivalents).
In practice, this legal fiction is a set of legal fictions which evolved over time and which may be
differently construed for different purposes. This legal fiction basically translates the need for
each invention to be considered in the context of the technical field it belongs to.
The patent act, WIPO, IPAB, International treaties, PCT route
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972,
replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the
recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar.
One of the recommendations was the allowance of only process patents with regard to inventions
relating to drugs, medicines, food and chemicals.
Later, India became signatory to many international arrangements with an objective of

strengthening its patent law and coming in league with the modern world. One of the significant
steps towards achieving this objective was becoming the member of the Trade Related Intellectual
Property Rights (TRIPS) system.
Significantly, India also became signatory of the Paris

Convention and the Patent Cooperation Treaty on 7thDecember 1998 and thereafter signed
The World Intellectual Property Organization(WIPO; French:Organisation mondiale de la

propriétéintellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN).
WIPO was created in 1967 "to encourage creative activity, to promote the protection
of intellectual property throughout the world". WIPO currently has 191 member states,
administers 26 international treaties, and is headquartered in Geneva, Switzerland. The current
Director-General of WIPO is Francis Gurry, who took office on 1 October 2008. 188 of the UN
member states as well as the Cook Islands, Holy See and Niue are members of WIPO. Non-

members are the states of Federated States of Micronesia, Nauru, Palau, Solomon Islands and
South Sudan. Palestine has permanent observer status.
The World Intellectual Property Organization (WIPO) is a United Nations (U.N.) agency charged
with protecting intellectual property (IP) through an international system that promotes and
sustains creativity and innovation and helps develop international economies.
WIPO is dedicated to protecting IP by working with worldwide organizations. It enlists the

cooperation of member states through the nine foundational goals of its Strategic Plan. Strategies
adopted by member states and organizations include:
• Developing a global IP infrastructure

• Building international respect for IP
• Supporting structures used to facilitate financial and administrative functions
• Implementing global policy issues related to IP
Other strategic goals outlined at the WIPO website are designed to facilitate the Strategic Plan of WIPO.
The Independent Payment Advisory Board, or IPAB, was to be a fifteen-memberUnited States
Governmentagencycreated in 2010 by sections 3403 and 10320 of thePatient Protectionand
Affordable Care Actwhich was to have the explicit task of achieving specified savings in
Medicare without affecting coverage or quality. Under previous and current law, changes to
Medicare payment rates and program rules are recommended byMedPACbut require an act of
Congress to take effect. The system creating IPAB granted IPAB the authority to make changes to
the Medicare program with the Congress being given the power to overrule the agency's decisions
through supermajority vote. TheBipartisan Budget Act of 2018repealed IPAB before it could take
effect.
The Independent Payment Advisory Board — or IPAB, for short — is a 15-person board created
by the Affordable Care Act. It is arguably one of the more controversial parts of Obamacare
because it gives unelected officials the authority to cut Medicare spending. What the board can‘t
do is equally important: the IPAB is not allowed to cut benefits out of the Medicare program. The
board is only allowed to reduce the amount that the federal government reimburses for those
benefits.
The IPAB doesn‘t have any membersright now because it only gets triggered when Medicare
costs grow a percentage point faster than the rest of the economy. Health costs are currently
growing at a slower rate than that threshold. Congress does have the authority to override IPAB‘s
recommendations, but does need a supermajority to do so.

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970.
It provides a unified procedure for filing patent applications to protect inventions in each of its
contracting states. A patent application filed under the PCT is called an international
application, or PCT application.
A single filing of a PCT application is made with a Receiving Office (RO) in one language. It then
results in a search performed by an International Searching Authority (ISA), accompanied by a
written opinion regarding the patentability of the invention, which is the subject of the application.
It is optionally followed by a preliminary examination, performed by an International
Preliminary Examining Authority (IPEA).Finally, the relevant national or regional authorities
administer matters related to the examination of application (if provided by national law) and
issuance of patent.
A PCT application does not itself result in the grant of a patent, since there is no such thing as an
"international patent", and the grant of patent is a prerogative of each national or regional
authority. In other words, a PCT application, which establishes a filing date in all contracting
states, must be followed up with the step of entering into national or regional phases to proceed
towards grant of one or more patents. The PCT procedure essentially leads to a standard national
or regional patent application, which may be granted or rejected according to applicable law, in
each jurisdiction in which a patent is desired.
Treaty, a binding formal agreement,contract, or other written instrument that establishes

obligations between two or more subjects ofinternational
law(primarilystatesandinternationalorganizations). The rules concerning treaties between states are
contained in theVienna Convention on the Law ofTreaties(1969), and those between states and
international organizations appear in the Vienna Convention on the Law of Treaties Between
States and International Organizations or Between International Organizations (1986).
The term treaty is used generically to describe a variety of instruments, including conventions,
agreements,
arrangements,protocols,covenants, charters, and acts. In the strict sense of the term, however,
many such instruments are not treaties. The key distinguishing feature of a treaty is that it is
binding. For example, whereas theUnited Nations(UN) Charter (1945) created a binding
agreement and is thus a treaty, the Charter of Paris (1990), which established theOrganization
forSecurity and Co-operation in Europe (formerly the Conference on Security and Co-
operation in Europe), is not a binding document as such and thus is not officially a treaty. Treaties
are expected to be executed in good faith, in keeping with the principle ofpacta sunt
servanda(Latin: ―agreements must be kept‖), arguably the oldest principle of international law.
Without this principle, which is explicitly mentioned in many agreements, treaties would be
neither binding nor enforceable.
Pre-Grant and Post Grant Opposition, Grant and sealing of Patents

