Basics of Intellectual Property Law

The Basics of Intellectual
Property Law
Srinivas Maddipati
Patent Agent (IN/PA 3124)
Managing Director
@
Eeva IP & IT Services Pvt Ltd

Hyderabad | Vijayawada | Visakhapatnam | Bangalore
IPR (Intellectual Property Rights)
• Intellectual Property
rights are legal rights
given for novel
creations by a human
All rights reserved. Copyright @ 2015 Eeva IP & IT Services Pvt Ltd
Types of Intellectual Property
• Patents
• Trademarks
• Copyrights
• Trade Secrets
How to Acquire Rights
• Patents
by Application, Examination and Grant
• Trademarks & Service Marks
by Use in Interstate Commerce, then
registration
• Copyright
• Trade Secrets (by writing something) --
perfected by declaration and registration
Patents & its Types
• A patent is a right granted to the owner of an
invention that prevents others from making,
using, importing or selling the invention without
his permission.
• Utility
 Plant
▫ Design
What Is A Patent?
 Grant by the Govt., to provide individuals
legal protection for their discoveries
(inventions)
 Gives the patent owner the right to prevent

others from making, using or selling the
claimed invention within the United States or
Country of Issue.
Life & Duration
• Life of utility patent - 20 years from
date of filing application.
• Effective only in India (foreign
patent applications filed separately
based on Indian application are
available).
INVENTION PATENTABLE
• NEW
IF........
• USEFUL
• NOT OBVIOUS
• PERTAINS TO
PATENTABLE SUBJECT
MATTER UNLESS
• GRANT OF PATENT IS
NOT BARRED
SUBJECT MATTER PATENTABLE
• A PROCESS
• A MACHINE
• A COMPOSITION OF MATTER
• A MANUFACTURE
Utility Patent
• Whoever invents or discovers any new and
useful process, machine, manufacture, or
composition of matter, or any new and useful
improvement thereof, may obtain a patent
therefor, subject to the conditions under Patent
law.
What Does a Patent grant
certificate in India look
like?
Interesting Utility patents in the US
• Display panel of a
programmed
computer system
with a graphical user
interface.
• Googles search page

is Patented and no
one can have same
layout.
Overall Worldwide Patent Filing Trends
According to the WIPO, there are • Here’s a breakdown of the
137 lakh patents in force top countries with patents in
worldwide by end of 2018. force:
• United States: 29.8 lakhs
• China: 20.9 lakhs
• Japan: 20.1 lakhs
• United Kingdom: 12.4 lakhs
• Republic of Korea: 9.7
lakhs
Trends in India
Grant of patents during 2018-19

rose 12 per cent due to various
measures taken by the commerce
and industry ministry to streamline
patent examination process,
according to an official data.
Trends in India
FILINGS (2018-19):
Applications Filed – 28853

Design Registrations – 3138
Applicant Type
Firm – 23218
Individuals – 2612
Universities – 1227
Government – 251
Hospital – 47
Institute – 4
Plant Patents
• Whoever invents or discovers and asexually
reproduces any distinct and new variety of plant,
including cultivated spores, mutants, hybrids,
and newly found seedlings, other than a tuber
propagated plant or a plant found in an
uncultivated state.
▫ No bacteria or similar single-cell organisms need

apply!
Sweet Tango
• Minneiska variety
• In 2005, Pepin
Heights, Inc. received
the exclusive License
to commercialize this
cultivar from the
University of
Minnesota.
Foreign Rights
• PCT
Filing within a year.
Acquiring foreign rights.
For making a choice.
• National Filings
• Cost
Statutory + Foreign attorney fee as the Patent
offices mandates for local address/attorney to
represent.
Design Patents
• Whoever invents any
new, original, and
ornamental design
for an article of
manufacture may
obtain a patent.
Other forms of IP!
Trade
Trade &
& Service
Service
Marks
Marks
Marks
Marks
• Trademarks® , ™
▫ A trademark identifies tangible good or product of a company
or individual.
• Service marks ®, SM
▫ A service mark identifies the service s of a provider. Marks used

by a company can function as both.
• Trade names
▫ Once a trade name was used to denote any mark descriptive of a
good or service.
▫ Today, it is a company business name. All rights reserved. Copyright @ 2015 Eeva IP & IT Services Pvt Ltd
Acquiring Trademark Rights
• Types of trademark
• TM - a Trade Mark™ - used before registration
• SM - a Service Mark SM - used before registration
• Used in Interstate Commerce
• Rights by Registration®
• Unfair Competition
 Misuse of Trade Dress
 Passing Off
All rights reserved.
Copyright @ 2015 Eeva IP
& IT Services Pvt Ltd
Other forms of IP
Copyright ©
©
Copyrights
• Copyright law protects the expression of an idea.
Not the idea itself.
• Copyright protects
▫ “…original works of authorship fixed in any
tangible medium of expression, now known or
later developed, from which they can be perceived,
reproduced, or otherwise communicated, either
directly or with the aid of a machine or device.”
Original
• The term original in the copyright law means
that the work originated with the author.
• There is no requirement for novelty or

uniqueness as there is in patent law.
• Must originate with author.
Fixed in a Tangible Medium
• Any stable medium that will record or reproduce
the material is acceptable
• Computer software satisfies the fixation the
moment the material is stored
• a computer display is considered fixed even if it
appears momentarily and only returns under
certain conditions (games)
Duration
• Depends on whether published? Registered, first
term, renewal etc.
• Post -
▫ Life of author + 50 years
▫ Work-for-hire 75 years from publication, 100
years from creation which ever is first
Ownership
• Works for Hire - employer is considered the
author when:
▫ work prepared by an employee within the scope or
his/her employment
▫ work specially ordered or commissioned for use as a
contribution to a collective work
• Transfer of title v Work-for-Hire
▫ under a work for hire, employer is considered the
owner. Duration 75 years from pub or 100 from
creation. Transfer (assignment etc. 35 years)
Fair Use
• Limited use without owners permission
▫ criticism, comment, parody, news reporting,
teaching, scholarship or research
▫ criteria
 purpose and character of use
 nature of original work
 amount of work used
 extent of harm
I hope now you all are not short of IPR
knowledge to guide your partners at
work anymore
The end
Q&A’s @ +91-96766 05678;

Email: srinivas@eevatech.com

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The Basics of Intellectual

Eeva IP & IT Services Pvt Ltd

 Gives the patent owner the right to prevent

• Googles search page

Grant of patents during 2018-19

Applications Filed – 28853

▫ No bacteria or similar single-cell organisms need

▫ A service mark identifies the service s of a provider. Marks used

• There is no requirement for novelty or

• Must originate with author.

Q&A’s @ +91-96766 05678;

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