Savale et al.

World Journal of Pharmacy and Pharmaceutical Sciences

KEYWORDS: Patent, Copyright, Trademark, Integrated Circuits, Patentability,

Infringement, Commercialization, Novelty.

INTRODUCTION[1,2,3]
Intellectual Property Rights are legal rights, which result from intellectual activity in
industrial, scientific, literary & artistic fields. These rights Safeguard creators and other
producers of intellectual goods & services by granting them certain time-limited rights to
control their use. Protected IP rights like other property can be a matter of trade, which can be
owned, sold or bought. These are intangible and nonexhausted consumption.

BASIC CONCEPT IN IPR[4,5]

 Intellectual property is an intangible creation of the human mind, usually expressed or
translated into a tangible form that is assigned certain rights of property.
 Examples of intellectual property include an author's copyright on a book or article, a
distinctive logo design representing a soft drink company and its products, unique design
elements of a web site, or a patent on the process to manufacture chewing gum.
 Intellectual property rights (IPR) can be defined as the rights given to people over the
creation of their minds. They usually give the creator an exclusive right over the use of
his/her creations for a certain period of time.
 Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic
works, and symbols, names, images, and designs used in commerce.

OBJECTIVES OF IPR[6,7,8,9]
 Intellectual property Right (IPR) is a term used for various legal entitlements which
attach to certain types of information, ideas, or other intangibles in their expressed form.
 The holder of this legal entitlement is generally entitled to exercise various exclusive
rights in relation to the subject matter of the Intellectual Property.
 The term intellectual property reflects the idea that this subject matter is the product of
the mind or the intellect, and that Intellectual Property rights may be protected at law in
the same way as any other form of property.
 Intellectual property laws vary from jurisdiction to jurisdiction, such that the acquisition,
registration or enforcement of IP rights must be pursued or obtained separately in each
territory of interest.

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 Intellectual property rights (IPR) can be defined as the rights given to people over the
creation of their minds. They usually give the creator an exclusive right over the use of
his/her creations for a certain period of time.

TYPES OF IPR[10,11,12,13,14,15,16,17,18,19,20]
 Patents
 Trademarks
 Copyrights and related rights
 Geographical indications
 Industrial designs
 Trade secrets
 Layout design for integrated circuits
 Protection of new plant variety

PATENTS
A patent is an exclusive right granted for an invention, which is a product or a process that
provides a new way of doing something, or offers a new technical solution to a problem. It
provides protection for the invention to the owner of the patent. The protection is granted for
a limited period, i.e. 20 years. Patent protection means that the invention cannot be
commercially made, used, distributed or sold without the patent owner's consent. A patent
owner has the right to decide who may - or may not - use the patented invention for the
period in which the invention is protected. The patent owner may give permission to, or
license, other parties to use the invention on mutually agreed terms. The owner may also sell
the right to the invention to someone else, who will then become the new owner of the patent.
Once a patent expires, the protection ends, and an invention enters the public domain, that is
the owner no longer holds exclusive rights to the invention, which becomes available to
commercial exploitation by others. All patent owners are obliged, in return for patent
protection, to publicly disclose information on their invention in order to enrich the total body
of technical knowledge in the world. Such an ever-increasing body of public knowledge
promotes further creativity and innovation in others. In this way, patents provide not only
protection for the owner but valuable information and inspiration for future generations of
researchers and inventors.

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What Can Be Patented

Product, Process, Machine, Manufacture, Composition of Matter.

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.

COPYRIGHTS AND RELATED RIGHTS

Copyright is a legal term describing rights given to creators for their literary and artistic
works. The kinds of works covered by copyright include: literary works such as novels,
poems, plays, reference works, newspapers and computer programs; databases; films, musical
compositions, and choreography; artistic works such as paintings, drawings, photographs and
sculpture; architecture; and advertisements, maps and technical drawings. Copyright subsists
in a work by virtue of creation; hence it‘s not mandatory to register. However, registering a
copyright provides evidence that copyright subsists in the work & creator is the owner of the
work. Creators often sell the rights to their works to individuals or companies best able to
market the works in return for payment. These payments are often made dependent on the
actual use of the work, and are then referred to as royalties. These economic rights have a
time limit, (other than photographs) is for life of author plus sixty years after creator‘s death.

GEOGRAPHICAL INDICATIONS
GI are signs used on goods that have a specific geographical origin and possess 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 are influenced 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

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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 of its registration are shared by the all members
of the community. Recently the GIs 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 country, the registration under GI will be very important in future growth
of the tribes / communities / skilled artisans associated in developing such products.