The Patent laws of various countries provide a provision for opposition proceedings. Opposition
proceeding is an administrative process available under the patent and trademark law of many
jurisdictions which allows third parties to formally challenge the validity of a pending patent
application and a granted patent. Similarly, the Indian patent law also provides an opportunity to
the public to take part in a patent proceeding to challenge the patent applications and the granted
patents by raising objections by filing an opposition with the Indian patent office. The Indian
patent law provides two kinds of patent oppositions proceedings. The opposition proceedings
before the grant of a patent are usually called pre-grant and those after the grant are usually called
post grant opposition. In this blog we deal with the concept of pre-grant opposition system in
India.
Pre-Grant Opposition: Section 25(1) of the Indian patent (Amendment) Act 2005 provides a
provision for filing a pre-grant opposition against a patent application. Under this provision any
person, any third party or the Government may challenge the application of grant of patent and
inform to the controller of Patents of the opposition, in writing against the grant of a patent after
the application for a patent has been published and/but before the grant of the patent. Pre-grant
opposition acts as a defensive shield to confirm the validity of the patent applications before
patents are granted to them. The pre-grant opposition procedure acts as a safety net to capture
questionable patent applications before a patent is granted to them.
Pre-grant opposition can be made on the grounds listed under section 25(1) (a) to (k) of the Patent
Amendment Act, 2005:
 Wrongfully obtaining the invention

 anticipation by prior publication
 anticipation by prior date, Prior claiming in India
 Prior public knowledge or public use in India
 Obviousness and lack of inventive step
 non patentable subject matter
 insufficiency of description of the invention
 non-disclosure of information as per the requirement or providing materially
false information by an applicant
 Patent application not filed within 12 months of filing the first application in a
convention country
 Nondisclosure/ wrong mention of source of biological material o Invention
anticipated with regard to traditional knowledge of any community, anywhere in
the world.
Proceedings Under Pre-Grant Opposition: Any person can file a pre-grant opposition by way
of a representation to the Controller against the grant of patent based on any of the grounds
mentioned above. The representation is required to include a statement, a request for hearing and
evidence (if any) in support of the representation. The controller considers the representation only
after a request for examination for that patent application has been filed. After considering the
representation, the controller notifies the applicant with a copy of the representation. The
applicant is required to reply to the notification with his statement and evidence (if any) in
support of his application within three months from the date of the notice. The Controller then
based on the statement and evidence filed by the applicant either refuses the grant of the patent or
asks the applicant for amendment of the complete specification to his satisfaction. Finally, after
considering the representation and response by the applicant the controller proceeds further by
either rejecting the representation and granting the patent with amendments to the complete

specification or accepting the representation and refusing the grant of the patent within one month
from the completion of above proceedings.
In India, the opposition proceedings take place before the controller general of patents. The major
advantage of initiating opposition proceedings with the India patent office is that the whole
process is strictly time bound, therefore interested parties do not have to go through lengthy and
tedious procedures, which may also involve considerable time till the matter is decided. The cost
incurred in opposition is also minimal compared to litigation costs.
A patent is an exclusive right granted to the inventor of a new and useful article. The patent gives
the monopoly to the inventor to manufacture, market and sell his invention. Thus, it is very
important that patent is only granted to such inventions which deserve this exclusive right. It
should not be against public policy or welfare of the people of the country. Therefore, opposition
proceedings are provided to check the frivolous or bogus patent claims.
There are two stages, when opposition can be filed against the patent claim; pre-grant opposition
and post-grant opposition. A pre-grant opposition can be filed at any time after the publication of
the patent application but before the grant of the patent. Section 25(1) of the Indian Patents Act,
1970 provides for the grounds of pre-grant opposition.
A Post-grant opposition can be filed by any interested person within one year of the grant of the
patent. A ―person interested‖ includes a person engaged in, or in promoting, research in the same
field to which the invention relates. The interest can be manufacturing interest or trading interest,
but it must be a genuine commercial interest.
Section 25(2) of the Indian Patent Act, 1970, provides for the grounds of post-grant opposition. A patent
can be opposed on one or more of the following grounds:
1. Wrongful obtaining means the invention for which the patent is granted, is obtained
wrongfully from a opponent.
2. Prior Publication means the claims must be published before the priority date claimed in the
application in any Indian specifications or in any document in India or elsewhere. 3.Prior
claim means the claim made in the applicant‘s specification must be claimed in an earlier
specification and subject-matter of the claim should be same.
4. Prior public knowledge or public use means the invention claimed was publicly known or
used in India before the patent is claimed.
5. Obviousness or lack of inventive step means the claim must be obvious to a man skilled in
that field before the patent is claimed.
6. Invention not patentable includes those cases in Section 3-4 of the Indian Patents Act, 1970,
where certain inventions are specifically mentioned as not patentable.
7. Insufficient description of invention means the invention is clearly described and capable of
being ascertained by a skilled person of that field.
8. Failure to disclose information, regarding any applications about the same invention, which
might be filed in any foreign country.
9. Convention application is not filed within twelve months from the date of the first application
of the claim, made in a convention country.
10. Invention anticipated with regard to any traditional knowledge of any indigenous
community of India or anywhere in the world.
The grounds of the pre-grant opposition are similar to the grounds provided for the post-grant
opposition proceedings. This provides a strong and zero-error two-tier system of opposition to
check the wrongful monopoly of the patent holder. The post-grant Opposition acts as an
additional filter to the safety net of the pregrant opposition to filter questionable or frivolous
patent claims.
Where, a complete specification in pursuance of an application for a patent has been accepted and
either-
1. the application has not been opposed under section 25 and the time for the filing of the
opposition has expired; or
2. the application has been opposed and the opposition has been finally decided in favor of
the applicant; or
3. the application has not been refused by the Controller by virtue of any power vested in
him by this Act, the patent shall, on request made by the applicant in the prescribed form,
be granted to the applicant or, in the case of a joint application, to the applicants jointly,
and the Controller shall cause the patent to be sealed with the seal of the patent office and
the date on which the patent is sealed shall be entered in the register.
4. Subject to the provisions of sub-section (1) and of the provisions of this Act with respect
to patents of addition, a request under this section for the sealing of a patent shall be made
not later than the expiration of a period of six months from the date of advertisement of
the acceptance of the complete specification:
PROVIDED that-
(a) Where at the expiration of the said six months any proceeding in relation to the application
for the patent is pending before the Controller or the High Court, the request may be made within
the prescribed period after the final determination of that proceeding;
(b) Where the applicant or one of the applicants has died before the expiration of the time
within which under the provisions of this sub-section the request could otherwise be made, the
said request may be made at any time within twelve months after the date of the death or at such
later time as the Controller may allow.
(3) The period within which under sub-section (2) a request for the sealing of a patent may be
made may, from time to time, be extended by the Controller to such longer period as may be
specified in an application made to him in that behalf, if the application is made and the
prescribed fee paid within that longer period:
PROVIDED that the first-mentioned period shall not be extended under this sub-section by more than
three months in the aggregate.
Explanation: For the purposes of this section a proceeding shall be deemed to be pending so long
as the time for any appeal therein (apart from any future extension of that time) has not expired,
and a proceeding shall be deemed to be finally determined when the time for any appeal therein
(apart from any such extension) has expired without the appeal being brought.
Rights of Patentee and Term of Patent, Surrender,Revocation and Restoration

