NATIONAL INTELLECTUAL

PROPERTY AWARENESS MISSION

(NIPAM)
Presentation for Level-C

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 INTELLECTUAL PROPERTY

 Patents
 Designs
 Trade Marks
 Geographical Indications
 Copyrights
 Semiconductor Integrated Circuits
Layout-Designs
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Different IPs in a Single Product

LED display- Patent

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

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INTELLECTUAL PROPERTY RIGHTS

Brain
Resources

Labor

Property
IMPORTANCE AND SIGNIFICANCE

Protect

Exclude
others
Utilize
Commercialize
Earn

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UTILIZATION AND COMMERCIALIZATION

License or
Own Use Assign

Earn
Merchandise
Franchise
(Disney)

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Common
Businessman
Person

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8
 WHAT IS PATENT
 Patent is a grant by sovereign or state to a person

giving exclusive right to stop others from “making,

using, exercising, vending and importing”

AN INVENTION FOR A LIMITED PERIOD,

IN EXCHANGE FOR DISCLOSING IT IN A PATENT

SPECIFICATION such that any one having average skill in
the art can reproduce the invention.

 Right to exclude others from using your invention

 Owner has a qualified right to use the invention 9

 FAMOUS INVENTOR/INVENTIONS
In 1856, George
Alfred De Penning
a civil engineer, of
Calcutta petitioned
the Government of
India for grant of
exclusive privileges for
his invention
“An Efficient
Punkah Pulling
Machine”.

SCIENTISTS INVENTIONS
Thomas Alva Edison Phonograph
Alexander Graham Bell Telephone
Wright Brothers Aeroplane
Louis Pasteur Rabies Vaccination
10
Alexander Fleming Penicillin
 FAMOUS INDIAN INVENTIONS

Hepatitis Vaccine: Jaipur foot:

40 cents a dose product Affordable
giving health care access prosthetics
Nano Car: @US
to large number of people
2500 US $ from Tatas $ 28
with low purchasing
for providing an
power
opportunity for middle 11

income families
PATENTS

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13
WANT TO FILE PATENT APPLICATION IN INDIA
WHAT TO DO? WHAT FORMS SHOULD I FILL?
HOW MUCH IS THE FEE?
 Form-1:- Details of Application, Applicant Fees need to be paid

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

Particular of Drawings, Brief description of Drawing, Brief
Description of the Invention, Claims, Abstract, Drawings) Fees not
required (30 pages, 10 Claims)

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

required

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

 Form-18:- Request for Examination (shall be filed within 48 14

months from the earliest priority date / filing date, if not filed,
application deemed to be withdrawn) Fees need to be paid
 FEES E-FILING IN INR

Forms Natural Person or Other than natural

startup or Small Entity (E.g Company)
Or Educational Institute
Form-1 1600/- 8000/-
Form-2 No Fees up to 30 pages No Fees up to 30 pages
and 10 claims and 10 claims
Form-3 ---- ----
Form-5 ---- ----
Form-18 4000 20000
Total** 5600/- 28000/-

**Refer First Schedule of The Patents Rule, 2003 (As amended) for 15
more details.
 FILING PROCEDURE
 Submission of hard copy in The appropriate patent office. (Not
available for Patent agents)

 Online filing
 E-comprehensive file through portal
https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin
Require digital signature of Class-II/III

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COMPREHENSIVE E-FILING PORTAL

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 EXPEDITED EXAMINATION
 Start Up
 Small entity

 Applicant is a female (or Joint applicant with

other natural persons)
 Department of the Government and other Govt.
Establishments…(Refer Rule 24C(1) )
 India as a ISA/IPEA in PCT

 An agreement between Indian Patent Office and

a foreign Patent Office

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**Refer provisions of The Patents Rule, 2003 (As amended) for further details.
19
 Patent Application

PCT Convention Ordinary

Provisional Specification
31 months from the 12 months from the
12 months or
date of earliest date of earliest
section 9(4)
priority priority

Complete Specification Complete Specification

Expiry of 18
months

Immediately published as is already published or not before 18 months Published u/s 11A after the expiry of 18 months