INDUSTRIAL 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 design administration. This
replacement Act is also aimed to enact a more detailed classification of design to conform to
the international system and to take care of the proliferation of design related activities in
various fields.

TRADE SECRETS
It may be confidential business information that provides an enterprise a competitive edge
may be considered a trade secret. Usually these are manufacturing or industrial secrets and
commercial secrets. These include sales methods, distribution methods, consumer profiles,
and advertising strategies, lists of suppliers and clients, and manufacturing processes.
Contrary to patents, trade secrets are protected without registration. A trade secret can be

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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 be very crucial in reaping benefits from such type of knowledge.
The Trades secret, traditional knowledge are also interlinked / associated with the
geographical indications.

LAYOUT DESIGN FOR INTEGRATED CIRCUITS

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.

PROTECTION OF NEW PLANT VARIETY

The objective of this act is to recognize the role of farmers as cultivators and conservers and
the contribution of traditional, rural and tribal communities to the country‘s agro biodiversity
by rewarding them for their contribution and to stimulate investment for R & D for the
development new plant varieties to facilitate the growth of the seed industry. The Plant
Variety Protection and Farmers Rights act 2001 was enacted in India 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.

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DURATION OF INTELLECTUAL PROPERTY RIGHTS[21,22,23]

 Term of every patent will be 20 years from the date of filing of patent application,
irrespective of whether it is filed with provisional or complete specification. Date of
patent is the date on which the application for patent is filed.
 Term of every trademark registration is 10 years from the date of making of the
application which is deemed to be the date of registration.
 Copyright generally lasts for a period of sixty years.
 The registration of a geographical indication is valid for a period of 10 years.
 The duration of registration of Chip Layout Design is for a period of 10 years counted
from the date of filing an application for registration or from the date of first commercial
exploitation anywhere in India or in any convention country or country specified by
Government of India whichever is earlier.
 The duration of protection of registered varieties is different for different crops namely 18
years for trees and vines, 15 years for other crops and extant varieties.

CONCEPT RELATED PATENTS

1. TYPES OF PATENT[24,25,26]
UTILITY PATENT
 If you have a new, useful invention that is not obvious to others in the field of invention,
you may qualify for a utility patent. Utility patents are grouped in five categories: a
process, a machine, a manufacture, a composition of matter, or an improvement of an
existing idea.
 Often, an invention will fall into more than one of the categories. For instance, computer
software can usually be described both as a process (the steps that it takes to make the
computer do something) and as a machine (a device that takes information from an input
device and moves it to an output device).
 Regardless of the number of categories in which an invention falls, only one utility patent
may be issued on it.
 Among the many types of creative works that might qualify for a utility patent are
biological inventions; new chemical formulas, processes, or procedures; computer
hardware and peripherals; computer software; cosmetics; electrical inventions; electronic
circuits; food inventions; housewares; machines; and magic tricks. If you acquire a utility
patent, you can stop others from making, using, selling and importing the invention.

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 A utility patent last for 20 years from the date that the patent application is filed.

DESIGN PATENT
 If you create a new and original design that ornaments a manufactured device, you may
qualify for a design patent.
 Design patents are granted for any new or original Ornamental design for an article of
manufacture. A design patent protects only the appearance of the article and not the
article itself. An inventor can easily register both a utility patent and a design patent.
 A design patent is granted for product designs—for example, an IKEA chair, Keith
Haring wallpaper, or a Manolo Blahnik shoe. You can even get a design patent for a
computer screen icon. There are strings attached to a design patent, too.
 As noted, the design must be ornamental or aesthetic; it can‘t be functional. Once you
acquire a design patent, you can stop others from making, using, selling and importing the
design. You can enforce your design patent for only 14 years after it‘s issued.

PLANT PATENT
 The least-frequently issued type of patent are plant patents—granted for any asexually or
sexually reproducible plants (such as flowers) that are both novel and nonobvious.
 This may include cultivating different types of plants to create mutants or hybrids and
also newly found seedlings. This patent protects the owner by keeping other individuals
or businesses from creating the type of plant or profiting from the plant for at least 20
years from the date of the application

2. TANGIBLE AND INTANGIBLE PROPERTY[27,28]

Property is an external thing that can be owned or possessed. Property can be divided into
two categories: tangible and intangible. The word tangible refers to something that has a
definable physical form that can be felt or touched. The word intangible refers to something
that cannot be perceived by the senses.