of patents
Rights of Patentee
Right to exploit the patent: The owner of the patent is granted the right to manufacture, use, sell
and distribute the patented item in India. If the invention is a procedure of production, the
patentee has the right to exercise and direct the method of the process. The agent of the patentee
can enforce this right.
Right to assign and license: the owner of the invention is granted powers to deal with the
patent in considerations of granting or assigning of license to others. In case there is more
than one inventor, the co-owner can delegate his rights to the granting of license with the
permission of the colleague in the invention and authorized by the controller.
Right to Surrender the Patent: A patentee with the permission of the controller can decide to
surrender the patent. When such a case arises, the controller will advertise the patent in line with
the rules governing the process in which he will notify the parties interested in the offer. The
interested person will write to notify the controller of his interest and if the controller is satisfied
with the positions of the patentee and the interested party, then the patent will be surrendered.
Right before sealing: Section 24 implies that a patent is sealed from the date of
notification for acceptance to the date of acceptance of the notification. The right of the
patentee begins after the notification for acceptance has been presented.
Right to apply for the patent of addition: this is expressed in sections 54 to 56 of the Act. A patent
of addition allows for the modifications in an existing invention and an applicant for notification
of acceptance is granted the rights to the patency of the same product or idea.
Right to make convention application: An Indian patentee can apply for the protection of
his patent in a convention in other countries.
Right in case of Infringement: when any of the rights of the patentee is violated, then it is an
infringement. When the invention of the patentee is distributed, sold, used and manufactured
within India, the right of the patentee has been violated. In case of an infringement, the owner of
the invention can approach a district court of competent jurisdiction to entertain the case.
Right to be issued duplicate patent: the Act states that the patentee has the right to apply to
the controller to issue a duplicate patent in event of theft or damage to the original.

Right to be supplied copies and certificates: this allows the patentee to be issued with certified
copies of the patents after the payment of a fee.
The Indian Patent Office is administered by the Office of the Controller General of
Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of
theGovernment ofIndiaand administers the Indian law of Patents, Designs and Trade
Marks.
Term of Patent
The term of every patent in India is twenty years from the date of filing the patent
application, irrespective of whether it is filed with provisional or complete specification.
However, in case of applications filed under the Patent Cooperative Treaty (PCT), the
term of twenty years begins from the priority date.
Surrender of Patents (s. 63). A patentee may, at any time by giving notice to the controller, offer
to surrender his patent. Any person interested may give notice of opposition to the surrender.
Revocation of patents (s. 64). The high court may revoke the patent (i) on a petition by
(a) any person interested; or (b) the central government, or (ii) on a counter claim in a suit
for infringement of the patent. Following are the grounds on which a patent may be
revoked;
(i) That the invention claimed in any claim of complete specification was claimed
already in a valid claim of the earlier priority date contained in complete
specification of another patent granted in India;
(ii) That the patent was granted on an application of the person not entitled to
apply for the patent;
(iii) That the patent was obtained wrongfully in contravention of the rights of the
petitioner;
(iv) That the claim of the complete specification is not an invention within the
meaning of the Act;
(v) That the invention as claimed, is not new having regard to what was publicly
known or used in India or elsewhere before the expiry date of the claim;
(vi) That the invention is obvious or does not involve any inventive step;
(vii) That the invention is not useful;
(viii) That the complete specification does not sufficiently and fairly describe the
invention and the method by which it is to be performed;
(ix) That the scope of the claim of the complete specification is not sufficiently and
clearly defined or is not fairly based on the matter disclosed in the
specification;
(x) That the patent was obtained on a false suggestion or representation;
(xi) That the subject of the claim is not patentable under the Act;
(xii) That the invention claim was secretly used in India;
(xiii) That the claimed invention failed to disclose the requisite information and
undertaking regarding the foreign application;
(xiv) That the applicant has contravened any direction for secrecy passed by
controller or the central government;
(xv) That the leave to amend the complete specification was obtained by fraud;
(xvi) That the revocation which the central government consider is necessary in the
interest of security of India;
Also a patent may be revoked by the High Court on the petition of the Central
Government if the High Court is satisfied that the patentee has without reasonable cause
failed to comply with the request of the Central Government to make, use or exercise the
patented invention for the purposes of government.
UNIT-3: Procedure for Obtaining of Patents [25%]
1. Application,
The Controller of Patents is the principal officer responsible for administering the patent system in
India. The Controller is the overall supervisor of the four Patent Offices in Chennai, Delhi,
Mumbai and Kolkata. Since the Controller also acts as the Registrar of Trademarks with the Head
Office of Trade Marks in Mumbai the Controller of Patents functions from his office in Mumbai.
Officially, the Head Office of Patents is in Kolkata (Calcutta). The Examiners of Patents appointed
under the Patents Act and other officers of the Patent Office discharge their functions under the
direction of the Controller.
Filing a patent application in the Indian Patent Office is the first step towards securing a patent to your
invention in India. To file a patent application, a set of forms has to be submitted to the patent office. The
forms can be submitted online if you have a class 3 digital certificate. Alternatively, you can send true
copies (hard copies) to the patent office. The patent office charges 10% additional fee if applications are
filed offline.
Please note that, the most important factor in filing a patent application is preparing a patent
specification. Drafting a patent specification is a highly skilled job, which can be only performed
by persons who have both technical as well as patent law expertise. If a person or company is
serious about protecting their intellectual property, it is highly recommended to use the services of
professional patent practitioners. To know more about this, you can read our article on this:

1. Should an inventor take professional help to draft and file patent applications?
2. Why should patent specifications be drafted by patent professionals?
Further, we have provided this article for knowledge purposes only. It is recommended to avail services of
professionals to file patent applications, as mistakes will prove costly. Thorough understanding of the
Indian Patent Act is essential for filing patent applications. Patent agents have understanding of the Indian
Patent Act and are the only persons (other than the applicant themselves) authorized by the Patent office to
file patent applications on behalf of the applicant. Invitee employs patent agents.
Indian patent offices are located at Delhi, Kolkata, Mumbai and Chennai. The patent application
has to be filed in the appropriate office based on your/your company‘s location
TYPES OF PATENT APPLICATIONS
a. Ordinary Patent Application

It is a simple application for patent without any priority claim and not being convention or
National Phase Application. It should be accompanied by a provisional or complete specification
at the time of filing.
b. Divisional Application
In case of plurality of inventions disclosed in the main application Patent of Addition Which may
be filed subsequent to the Filing of an Application for Patent, for an improvement or modification.
c. Convention Application
An applicant who files an application (.basic application.) for patent in a convention country can
make convention application in India within 12 months from the date of basic application.
d. National Phase Application under PCT