Examination of application by Examiner of Patents &

Designs, Report put up to Controller of Patents &
Designs, Issue of First Examination Report

Compliance by applicant within 6 months or 6+3 months

(3 month extension by submitting Form4)

Examination of amendments by Examiner of Patents &

Designs, Report put up to Controller of Patents &
Designs, Issue of Subsequent Examination Report

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Hearing and Disposal (Grant / Reject)
 SCREENING AND CLASSIFICATION

Invention relating Referred to

to the Atomic Atomic Energy
Energy Dept
Not related to section 21(1)
Atomic Energy Act

Application for Screening and

Publication of Allotment of
Patents filed by Classification of
applications applications to
applicant Patent Application
Examiner

Not related to defense

Invention relating Referred to

to defense purpose DRDO

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 EXAMINATION
• Formal Examination
Examination • Technical Examination

First Examination • Gist of objections are communicated to the

Report applicant.

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

which met the requirement, communicate the
reply of Applicant pending objection to the applicant

• Technical discussion on pending objection

Hearing between applicant and hearing officer(s).

• Decision to grant or refuse the Patent based on

Grant or Refusal pending objections and submissions of the 22
applicant
 TECHNICAL EXAMINATION
Read and understand the
invention in relation with
drawing

Search for related earlier

publications (citations) on
worldwide database

Check for Novelty and

Inventive step with respect to
citations

Prepare Detailed Examination

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Report
 BASIC TIMELINES
Particulars Time
Provisional to Complete specification 12 Months
Request for Examination 48 Months
Reply to FER 6 Months

Form-3 6 Months
Form-5 1 Month
Withdrawal of Application 15 Months
Hearing Submission 15 days
Pre-grant Opposition Before Grant
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Post-grant Opposition One Year
25
 INDUSTRIAL DESIGNS
The Designs Act, 2000
The Designs Rules, 2001
The Designs (Amendment) Rules, 2021(latest)

DESIGN means only the features of shape, configuration, pattern,

ornament or composition of lines or colours applied to any article
whether in two dimensional or three dimensional or in both forms, by any
industrial process or means, whether manual, mechanical or chemical,
separate or combined, which in the finished article appeal to & are judged
solely by the eye;
but does not include
any mode or principle of construction or anything which is in substance a
mere mechanical device, and does not include any Trade Mark as defined
in clause (v) of subsection (1) of section 2 of the Trade And Merchandise
Act,1958 ( 43 of 1958) or Property Mark as defined in section 479 of the
Indian Panel Code.

Term of Design – 10 Years

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(Extendable to 15 Years)
 DEFINITIONS

Article [Section 2(a)]:

Article means any article of manufacture and any substance,

artificial or partly artificial and partly natural and includes any part of
article capable of being made and sold separately.

ORIGINAL [Section 2(g)]

in relation to a design, means originating from the author of such design

and includes the cases which though old in themselves yet are new in their
application

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DESIGN OF AN ARTICLE

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 ‘SET OF ARTICLES’ [RULE 2(E)]

‘Set’ means a number of articles of the

same general character ordinarily sold
together or intended to be used
together; all bearing the same design,
with or without modification not
sufficient to alter the character or
substantially to affect the identity
thereof.

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DESIGN OF SET OF ARTICLES
‘Set’ means a number of articles of the
same general character ordinarily sold
together or intended to be used
together; all bearing the same design

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 FILING OF DESIGN APPLICATIONS

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For physical filing DD in favour of “Controller of Designs” payble at
Kolkata
REQUIREMENTS TO FILE AN ORDINARY APPLICATION

1. Application Fee
 (Rs. 1000/- for individual/Small entity/Startup and Rs. 4000/- for
others)
2. Application Form-1
 Applicant’s full name,
 Nationality, legal status,
 Address, address for service in India
 Class no, name of the article
 Priority data (if any)
 Prior registration data (if any)
 Signature & Date
3. Two sets of Representation illustrating various views of article
4. Power of attorney (if required) : Form-21 (Section – 43)
5. Assignment document (if any)
6. Form 24 (if applicant is small entity/Start up) 32
 Documentary evidence w.r.t F-24 (For Indian Small Entity/Start up)
 Affidavit w.r.t F-24 (For Foreign Small Entity/Start up)
 SPECIMEN OF REPRESENTATION SHEET
Name……. Total sheet….
Sheet No…..