Tangible Property
In law is, literally, anything which can be touched, and includes both real property (or, in
civil law systems, immovable property) and personal property (or moveable property), and
stands in distinction to intangible property. In English law and some Commonwealth legal
systems, items of tangible property are referred to as choses in possession (or a chose in
possession in the singular). However, some property, despite being physical in nature, is

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classified in many legal systems as intangible property rather than tangible property because
the rights associated with the physical item are of far greater significance than the physical
properties. Principally, these are documentary intangibles. For example, a promissory note is
a piece of paper that can be touched, but the real significance is not the physical paper, but
the legal rights which the paper confers, and hence the promissory note is defined by the legal
debt rather than the physical attributes. A unique category of property is money, which in
some legal systems is treated as tangible property and in others as intangible property. Whilst
most countries legal tender is expressed in the form of intangible property ("The Treasury of
Country X hereby promises to pay to the bearer on demand...."), in practice bank notes are
now rarely ever redeemed in any country, which has led to bank notes and coins being
classified as tangible property in most modern legal systems. Tangible property consists of
real property and personal property. Real property is property that does not move, such as
land and the things that are attached to or built on that land. Personal property is property that
can be moved or any other tangible property that can be owned. Personal property is also
called chattels. Chattels that are attached to the land and that cannot be removed without
damaging the land are called fixtures. Examples of fixtures are built-in bookcases and ceiling
fans.

Intangible Property
Intangible property consists of property that lacks a physical existence. Examples of
intangible property include checking and savings accounts, options to buy or sell shares of
stock, the goodwill of a business, a patent, and spousal love and affection. Also known as
incorporeal property, describes something which a person or corporation can have ownership
of and can transfer ownership of to another person or corporation, but has no physical
substance. It generally refers to statutory creations such as copyright, trademarks, or patents.
It excludes tangible property like real property (land, buildings and fixtures) and personal
property (ships, automobiles, tools, etc.). In some jurisdictions intangible property are
referred to as choses in action. Intangible property is used in distinction to tangible property.
It is useful to note that there are two forms of intangible property - legal intangible property
(which is discussed here) and competitive intangible property (which is the source from
which legal intangible property is created but cannot be owned, extinguished, or transferred).
Competitive intangible property disobeys the intellectual property test of voluntary
extinguishment and therefore results in the sources that create intellectual property
(knowledge in its source form, collaboration, process-engagement, etc) escaping

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quantification. Generally, ownership of intangible property gives the owner a set of legally
enforceable rights over reproduction of personal property containing certain content. For
example, a copyright owner can control the reproduction of the work forming the copyright.
However, the intangible property forms a set of rights separate from the tangible property that
carries the rights. For example, the owner of a copyright can control the printing of books
containing the content, but the book itself is personal property which can be bought and sold
without concern over the rights of the copyright holder. In English law and other
Commonwealth legal systems, intangible property is traditionally divided in pure intangibles
(such as debts, intellectual property rights and goodwill) and documentary intangibles, which
obtain their character through the medium of a document (such as a bill of lading, promissory
note or bill of exchange). The recent rise of electronic documents has blurred the distinction
between pure intangibles and documentary intangibles.

3. NOVELTY (New invention)[29,30]

Novelty is a patentability requirement. An invention is not new and therefore not patentable if
it was known to the public before the date of filing of the patent application, or before its date
of priority if the priority of an earlier patent application is claimed. The purpose of the
novelty requirement is to prevent the prior art from being patented again.

Relationship between Novelty and non-obviousness

To understand the relationship between novelty and non-obviousness (inventive level), the
starting point should be a definition of the concepts. Some elementary and imprecise notions
can be assumed at this stage, without yet attempting to examine the matter in depth. It can be
said that an invention is new (novel) when it differs from the prior art. Not much difference is
required; a small difference is sufficient simply, an invention A‘ is new when is different
from the prior art A. A‘≠A. It can be said that an invention is Non-obvious (or possesses
inventive level) when it is sufficiently different from the prior art. A‘ is non-obvious when it
is significantly different from the prior art A (A‘ ≠ A). At this point, one might wonder
whether the concept of novelty should really be maintained and investigated. In fact, since a
simple novelty is not sufficient, and a qualified or enhanced novelty (non-obviousness) is
necessary.

Rationales
A patent grants an inventor a legally enforceable monopoly over their invention. This means
that others can be legally restrained from exploiting the invention. It is not the intention of the

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patent system to deny anyone what they have been free to do before someone claims an
invention. For example, one cannot patent the wheel, as that would exclude others from doing
what they had previously been free to do. The legal test is that the invention must be
something new, i.e. it must possess ―novelty‖. The invention of the wheel is not new, because
the wheel already forms part of the prior art.