PCT stands for the Patent Co-operation Treaty. It is a sister treaty of the Paris Convention
administered by the World Intellectual Property Organization (WIPO). The PCT system facilitates
filing of patent applications under a single umbrella and provides for simplified procedure for the
search and examination of such applications. This allows a resident or national of a PCT member
state to obtain the effect of patent filings in any or all of the PCT countries and to defer the bulk of
filing costs usually due on filing. India became a PCT Contracting state on December 7, 1998.2
Since December 7, 1998, it is possible to designate India in PCT applications and to elect India in
the demand for preliminary examination.
If India is a designated country in the PCT application and is also elected in the demand for
preliminary examination filed within 19 months of the priority date, then the deadline for entry
into the National Phase in India is 31 months from the Priority Date. If the applicant does not so
elect India in the demand for preliminary examination, then the deadline for entry into the National
Phase in India is 21 months from the Priority Date. Therefore, all applicants who have designated
India in their PCT application filed on or after December 7, 1998, will be able to file PCT National
Phase applications in India.

2. Publication,
A patent application is a request made for granting of a patent for the invention described and claimed by
the applicant which is pending in a patent office. There are various stages in a patent application process
including publication of the patent application in the Patent Journal. In this article, we look at publication
of patent application through automatic publication or early publication in detail.
Automatic Publication
There are two ways in which a Patent Application can be published. They are automatic publication and the early
publication. The publishing of a patent application would happen automatically after eighteen months from the
date of filing or date of priority. This is called automatic publication. Towards the end of eighteen months from the
date of filing or date of priority, the application would be published in the Official Patent Journal.
Automatic publication happens without the intervention of the patent application, because it is compulsory to
grant the patent. The patent office publishes the application in the official e-Journal ordinarily within one
month from the date of expiry of 18 months from the date of filing or priority. However, a patent application
might not get automatically published in the patent journal for any of the following reasons:
 Secrecy direction u/s is in force.

 When the application is abandoned.
 If the application is withdrawn three months prior to the publication date.
When a secrecy direction has been given to an application, the application gets published when the secrecy
direction is gets cancelled during the end of the 18 months. With the addition to this, applications will not be
published except if a power of authority is filed.
Early Publication
A request for early publication is possible by filing form-9 and paying the prescribed fee of Rs.2, 500 for a
natural person or Rs.10, 000 for other than a natural person. When a request is made under this, the
application gets published within one month from the date of the request. This request will be considered if
the application is not related to subject matter that is relevant to defence or atomic energy. An early
publication is not held back due to the publication matching with an existing Indian patent application.
When a patent application opts for early publication, any person is eligible to file the pre-grant opposition
of the application any time before granting of the patent.

Patent Form for Early Publication
The patent form for early publication, Form 9 is reproduced below for reference:
Patent Journal
The applications in the Patent Office gets published on every Friday by the Indian Patent Office in the Patent
Journal to give a chance for the public to object or oppose the grant of patent for an invention.In the patent journal,
the following information is published by the Patent Office.Application number
 Date of filing
 Title of invention
 Date of publication
 International Patent Classification
 Name and address of the Applicant
 Name of the inventor
 Priority document number, date, country, etc.


 References of Patent of Addition/Divisional application including the filing date of
the parent application
 Abstract
 The total number of claims made
 Drawings
A sample patent journal is reproduced below for

reference:
3. Opposition,
The acceptance or grant of a patent can be formally challenged by filing patent opposition or
revocation proceedings. If you‘re considering this action or your patent is being challenged, our
specialists and dispute resolution lawyers can help assert, protect and defend your patent rights.
1. Patent Application is published after 18 months of filing. India requires a request of examination to be
filed within 48 months of the priority date for the patent application to be taken up for examination.
2. There are two kinds of opposition, viz. pre-grant opposition and post-grant opposition which are filed at
the patent office. Rectification of a patent is filed either before the civil court or before the Intellectual
Property Appellate Board.
Pre-grant opposition:
3. After publication of the patent application, it is open for pre-grant opposition. A pre-grant opposition can
be filed any time till the grant of the patent. It can be filed by any person under Section 25 (1) of the
Patents Act on the grounds stated in this section along with evidence.

4. The Patent office will notify the patent applicant about the pre-grant opposition. The applicant can file a
response in support of the patent application. The pre-grant opposition is taken up for hearing and a
detailed order passed by the Controller of Patents.
Post-grant opposition:
5. Another opposition is a post grant opposition which can be filed anytime from the date of grant until the
expiry of one year of grant. Unlike pre-grant opposition, a post-grant opposition can be filed only by an
interested person. The grounds for opposition are under Section 25 (2) of the Patents Act.
6. The Patent office will notify the patent applicant about the post-grant opposition. The applicant can file a
response in support of the patent application along with evidence. The post-grant opposition is taken up
for hearing and a detailed order passed by the Controller of Patents.
7. The proceedings before the Controller are like that of a civil court. The parties are entitled to cross
examine the deponent of the evidence affidavits; summon witnesses amongst others. However, in practise,
the statement made in the affidavits are accepted as true unless some contraction or error is apparent.
8. A party is entitled to file additional evidence with the leave of the Controller of Patents. It will have to be
shown why the additional evidence was not filed at the first instance.
9. An order passed in post-grant opposition is appealable. On the other hand, an order passed in pre-grant
opposition is appealable only in the event of rejection of the patent application. Rejection of a pre-grant
opposition is not appealable. Whether a writ petition is maintainable against rejection of a pre-grant
opposition is to be considered.
10. An appeal against the order of Controller of Patents lies before the Intellectual Property Appellate Board
(IPAB). There is no further appeal against the order of IPAB but a writ petition would lie before the
jurisdictional High Court.
11. Considering the backlog at the Patent office, it takes couple of years for an opposition hearing even
though the pleadings are complete and set for a hearing. The Patent office has taken many steps to reduce
the backlog like service of Opposition.
4. Examination,
In the Indian patent system, a request to patent office has to be made to process the application to the
Examination stage. Unlike other countries like USA, where the examination fee has to be paid at the time
of filing itself, Indian Patent Act 1970 provides 4 years‘ time frame to file and pursue the application to the
examination stage.
A request for examination has to be filed within 48 months from the date of priority (priority date
here is the date of first filing of the invention), only then the particular application is considered
for examination. If it is not filed within the specified time limit the application shall be treated as
withdrawn. Hence Indian Patent Act 1970 makes it mandatory to file a request for examination.