Perspective View
The novelty resides in the shape & configuration of the ‘TEA POT' as illustrated.
No claim is made by virtue of this registration in respect of any mechanical or
other action of any mechanism whatever or in respect of any mode or principle
of construction of the Article.
No claim is made by virtue of this registration to any right to the exclusive use
of the words, letters, numbers, or trade marks appearing in the representation.

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Dated: Signature of the applicant/agent
(Name of the Signatory)
34
 PUBLICATION

 All registered designs are published in Patent Office Journal

 Particulars of the registered design are published along with one or
more best views of representation

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 SHOWING YOUR IP IS PROTECTED

 Before delivery on sale of any article to which regd. Design is applied,

each article to be mark with ‘Registered’ or ‘Regd.” or ‘RD’ & also
with registration number, except for textile goods and brittle article.

 This may deter potential infringer and help in legal action

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 IMPORTANT TIMELINES FOR ORDINARY
APPLICATIONS

1. Reply to First Examination Report(FER) should be filed within 6 months

from the date of filing of application.
 The 6 months can be extended upto further 3 months.

2. Term of Design (Initially for 10 years from the date of filing)

 Extendable by another 5 years

3. Request for renewal to be filed within 10 years

4. Request for restoration of lapsed designs to be filed within 1 year of

from the date of cessation.

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38
 TRADE MARKS

 Concept:
 A trade mark is any word, name, symbol or device (or any
combination thereof)
 Identifies and distinguishes the source of the goods or
services of one trader from those of others.
 Function/ Importance:
 Provides exclusive monopoly over a class of goods or
services.
 Allows a business entity to build public goodwill and brand
reputation.
 Identifies the source / origin of goods or services
 Assures customers about quality of goods or services
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 SUBJECT MATTER OF TRADE MARKS

 Trade Marks (including Service Marks)

 Trade Names
 Collective Marks
 Certification Marks
 Tagline / Slogans
 Shapes
 Sound Marks

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 A “GOOD” TRADE MARK

 Distinctiveness
• Inherent
• Acquired
 Not deceptively similar
• honestly adopted / coined
• not similar to already existing mark
• before adopting a new mark, it is advisable to have a search
conducted and evaluated. It also avoids unnecessary
litigation.

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 HOW TO INDICATE YOUR TRADE MARK

Registered/Unregistered/
Only when Registered
Application Pending

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 HOW TO PROTECT YOUR TRADE MARK?

 Trade Marks registration is optional. However, registration

has certain advantages.
 Registration available at the national, regional or
international level.
 Initially registered for 10 years. Can be further renewed
indefinitely (10 years each time and so on).
 In case of non-use, non-renewal or no policing, trade mark
rights are lost.
 The existing trade marks registration is governed by The
Trade Mars Act, 1999 & The Trade Marks Rules, 2017.
 For more information, please visit:
https://ipindia.gov.in 43
44
 WHAT IS COPYRIGHT?

Allows the owner to:

- Bundle of Rights
Choose the ways Section 2(y) defines
- Automatic Right his/her copyrighted “Works” and Section
-Exclusive Right given works are made 13 of the Copyright
to creators of original available to the public. Act, 1957 provides for
work of authorship Prevent unauthorized the “Works in which
copying/reproduction copyright subsists”

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 Originality

Creativity
(Minimum Fixation
Modicum)

Criteria for
the work to
be
copyrighted
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FEATURES OF THE COPYRIGHT ACT, 1957

Provisions related to
Provisions related to the
Copyright Office and Provisions for statutory the rights of the
registration of copyright and compulsory owner of Copyright
(chapter 2 & 10 licensing of works. and tenure of
(chapter 6
Chapter 8 of Rules ) Chapter 4 to 10 of Rules) protection
(chapter 4)

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 FEATURES CONTD.