4. NON-OBVIOUSNESS (Inventive step)[31,32]

The inventive step and non-obviousness reflect a general patentability requirement present in
most patent laws, according to which an invention should be sufficiently inventive i.e., non-
obvious in order to be patented. In other words, the non obviousness principle asks whether
the invention is an adequate distance beyond or above the state of the art. The expression
―inventive step‖ is predominantly used in Europe, while the expression ―non-obviousness‖ is
predominantly used in United States patent law. The expression ―inventiveness‖ is sometimes
used as well. Although the basic principle is roughly the same, the assessment of the
inventive step and non-obviousness varies from one country to another. For instance, the
practice of the European Patent Office (EPO) differs from the practice in the United
Kingdom.

5. UTILITY (Usefulness of Patent application)[33,34]

A Patent on New Invention both are useful and existed from other different product is known
has Utility of Patent. In a world where obtaining value for money has become even more
important than in the past, it may be useful to look for alternatives to the traditional way of
doing things. For some types of invention, use of a petty patent or utility model as a means of
protection may be a useful alternative to patent protection in many countries. Obtaining
protection this way is often much less expensive than proceeding through the traditional
patent route and, as noted below, in several countries has an advantage in its own right. Until
the 1990's, utility model protection was regarded as being something of a curiosity in the
intellectual property world. It is true that the Washington revision of the Paris Convention in
1910 had recognized utility models as a species of industrial property right, but in his 1975
book on National and International Protection of Patents, Trademarks and Related Rights, Dr.
Stephen Ladas listed as having this form of protection only in Brazil, Germany, Italy, Japan,
the Philippines, Poland, Portugal, South Korea, Spain and Taiwan. Since then, however,
many countries have adopted protection of this type or some other form of "second tier"
protection for useful articles or other invention.

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Utility criteria
In considering the requirement of utility for patents, there are three main factors to review:
operability of the invention, a beneficial use of the invention, and practical use of the
invention.

6. ANTICIPATION (Disclosure of the claimed invention by another)[35,36]

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 ground 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.

7. PRIOR ART (State of the art or Background art) (Non Patentable Data) [37, 38, 39]
Prior art (state of the art or background art), in most systems of patent law, constitutes
all information that has been made available to the public in any form before a given date that
might be relevant to a patent's claims of originality. If an invention has been described in the
prior art, a patent on that invention is not valid. Information kept secret, for instance, as
a trade secret, is not usually prior art, provided that employees and others with access to the
information are under a non-disclosure obligation. With such an obligation, the information is
typically not regarded as prior art. Therefore, a patent may be granted on an invention,
although someone else already knew of the invention. A person who used an invention in
secret may in some jurisdictions be able to claim "prior user rights" and thereby gain the right
to continue using the invention. As a special exception, earlier-filed and unpublished patent
applications do qualify as prior art as of their filing date in certain circumstances. To
anticipate the subject-matter of a patent claim, prior art is generally expected to provide a
description sufficient to inform an average worker in the field (or the person skilled in the art)
of some subject matter falling within the scope of the claim. Prior art must be available in
some way to the public, and in many countries, the information needs to be recorded in a
fixed form somehow. Prior art generally does not include unpublished work or mere
conversations (though according to the European Patent Convention, oral disclosures also
form prior art—Patents disclose to society how an invention is practiced, in return for the

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14. COMMERCIALIZATION[62,63,64,65,66,67]
Definition of Commercialization
The process by which a new product or service is introduced into the general market.
Commercialization is broken into phases, from the initial introduction of the product through
its mass production and adoption. It takes into account the production, distribution,
marketing, sales and customer support required to achieve commercial success. As a strategy,
commercialization requires that a business develop a marketing plan, determine how the
product will be supplied to the market and anticipate barriers to success.