It is interesting to note that a request for examination may be filed by the applicant of the application or by
any other interested person in such application providing proper evidence of interest in the particular
application to the Patent office.
It is advisable to file request for examination at the time of filing the application or else it is very
necessary to keep a note on the 48th month due date to file request for examination.
In case of a national phase application (application in furtherance to PCT international application) an

express request for examination can be filed so that the application can be examined any time before 31
months.
A Request for examination for a patent has to be filed on Form-18, specifying the details of the
applicant or other interested person, application number, title, date of filing and publication date.
Form-18 should have to be submitted along with prescribed fee of INR 2500 if the applicant is a
natural person and INR 10,000 is the applicant is legal entity. After submission of such request a
formal examination process shall be initiated as per the Patent Act 1970.
In case it is an express request for examination for a national phase application, the prescribed fee shall be
INR 3500 if the applicant is a natural person and INR 14,000 if the applicant is a legal entity.Form-18-
http://ipindia.nic.in/ipr/patent/patentFormsFees/Form-18.pdf
5. Grant,
Once the patent application complies with the requirements of the relevant patent office, a patent
is granted further official fees, and in some regional patent systems, such as the European patent
system, validating the patent requires that the applicant provide translations of the application in
the official languages of states in which they desire protection.
The date of issue effectively terminates prosecution of a specific application, after which
continuing applications cannot be filed, and establishes the date upon which infringement
may be charged. Furthermore, an issue date for an application in the U.S. filed prior to
1995 also factors into the term of the patent, whereas the term of later filings is determined
solely by the filing date
Post-issue or grant
Many jurisdictions require periodic payment of maintenance fees to retain the validity of a patent
after it is issued and during its term. Failure to timely pay the fees results in loss of the patent's
protection.
The validity of an issued patent may also be subject to post-issue challenges of various types, some of
which may cause the patent office to re-examine the application.
6. Forms and fees,
We require the following details/documents in order to file a patent application in India:

 Authorization of agent.
 Specifications in English.
 Sets of drawings.

 Priority document if priority is to be claimed (i.e. a certified copy of the specification as originally
filed). In case the priority document is not in English, it must be accompanied by an attested or
certified English translation thereof.

 Full name, address, occupation and nationality of both the inventor and the applicant (if an
assignee) and full name, address, occupation and nationality of the applicant in the convention
country, should be given.
 Details of all corresponding applications in other countries.
 Proof of the applicant's right to make the application within six months from the filing of the
application.
 Declaration as to inventor ship, signed by the applicant where priority has been claimed or where
complete specification is filed after a provisional specification; can be filed within one month of
filing of application or complete specification.
 Application Form 1 duly completed and signed along with
 the full name of the inventor and / or the applicant
 the name and designation of the person signing on behalf of the applicant
 Addresses and nationalities of all the inventors, applicants and also of the applicants in the
convention country (if different from India) and
 Date of filing of the basic application in the convention country.

7. Components of patent specification,
A patent application generally contains a description of the invention and at least one claim purporting to
define it. A patent application may also include drawings to illustrate the invention. Furthermore,
an abstract is generally required.
For example, an international (PCT) application "must contain the following elements: request,
description, claim or claims, one or more drawings (where drawings are necessary for the
understanding of the invention), and abstract. Rule 5 PCT specifies what the description of an
international application should contain in more details.
As another example, a European patent application consists of "a request for the grant of a European
patent, a description of the invention, one or more claims, any drawings referred to in the description or
claims, and an abstract.
8. Claims
The exclusive rights to the invention or inventive feature/s is defined by the claims of a patent. In simple terms, the
claims define the actual area of exclusivity or protected features of an invention or the patent. The claim includes
the features or aspects of the invention which the patentee can stop others from making, using and selling without
his/her permission. Therefore, in an application for patent, the claims are of paramount importance in patent
prosecutions at the Patent Office and in a patent litigation before the courts.
A claim is a statement of novel technical features expressed in terms which define the scope of the
invention sought to be protected. As stated above the claims are the defining boundary of a patent, tells
third parties what they can and cannot do where the said invention is concerned.
A patent claim is composed of three important parts:
1. The Preamble - identifies the category of the invention protected by that claim. It is used in the very
first claim of an invention or say in the independent claim. Preamble should be consistent with the title
of the invention. For example, for a composition, preamble may be 'A composition for...', whereas for
an apparatus, preamble may be 'an apparatus for...‘
2. Transitional Phrases - in patent applications are important, as they specify whether the claim is limited
to only the elements listed, or whether the claim may cover items or processes that have additional
elements. The most common open-ended transitional phrase used is 'comprising'. However, many
claims use closed-ended phrases such as 'consisting of'. 'Comprising' denotes a very broad and open
claim which can be interpreted to include unspecified ingredients, even in major amounts. Consisting
of would generally imply a narrow claim not allowing inclusion of materials other than those already
stated in the claims.
3. Body of the claim - is the portion that follows the transitional phrase. The elements and limitations of
the claim are written in the body. The body should also explain the relationship of different elements
with one another.

Infringement
1. Brief,
- Infringement (in an intellectual property) is the violation of an intellectual property right
- Intellectual property laws distinguish deliberate theft and innocent infringement.
- Different rules apply to different types of intellectual property.
- Legislation covers both civil infringement - against patents, trademarks, designs and copyright -
and criminal offences in the case of trademarks and copyright.
- Ignorance, i.e. not knowing that a work is protected, is not a defence for either copyright or design right
infringement.
2. Types Infringement and its determination, Exemption in

infringement
An intellectual property infringement may for instance be one of the following:
-> Copyright
- Copyright is only infringed if the unauthorised use involves the whole or a 'substantial part' of the
copyright work.
- Unauthorised use usually involves copying, issuing copies, renting or lending, performing,
showing, playing, communicating or adapting the copyright work.
- In order to succeed with an action for infringement, it is necessary to establish that the alleged
infringing party actually copied the work protected rather than arrived at their work by means of
independent creative activity.
Copyright crime
- Deliberate infringement of copyright on a commercial scale may be a criminal offence. This

activity is usually known as copyright piracy and is often also linked to wilful infringement of
trademarks known as counterfeiting where criminal offences also exist.
- Piracy and counterfeiting are often also referred to as intellectual property or IP crime.
- If the infringement of a copyright work is intentional, is on a large scale and copies of a work are
being made for sale, being imported, distributed, sold or put on the internet, then it is worth
informing the police or the local Trading Standards department.
- They can decide whether action by them, including possible prosecution, is justified.

