YOUR INNOVATION

AND
INTELLECTUAL PROPERTY
 OBTAINING IP PROTECTION

Which “type” of IP protection

“Where”
“How” totoobtain ?
obtain ?
to obtain ?

The presentation herein is only for informational

purposes and should not be construed as any
legal advice.
INTELLECTUAL PROPERTY -
CLASSIFICATION

Patents

Copyrights

Trademarks

Designs

The presentation herein is only for informational

purposes and should not be construed as any
legal advice.
4

WHAT IS “IP”?

• Intangible rights in commercially valuable

information permitting owner to control market for
products embodying the information
• Copyrights for artistic & literary works
• Patents for technological inventions
• Trade secrets for commercially valuable secrets
(e.g., source code, Coke formula)
• Trademarks (e.g., Coke) to protect consumers
against confusion
5

ELEMENTS OF IP
LAW
• Subject matter to be protected
• Qualifications for protection
– Who can claim
– Procedure for claiming
– Substantive criteria
• Set of exclusive rights
• Limitations on exclusive rights
• Infringement standard
• Set of remedies
 POTENTIALITY OF
INTELLECTUAL CREATION
Product or service - Protection by various forms of IP rights covering
different aspects of the product or service for revenue generation in
business
Patent for a CD Player with a gaming device

Design for providing protection for the aesthetic

features of the CD Player

Trademark for product name that identifies the

CD Player in order to distinguish it from other
CD Players

The presentation herein is only for informational

purposes and should not be construed as any
legal advice.
 PATENT

Granted as an exclusive right by government of a country for an

invention for a limited period of time in consideration by the disclosure
of the invention by an applicant

Excludes others from an unauthorized act of making, using, offering

for sale, selling, or importing the patented invention during the term of
the patent

Territorial right

The presentation herein is only for informational

purposes and should not be construed as any
legal advice.
 PATENT

Patentability Criteria
Novel - Should not be
Published any where in the world, or
Used in a country, or
Disclosed in any patent application, or
Part of Prior Knowledge anywhere in the world

Non-obviousness

Should not be obvious to a person skilled in the art

• Industrial Application
• Should be capable of being made or used in an industry
The presentation herein is only for informational
purposes and should not be construed as any
legal advice.
 FILING ROUTES
INVENTION

Provisional Application
Regular Application
(Complete Specification)

Wait for 6 Weeks and File Outside

PCT International Convention Application
Publication
Application
EXCLUSIVITY (Multiple Countries)

National Phase Application FOR

Examination Foreign Filing License
(Multiple Countries)
TWENTY YEARS
Examination Report(s)

Reply

Grant/
The presentation Rejection
herein is only for informational
purposes and should not be construed as any
legal advice.
 How to obtain an effective
Patent

To ensure obtaining an ‘EFFECTIVE PATENT’

Conduct proper pre-filing activities that include
Exhaustive Patentability Searches
Proper Patent Application Preparation Activities
Drafting of claims
Drafting of detailed description, supported by formal figures

The presentation herein is only for informational

purposes and should not be construed as any
legal advice.
 SYNERGIZING
INNOVATION & IP

PATENT
MINING

PATENT PATENTABILITY
ANALYTICS SEARCH

IP
ACTIVITIES
VALIDATION/
PATENT
INVALIDATION
DRAFTING
STUDY

INFRINGEMENT
PROSECUTION
STUDY

The presentation herein is only for informational

purposes and should not be construed as any
legal advice.
 Patent - Activity

Claim(s) Specification

Drawing(s)

Open-ended Close Provisional Complete

Patent
Hybrid

The presentation herein is only for informational

purposes and should not be construed as any
legal advice.