IP Commercialization
Monetizing IP through Licensing and Patent Sale, In line with the value enhancement of
Intellectual Property, IP Commercialization has become a more relevant topic than ever
before. According to a recent study, the value of a company largely consists of their IP
Assets which sometimes even make up 80% of a company‘s value. However, companies
often do not possess proper knowledge about the real value of their patent portfolio. In
addition, companies and individuals often have missing knowledge of optimal IP
commercialization methods. Basic Guidelines for a Potential IP Commercialization If
inventors or companies decide for a better commercialization of their IP assets, they should
first make some basic estimations about their IP commercialization possibilities. This
includes the reach and validity of the patents as well as the economic sector of the protected
innovations and its potential growth prospects. If the patent secures a competitive edge for a
company it is of especially high value for potential IP commercialization. Sometimes it is
even possible that a patented innovation represents a strong competitive edge for a company.
Furthermore cases of patent infringements are proof of a high patent value as well. In general,
if a patent is highly demanded then there are also good prospects for stronger IP
commercialization. While internal use of patents is a key method of commercializing them,
sale and licensing can lead to an even more profitable outcome. Often the case is that
companies own patents of high market value which they had to invest heavily in research.
However, some of those patents are often not key to the core business or by their owners. In
such cases in particular IP commercialization makes a lot of sense for patent owners, since
this can turn into a profitable business for them. In doubt, companies should consult an IP
specialist.

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licensing agreement is a partnership between an intellectual property rights owner (licensor)

and another who is authorized to use such rights (licensee) in exchange for an agreed
payment (fee or royalty). A variety of such licensing agreements are available, which may
be broadly categorized as follows.
 Technology License Agreement.
 Trademark Licensing and Franchising Agreement.
 Copyright License Agreement.

In practice, all or some of these agreements often form part of one single contract since in
transfers of this nature many rights are involved and not simply one type of intellectual
property right. You may also come across licensing agreements in other circumstances, such
as, during a merger or acquisition, or in the course of negotiating a joint venture. All of these
mechanisms either on their own or in combination will provide your SME, as a licensor or
licensee, a wide variety of possibilities in conducting business in your own country or
elsewhere. As an intellectual property owner and a licensor, your SME can expand its
business to the frontiers of your partners' business and ensure a steady stream of additional
income. As a licensee, your SME can manufacture, sell, import, export, distribute and market
various goods or services which it may be prevented from doing otherwise. In the
international context, a formal licensing agreement is possible only if the intellectual property
right you wish to license is also protected in the other country or countries of interest to you.
If your intellectual property is not protected in such other country or countries then you
would not only not be able to license it, but also you would have no legal right to put any
restriction on its use by anyone else.

16. APPLICATIONS OF IPR[73,74,75,76,77,78,79,81,82,83]

 Intellectual property right is a government right is granted by government of India for
maintaining the quality and standard of drug or drug related product or services.
 Intellectual property right is important to maintain the quality, purity and safety of drug
products.
 Intellectual property right is important for determination of product stability and safety.
 Intellectual property right is applicable for industrial, Pharmaceutical, analytical,
chemical, drug development, drug synthesis and Manufacturing industries.
 Intellectual property right is applicable for companies, industries, Business and
marketing.

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 Intellectual property right is applicable for industrial, scientific, literary, artistic field.
 Intellectual property right is applicable of NDA, ANDA and INDA analysis of Drug
Product or Pharmaceutical Formulations.
 Intellectual property right is applicable for testing, analysis, characterizing, the drug
properties and drug quality.
 Intellectual property right is exclusive right is granted by government of India for
protection of invention of inventor.
 It is applicable for Protection of originality or novelty of work of author has a function of
copyright.
 It is act has certification as well as identification mark for identification of product in
would wide market has function of trademark.
 It is important for maintaining protection of patent or business oriented data has function
of Trade secrets.
 It is applicable for Maintaining the utility, designing and Novelty of Patented data.
 It is applicable for determination of law of Indian system or Indian legal system.
 It is important for determination simple ornamental or industrial designing and Layout
oriented semiconductor devices.
 It is Applicable for determination of Anticipation of data as well as Patent data under
prior art or not is conducted by IPR.
 It is having important application for Indian Patent act 1970, and also determination of
Amendment of patent act in 1999, 2002, 2005 and 2006.
 It is applicable for determination of Patent filling and Patent Granting Processes.
 It is applicable for determination of Patent Revocation and Patent Infringements.
 It is applicable for determination of Commercialization and Patent Licensing Processes.

CONCLUSION
Intellectual Property Right is Government Right is granted by the Government of India.
Intellectual Property right is concerned with intellectual activity in industrial, scientific,
literary & artistic fields. These rights Safeguard creators and other producers of intellectual
goods & services by granting them certain time-limited rights to control their use. The rights
given to people over the creation of their minds. They usually give the creator an exclusive
right over the use of his/her creations for a certain period of time. It is exclusive right is
granted by government for protection of Novelty as well as Originality of Patent oriented

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