Exceptions
- For copyright a number of exceptions and defences apply to schools, universities and other
educational establishments when using content that belongs to someone else.
- In general use of a copyright work is not an infringement if it is used fairly and with
acknowledgement, for the purpose of non-commercial research, private study, illustration for
instruction or criticism or review.
-> Patents
- Infringing a patent means manufacturing, using, selling or importing a patented product or
process without the patent owner's permission.
- The owner of a patent can take legal action against you and claim damages if you
infringe their patent.
Exceptions
- Defences to patent infringement are given under section 60(5) of the Patents Act 1977. In general
it is permissible to use a patent if it is done privately and for non-commercial purposes.
- Also patent laws in most European countries include a ―research exception‖ (or
―research exemption‖) which permits use of a patented invention for experimental
purposes without infringing the rights of the holder.
- It is likely that the experimental use defence is becoming increasingly important as patenting
(particular in relation to biotechnology) enters the traditional domains of ‗pure‘ scientific research
carried out within universities.
-> Designs
- A design right protects the design from copying.
- By registering a design the proprietor obtains the exclusive right for twenty five years
(provided renewal fees are paid every five years) to make, offer, put on the market, import
or export the design, or stock the product for the above purposes.
- These rights are infringed by a third party who does any of the above with the design, for
commercial gain without the permission of the rights holder.
- Unlike registered design protection, design right is not an absolute form of protection.
- For a design protected by design registration however, it is merely a matter of considering the
similarities between the designs irrespective of whether the alleged infringing design might have
been created quite independently from reference to the alleged infringed design.
Registered design

- A competitor will infringe if they produce a product which uses the same design as the registered
design, or which uses any design which does not produce a different overall impression on the
informed user.
- This means that the competitor should not escape being liable for infringement merely by
making trivial changes to the registered design.
Exceptions
- There are exceptions which provide that use of a design will not generally be infringement when,
for example, the use was for non- commercial purposes, for experimental purposes or for citations
and teaching purposes. - The limitations are that the use is fair and does not prejudice the normal
exploitation of the design and that the source is acknowledged.
-> Trade marks

- A registered trade mark is a property right whereby the owner is granted exclusive rights in
relation the use of the trade mark.
- If someone uses an identical or similar trade mark for identical or similar goods or
services to a trade mark already in use e owner's consent, that person infringes the trade
mark.
- Remedies are available to the owner to prevent an ongoing infringement, including damages for
past infringements.
Exceptions
Use of another registered trademark - If someone else has in fact registered another trademark in
relation to the same goods and services as an already existing trademark then there will be no
trademark infringement
Use of own name and address - If a company uses their name and address as a trademark
then this will not be seen as trademark infringement
Use of certain indications - If someone else uses certain indications such as the kind of goods or
services, the quality and quantity of the goods or services, the value or geographical origin of the
goods or services then this will not constitute an infringement of a registered trademark
Use of a trade mark where it is necessary to indicate the intended purpose of a product or
service will mean that there will be no infringement
The use of an earlier mark - There will be no infringement where there has been use of an earlier
right in the course of trade in a certain area.
Passing off -- If you have not registered your trade mark you may still be able to take
action against someone who uses your mark on his or her goods or services without your
permission, using a "passing off" legal action. Passing off comprises three elements,
goodwill, misrepresentation and damage. To be successful you must prove that.

UNIT-4 : IPR and Information Technology [25%]
4.1 Internet and the Protection of Software Copyright:

4.1.1 Open Source,
4.1.2 Reverse Engineering
4.2 Trademark Issues in Cyber Space:
4.2.1 Domain Name,
4.2.2 The ICANN - Uniform Domain Name Dispute Resolution Policy
4.3 Cyber Crimes and Intellectual Property Rights:
4.3.1 Introduction,
4.3.2 Essential Ingredients of Crime,
4.3.3 Types of Internet Crimes
4.4 Case studies of IPR.
4.1 An Overview of Indian Copyright Software

- In India, the Intellectual Property Rights (IPR) of computer software is covered under the
Copyright Law. - Accordingly, the copyright of computer software is protected under the
provisions of Indian Copyright Act 1957.
- Computer program are literary works under the definition in the Copyright Act.
- A ―computer program‖ is a set of statements or instructions to be used directly or indirectly in a
computer in order to bring about a certain result.
- Copyright for computer programs prohibits copying of program structure and design.
- The graphics, sounds, and appearance of a computer program also may be protected as an audio-
visual work; as a result, a program can infringe even if no code was copied.
- Just as a copyright came into being when the original lines of source code were written
by the programmer, so another copyright comes into being for each addition or
modification to the source code that shows sufficient originality. Because of this, a
computer program generally is protected not by a single copyright but by a series of
copyrights starting when it is first written and continuing through the last modification.
- A software license agreement is a contract between the licensor and purchaser of the right to use
software.
4.1.1 Open Source

- An open-source license is a type of license for computer software and other products that
allows the source code, blueprint or design to be used, modified and/or shared under
defined terms and conditions.
- This allows end users and commercial companies to review and modify the source code,
blueprint or design for their own customization, curiosity or troubleshooting needs.
- Open-source licensed software is mostly available free of charge, though this does not
necessarily have to be the case.
- Licenses which only permit non-commercial redistribution or modification of the source code

for personal use only are generally not considered as open-source licenses.
- However, open-source licenses may have some restrictions, particularly regarding the
expression of respect to the origin of software, such as a requirement to preserve the name
of the authors and a copyright statement within the code, or a requirement to redistribute
the licensed software only under the same license (as in a copy left license).
- One popular set of open-source software licenses are those approved by the Open Source
Initiative (OSI) based on their Open Source Definition (OSD).
4.1.2 Reverse Engineering
- Reverse code engineering a software product is balanced on the border of legal and
illegal.
- A reverse engineer, should know own rights and the rights of the software owner.
- There are laws about the copyright that someone who reverse-engineers must take care
of in open source projects, and the common approach to this problem is to divide the
programmers into 2 groups:
- The one who disassembles the code of the program/firmware and writes the
specifications.
- The second group that makes a program using these specifications.
- FairUse: Under a few circumstances, fair use allows the reproduction of
copyrighted material without the owner's permission. In determining whether the use
made of a work in any particular case is a fair use the factors to be considered shall
include
- The purpose and character of the use, including whether such use is of a
commercial nature or is for non-profit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted
work as a whole; and
- The effect of the use upon the potential market for or value of the copyrighted
work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding
is made upon consideration of all the above factors.
In terms of reverse engineering and fair use, the law tends to favour the reverser.
However, negatively affecting the value of the original product will almost never result in
it being categorized as "fair use." Also keep in mind that fair use does not permit breaking
the user license terms.
It needs to be noted that fair use is not black and white. The line between fair use
and copyright infringement is very broad.
- Digital Millennium Copyright Act

The Digital Millennium Copyright Act was put into place in 1998 in order to make
any service or device with purpose of undermining or removing DRM (Digital
Rights Management) copyright infringement.