Provisions related Provisions

to broadcasting related to
rights and infringement and
performance remedies.
rights. (chapter (chapter 11) 48
8)
 SUBJECT MATTER OF COPYRIGHT
Literary works Artistic works
[S. 2 (o)] [S. 2 (c)]

Dramatic works Musical works

[S. 2 (h) [S. 2 (p)]

Sound Recording Works Cinematographic Films

[S. 2 (xx)] [S. 2 (f)]
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WHO ALL ARE THE AUTHORS OF THE WORK?
(SECTION 2(D))

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RIGHTS OF AUTHORS OF COPYRIGHTED WORKS

Copyright

Economic Rights Moral Rights

(S. 57)
(S. 14)

Transferrable rights. May be assigned to

other owners for a sum of money or Non transferrable rights. They
royalties depending on the proposed remain with the original author.
usage of the work. 51
 SCOPE OF ECONOMIC RIGHTS

Reproduction Right • Preventing others of making copies of your work

• Right to reproduce work in material form

Distribution Right • Dissemination of physical copies of work

• Right of rental

Right to create • Adaptations, translations, compilations

derivative works • Cinema, sound recordings

Right of communication • Relaying of work by distant or interactive

to public communication means

Right of public • Right to perform the work in public

performance
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 SCOPE OF MORAL RIGHTS

• The right to object to the work being distorted

Right or used in contexts that are prejudicial to the
against honor and reputation of the author.
• The author can oppose the distortion of the
Distortion work in such a way that its cultural or artistic
(Integrity) integrity is adversely affected.

Right of • The right to claim to be the author of the

Recognition work and to have that authorship recognised.
(Authorship • The right to have the author’s name
mentioned, for instance when the work is
/Paternity) reproduced.
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 TERM OF PROTECTION (S. 22)
Published literary/ Dramatic, Life of author + 60 years
Artistic and Musical work

Cinematographic Film and Sound 60 years from date of publication

Recording

Broadcast Reproduction Rights 25 years from the year following

the year of broadcast

Performance Right 50 years from the year following

the year in which performance is
made
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 APPLICATION PROCEDURE

⮚ FORM-XIV
⮚ Every such application can be filed in the Copyright Office by person or
by post or by e- filing facility.

⮚ Payment can be made in the form of payment gateway/DD/IPO.

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 EXAMINATION OF APPLICATION

Prescribed fees (schedule 2)

S. No. Class of Work Fees

1. Literary, Dramatic, Artistic, Musical 500-/ INR

2. Artistic
(To be used or capable of being used on 2000-/ INR
goods and services)
3. Sound Recording 2000-/ INR

4. Cinematograph Films 5000-/ INR

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 EXAMINATION PROCEDURE
Application
Received at Formality Waiting No
Scrutiny
Copyright Check Period Discrepancy
Office
Discrepancy
Discrepancy
No letter is issued
to the applicant Approval by
Response Dy.
Registrar
Discrepancy
Removed
Application
Abandoned Rejected
Hearing
before No
Registrar

Registration Yes 57
Approved
Semiconductor Integrated Circuits Layout-Design

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 INTRODUCTION OF SICLD
 "Semiconductor Integrated Circuit (SIC)" means a product having transistors and other
circuitry elements, inseparably formed on or inside a semiconductor or insulating
material, designed to perform an electronic circuitry function.

 “Layout-Design" means a layout of transistors and other circuitry elements and includes
lead wires connecting such elements and expressed in a manner in SICs.

 Semiconductor Integrated Circuits Layout-Design (SICLD) Registry, Delhi is the office

where the applications on Layout-Designs of integrated circuits are filed for registration
of created IPR.

 SICLD is an important IPR for protection of products with fast changing technologies,
such as electronic gadgets, computers etc.

 The registration of a layout-design is for a period of 10 years from the date of

application filing or first commercial exploitation, whichever is earlier. 59
 SICLD PROCESSING AND USES

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SICs: Basis of advanced electrical, electronics and IT technologies
GEOGRAPHICAL INDICATION

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Video -2

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COURTESY-CIPAM
 GEOGRAPHIC INDICATIONS (GI)
A Geographical indication (GI) is an indication that identifies a product that have a
specific geographical origin and possess qualities or a reputation that are due to
that origin.