REVERSE ENGINEERING.—
A person who has lawfully obtained the right to use a copy of a computer program
may circumvent a technological measure that effectively controls access to a
particular portion of that program for the sole purpose of identifying and analyzing
those elements of the program that are necessary to achieve interoperability of an
independently created computer program with other programs, and that have not
previously been readily available to the person engaging in the circumvention, to
the extent any such acts of identification and analysis do not constitute
infringement under this title.
A person may develop and employ technological means to circumvent a

technological measure, or to circumvent protection afforded by a
technological measure, in order to enable the identification and analysis, or
for the purpose of enabling interoperability of an independently created
computer program with other programs, if such means are necessary to
achieve such interoperability, to the extent that doing so does not constitute
infringement under this title.
The information acquired through the acts permitted, may be made available to
others if the person referred to in above paragraph, as the case may be, provides
such information or means solely for the purpose of enabling interoperability of an
independently created computer program with other programs, and to the extent
that doing so does not constitute infringement under this title or violate applicable
law other than this section.
For purposes of this subsection, the term ‗interoperability‘ means the

ability of computer programs to exchange information, and of such
programs mutually to use the information which has been exchanged.
Fair use does still apply. However, it is not fair use to gain unauthorized access to
copyrighted work.
4.2 Trademark Issues in Cyber Space:
- Every new invention in the field of technology experiences a variety of threats. Internet
is one such threat, which has captured the physical marketplace and have converted it into
a virtual marketplace.
- To safeguard the business interest, it is vital to create an effective property

management and protection mechanism keeping in mind the considerable amount
of business and commerce taking place in the Cyber Space.
- Today it is critical for every business to develop an effective and collaborative IP

management mechanism and protection strategy. The ever-looming threats in the
cybernetic world can thus be monitored and confined.

- Various approaches and legislations have been designed by the law-makers to up
the ante in delivering a secure configuration against such cyber-threats.
- Trademarks are things which businesses use to identify their products to consumers.
- Traditionally this involves things such as logos, key sounds, symbols and words.
4.2.1 Domain Names

- Internet domain name registration has become an area of much attention because
of the commercial demand for domain names in order to establish presence on the
Internet.
- The current system for registering domains on the Internet does not involve trademark
review, mainly because of efficiency and liability reasons.
- It would be too much of a burden on registrars to look up trademarks for every

single registration, and in the case of a mistake it could cost large amounts.
- Domain name registrars also face the challenge of rejecting certain domain names due to
policy reasons. - People also try to protect the domain names themselves as trademarks.
- But registration of a domain name does not necessarily establish the existence of
trademark protection.
- Trademark law also prevents unwanted use domain names by other parties who do not
own the trademark.
4.2.2 The ICANN - Uniform Domain Name Dispute Resolution Policy
- The Internet Corporation for Assigned Names and Numbers (ICANN), has stepped in
and prohibited cybersquatting along with federal law through the Ant cybersquatting
Consumer Protection Act of 1999. - ICANN is a non-profit organization dedicated to
regulating these specific types of trademark issues, and although it has no official
jurisdiction like a court, it has had a large influence on trademark law.
- ICANN has built a system of rules which are enforced through the Uniform Dispute Resolution
Procedures (UDRP).
- But situations do arise where two separate owners may have legitimate claims to the
same trademark.
- This is actually quite common and is in line with trademark law, as long as customers do not get
confused.
- Originally the domain name registration system has worked on a 'first come first serve'
basis. But this has caused some undesired consequences, as now companies feel the need
to register everything similar to their trademark, in effect registering domain names in
defence.
- ICANN has created additional top-level domains (TLDs) in order to address the problem, so that
now www.computer.com and www.computer.info can have two separate owners.
- But again, companies just registered along every single top domain, as the first come
first served basis was still employed. Other ideas have also been tried such as country
TLDs (.uk, .tw), but there still has been no truly effective solution.
4.3 Cyber Crimes and Intellectual Property Rights:
4.3.1 Introduction
- Cyber terrorists usually use the computer as a tool, target, or both for their unlawful act
either to gain information which can result in heavy loss/damage to the owner of that
intangible sensitive information.
- Internet is one of the means by which the offenders can gain such price sensitive
information of companies, firms, individuals, banks, intellectual property crimes
(such as stealing new product plans, its description, market programme plans, list
of customers etc.), selling illegal articles, etc. this is done through many methods
such as phishing, spoofing, pharming, internet phising, wire transfer etc. and use it
to their own advantage without the consent of the individual.
- Many banks, financial institutions, investment houses, brokering firms etc. are being
victimised and threatened by the cyber terrorists to pay extortion money to keep their
sensitive information intact to avoid huge damages.
- Cybercrimes can be defined as: "Offences that are committed against individuals or
groups of individuals with a criminal motive to intentionally harm the reputation of the
victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using
modern telecommunication networks such as Internet (networks including chat rooms,
emails, notice boards and groups) and mobile phones (Bluetooth/SMS/MMS)".
4.3.2 Essential Ingredients of Crime
- Cybercrime, or computer-oriented crime, is the crime that involves a computer and a

network.
- The computer may have been used in the commission of a crime, or it may be the
target.
- Cybercrime may threaten a person or a nation's security and financial health.
- Issues surrounding these types of crimes have become high-profile, particularly

those surrounding hacking, copyright infringement, unwarranted mass-
surveillance, and child grooming.
- Internationally, both governmental and non-state actors engage in cybercrimes, including

espionage, financial theft, and other cross-border crimes.
- Cybercrimes crossing international borders and involving the actions of at least

one nation state is sometimes referred to as cyber warfare.
4.3.3 Types of Internet Crimes
- Computer crime encompasses a broad range of activities:

- Financial fraud crimes
- Cyber terrorism
- Cyber extortion
- Cyber warfare
- Computer as a target
- Computer as a tool
-> Financial fraud crimes

- Computer fraud is any dishonest misrepresentation of fact intended to let another
to do or refrain from doing something which causes loss. In this context, the fraud
will result in obtaining a benefit by:
-- Altering in an unauthorized way. This requires little technical expertise
and is common form of theft by employees altering the data before entry or
entering false data, or by entering unauthorized instructions or using
unauthorized processes;
-- Altering, destroying, suppressing, or stealing output, usually to conceal
unauthorized transactions. This is difficult to detect;
-- Altering or deleting stored data;
Other forms of fraud may be facilitated using computer systems, including
bank fraud, carding, identity theft, extortion, and theft of classified
information.
->Cyber terrorism
- Government officials and information technology security specialists have documented a
significant increase in Internet problems and server scans since early 2001.
- But there is a growing concern among government agencies such as the Federal Bureau
of Investigations (FBI) and the Central Intelligence Agency (CIA) that such intrusions are
part of an organized effort by cyber terrorists, foreign intelligence services, or other
groups to map potential security holes in critical systems.
- A cyber terrorist is someone who intimidates or coerces a government or an organization

to advance his or her political or social objectives by launching a computer-based attack
against computers, networks, or the information stored on them.

- Cyber terrorism in general can be defined as an act of terrorism committed through the
use of cyberspace or computer resources.
- As such, a simple propaganda piece in the Internet that there will be bomb attacks
during the holidays can be considered cyber terrorism.
- There are also hacking activities directed towards individuals, families, organized by
groups within networks, tending to cause fear among people, demonstrate power,
collecting information relevant for ruining peoples' lives, robberies, blackmailing etc.
->Cyber extortion
- Cyber extortion occurs when a website, e-mail server, or computer system is
subjected to or threatened with repeated denial of service or other attacks by
malicious hackers.
- These hackers demand money in return for promising to stop the attacks and to
offer "protection". - According to the Federal Bureau of Investigation, cybercrime
extortionists are increasingly attacking corporate websites and networks, crippling
their ability to operate and demanding payments to restore their service. More than
20 cases are reported each month to the FBI and many go unreported in order to
keep the victim's name out of the public domain.
- An example of cyber extortion was the attack on Sony Pictures of 2014.
->Cyber warfare
- Cyber warfare is the use or targeting in a battle space or warfare context of
computers, online control systems and networks.
- It involves both offensive and defensive operations pertaining to the threat of
cyber-attacks, espionage and sabotage.
- There has been controversy over whether such operations can be called "war".
- Nevertheless, powers have been developing cyber capabilities and engaged in
cyber warfare, both offensively and defensively.
-> Computer as a target

- These crimes are committed by a selected group of criminals.
- Unlike crimes using the computer as a tool, these crimes require the technical
knowledge of the perpetrators.
- As such, as technology evolves, so too does the nature of the crime. These crimes
are relatively new, having been in existence for only as long as computers have—
which explains how unprepared society and the world in general is towards
combating these crimes.
- There are numerous crimes of this nature committed daily on the internet.
- Crimes that primarily target computer networks or devices include:
Computer viruses
Denial-of-service attacks
Malware (malicious code)
-> Computer as a tool
- When the individual is the main target of cybercrime, the computer can be
considered as the tool rather than the target.

-
These crimes generally involve less technical expertise.
- Human weaknesses are generally exploited.
- The damage dealt is largely psychological and intangible, making legal action
against the variants more difficult. These are the crimes which have existed for
centuries in the offline world.
- Scams, theft, and the likes have existed even before the development in high-tech
equipment.
- The same criminal has simply been given a tool which increases their potential
pool of victims and makes them all the harder to trace and apprehend.
- Crimes that use computer networks or devices to advance other ends include:
-Fraud and identity theft (although this increasingly uses malware, hacking or
phishing, making it an example of both "computer as target" and "computer as
tool" crime)
- Information warfare
- Phishing scams
- Spam
- Propagation of illegal obscene or offensive content, including harassment and threats
- The unsolicited sending of bulk email for commercial purposes (spam) is unlawful in
some jurisdictions.
- Phishing is mostly propagated via email. Phishing emails may contain links to other
websites that are affected by malware. Or, they may contain links to fake online banking
or other websites used to steal private account information.
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BCA Semester IV

BCA 401: Intellectual Property Rights

1 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

1.1 Concept & Meaning of Intellectual Property

2 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

3 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

- Intellectual property rights are like any other property right.

4 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

-There is no formal registration process required to obtain protection.

- However, some national laws allow registration of works.

- Additionally in some countries registration can serve as evidence in court in case of

5 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

Requirement for Patent application:

2. The invention must be novel

3. The invention must include an inventive step:

4. The invention must be susceptible of industrial application:

6 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

- A trademark is a distinctive sign that identifies certain goods or services as

- It may be one or a combination of words, letters, and numerals.

7 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

Industrial designs refer to creative activity, which result in the ornamental or

1.3.5 Geographical indications

- A geographical indication points to a specific place or region of production that

- Department of Information Technology Ministry of Communications and Information

1.3.7 Plant varieties

- Protection of New Plant Variety

9 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

1.3.8 Trade Secrets.

1.4.3 IPO Website

10 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

11 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

- The system of patents was established to encourage inventors by granting

- Inventions must be new and previously not known by others.

12 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

- Obviousness is demonstrated by showing that an invention could bemade by merely applying

- In certain jurisdictions' patent law, industrial applicability or industrial application is

- The usefulness of a patented invention.

13 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

Priority Dates & Date of Filling

14 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

o Patent application must include a complete specification which is a techno-legal

15 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

Prior art is any evidence that your invention is already known.

Person Skilled in the Art

16 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

The patent act, WIPO, IPAB, International treaties, PCT route

Later, India became signatory to many international arrangements with an objective of

Significantly, India also became signatory of the Paris

The World Intellectual Property Organization(WIPO; French:Organisation mondiale de la

17 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

WIPO is dedicated to protecting IP by working with worldwide organizations. It enlists the

• Developing a global IP infrastructure

18 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

Treaty, a binding formal agreement,contract, or other written instrument that establishes

Pre-Grant and Post Grant Opposition, Grant and sealing of Patents

 Wrongfully obtaining the invention

20 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

Rights of Patentee and Term of Patent, Surrender,Revocation and Restoration

23 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning

(vii) That the invention is not useful;

(xii) That the invention claim was secretly used in India;

UNIT-3: Procedure for Obtaining of Patents [25%]

25 | P a g e B.C.A 401: Intellectual Property Rights Reference and Additional Learning