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Courtesy: GI Registry
 DARJEELING TEA MAKRANA MARBLE

RATLAMI SEV KANCHEEPURAM SILK

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Courtesy: CIPAM
 KATHPUTLIS OF BAGH PRINTS OF
RAJASTHAN MADHYA PRADESH BENGAL PATACHITRA

CHERIYAL PAINTINGS BIDRIWARE WARLI PAINTING

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Courtesy: GI Registry & CIPAM

 MAGAHI PAAN DEVANAHALLI POMELLO APPEMIDI MANGO

KASHMIR SAFFRON SHAHI LITCHI OF BIHAR COORG ORANGE

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Courtesy: GI Registry
67
Video-3

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COURTESY-CIPAM
 VALIDITY
 Patents- 20 years term
There is nothing called global / international patent
 Designs- 10 years + 5 years
 Trade Marks- Indefinitely subject to renewal (initially for 10 years)
 GI-Indefinitely subject to renewal (initially for 10 years)
 Copyright (Published literary/ Dramatic, Artistic and Musical work)-
lifetime of the author + sixty years

Who can Apply:- Person (Individual not for GI) or legal representative
Person includes:- Firm, partnership, small entity and a body corporate

All IP rights are territorial in nature

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 POINTS TO REMEMBER
 First protect then Publish

 Rights are Territorial (Limited to boundary of Country/ sovereign authority),

registration is required (in each country)*

 Registration is done by sovereign authority (i.e. Government of India)

 Rights for limited period of time

 No automatic relief.(Need to file infringement suit)

 Renewal fees to be paid for some IPRs*

 Appointment of Patent Agent is not Compulsory; applicant can sign the 70

documents and file himself.
* - Except Copyright and Trade secret
71
 CAREER OPPORTUNITIES
 Government Job
 Examiner of Patents and Designs
 Examiner of Trademark and GI
 Examiner of Copyrights

 Others
 Patent Agent
 Trademark Agent
 JRF/SRF in Patent Facilitation Centers
 Patent Litigation and other opportunities in
private sector
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 CONTACT DETAILS FOR FURTHER TRAINING

Rajiv Gandhi National Institute of Intellectual Property

Management (RGNIIPM),
03, Hislop College Road, Civil lines, Near
Nagpur University, Nagpur,
Maharashtra - 440001
Phone: 0712 –2542961 / 2542979 / 2540913 /
2540922
Email: rgniipm.ipo@nic.in
Website: https://ipindia.gov.in 73
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Activity: Find the famous Trademarks?

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Activity: Find the famous Trademarks?

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FIND THE IP

1 2

5
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Which type of IP protects the painting
painted by artists?

 Copyright
 Geographical indications

 Patents

 Designs

 Trademarks

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What protects the intellectual property
created by fashion designers?

 Copyright
 Geographical indications

 Patents

 Designs

 Trademarks

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What protects the advanced disk brake for
bike developed by the inventors?

 Copyright
 Geographical indications

 Patents

 Designs

 Trademarks

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Which of these is a geographical
indication?

 BMW
 Nagpur Orange

 Ironing machine with stem

 Playstation

 World Wide Web

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What does a trademark protect?

 An invention
 A work of art

 Logos, names and brands

 A secret formula

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How long can a patent last?

 10 years
 20 years

 40 years

 60 years

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If you write an original story, what type of
intellectual property gives you the right to
decide who can make and sell copies of
your work?

 Copyright
 Geographical indications
 Patents
 Designs
 Trademarks
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Imagine a cricketer sets up his own
company to sell his own range of clothes.
What type of intellectual property can he
use to show that the clothes are made by his
company?

 Copyright
 Geographical indications
 Patents
 Designs
 Trademarks

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If a company develops a new technology
that improves its main product, what type of
intellectual property can they use to stop
others from copying their invention?

 Copyright
 Geographical indications
 Patents
 Designs
 Trademarks
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www.ipindia.gov.in

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