Patent and Copyright

Unit 5

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 Essentials : Patents
⮚ What is Patent?
⮚ Why should one go for Patent?
⮚ Why Patent is necessary?
⮚ Need of a Patent
⮚ Can a patent be obtained
worldwide?
⮚ Requirement of Patent
⮚ Types of Patents
⮚ Patent Granted for
⮚ Invention not Patentable
⮚ What Rights does a Patent Owner
have?
⮚ Limitations of a Patent
⮚ Patent Grant Procedure
⮚ Journey of Indian Patent System
⮚ The Indian Patent Act – 1970
⮚ Treaties & Foreign Patents
⮚ WIPO
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Patent word from Latin:

Patere"To Lay Open“
(To make it available for public
inspection)
✔ Patent is a grant from the government.
✔ A guarantee for a limited period of time.
✔ The required privilege for
⮚ Making
⮚ Selling
⮚ Using the invention
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Definition : Patent ( Restriction :USE ,

MANUFACTURE, SELL )

⮚ A patent is the right granted by a

government to an inventor to exclude
others from imitating, manufacturing,
using or selling the invention in question
for commercial use during the specific
period.

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● A patent is a monopoly right to a person who

has invented a new and useful article or it is an
improvement of an existing article or a new
process of making an article.

● A patent is not granted for an idea or principle

as such, but it is granted for some article or the
process of making the same article.

● The term of everypatent : 15-20 years

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 Why should one go for
Patent?

Prevention against Prevent secret

MISMMISUSE Of the exploitation of
invention through invention by the
workmen of inventor. competitor.

Patentee can get monetary

On obtaining patent reward by granting
licenses to others, or by
the patentee can cross- licensing or, by
lawfully enforce assigning the patent, or,
against infringers. by donating the patent &
get the tax benefit.
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Why Patent is necessary ?

⮚ To encourage research and development.

⮚ Induces an inventor to disclose his invention.

⮚ Stimulate capital investment affects economy.

⮚ Encourages technology development.

⮚ Encourages establishment of new industries.

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Need of Patent

● To protect the creativity of individual

● To protect their invention from being copied
● To reward the inventor

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 Can a patent be obtained
worldwide?
⮚ At present, no world patents exist.

⮚ In general, an application for a patent must be filed, and a patent shall be

granted and enforced, in each countryin

which you seek patent protection.

⮚ In some regions, a regional patent office, for

example, the European Patent Office

(EPO) grants patents, which have the same effect as

applications filed, or patents granted, in the member

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Patent Requirement

Novelty

Inventiveness

Industrial Application and Usefulness

Patentability

Discloser
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⮚ Novelty - The invention must be new and should not be

already known to the public.

⮚ Inventiveness- The invention should not be obvious to a

person skilled in the art and should represent an innovation.

⮚ Industrial Application and Usefulness - The subject matter of

the patent must have an industrial application, either
immediate or in the future that is useful to the society/nation.

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⮚ Patentability - The subject matter of a patent must be

patentable under the existing law and its current
interpretation. For example, The Indian patent act of 1970
did not allow product patents in pharmaceutical foods and
agro chemicals. But this act has now been amended as Indian
patent act 1999 and the new act allows product patents
except for some specified medicine drugs.

⮚ Disclosure - The inventor is required to describe his

invention in sufficient detail so that a person of normal skill
is able to reproduce it.
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 TYPES OF PATENTS

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holistic development to make effective contribution to Love of Fellow Beings
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1. Utility patents - Utility patents may be granted to anyone
who invents or discovers any new and useful process,
Types of
machine, article of manufacture,
Patent or composition of matter,
or any new and useful improvement thereof.

2. Design patents - Design patents may be granted to

anyone who Invents a new, original, and ornamental
design for an article of manufacture.

3. Plant patents - Plant patents may be granted to anyone

who invents or discovers and asexually reproduces any
distinct and new variety of plant.
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Patents can be granted for

1. An invention (including a product),

2. Innovation/improvement in an
invention,
3. Process/product of an invention,
4. A concept.

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What invention is NOT patentable ?

⮚ Just a theory or based on known theory.
⮚ Based on traditional knowledge
⮚ Arrangement or rearrangement in a known way
⮚ Related to atomic energy
⮚ Contrary to natural laws
⮚ A method for –
∙ Human health related
∙ Agriculture
∙ Horticulture

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Famous Examples of Patents

⮚ A patent entitled BASMATI RICE line and grain for a novel,

high yielding, medium dwarf, photo insensitive rice having
all the desirable features of basmati rice was awarded to
RiceTech Texas (USA) in USA on September 2, 1997.

⮚ These claims were challenged by India and the request for re-
examination of the patent was filed on April 28, 2000.

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Match the following :

Protection of invention 1856

Indian patents & designs act 1911
Patents act (act 39 of 1970) 1972
-Only process patents | 14 years, 5 years
(food/drug)
India joins WIPO 1975

India signs TRIPS (after joining WTO) 1999

Amendments
1999, 2002, 2004,
-Product patents | 20 years patent period
2005

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Answers:

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The Indian Patent Act, 1970

⮚ The Indian legislation which controls the patents system.

⮚ In India the grant of patents is governed by the patent act
1970 and rules 1972 which is operative in the whole of
India.

⮚ There are 23 chapters and 162 sections

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Treaties and Foreign Patents

⮚ The rights granted by a U.S. patent extend only in the United States and
have no effect in a foreign country.

⮚ Paris Convention

⮚ The World Intellectual Property Organization (WIPO).

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WIPO

⮚ World Intellectual Property Organization.

⮚ WIPO is an agency of the United Nations.
⮚ Established 1967
⮚ Headquarters Geneva

⮚ Goal-developing a balanced and accessible international

intellectual property (IP) system, which rewards creativity,
stimulates innovation and contributes to economic
development while safeguarding the public interest.

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Key Takeaways and Revision

A patent is a property right issued by a government authority allowing

the holder exclusive rights to the invention for a certain period of time.
∙ There are three types of patents: utility patents, plant patents, and
design patents.
∙ A trademark is a word, symbol, design, or phrase that denotes a
specific product and differentiates it from similar products.
∙ Copyrights protect “original works of authorship,” such as writings,
art, architecture, and music.

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What Is a Patent?
It safeguards an original invention for a certain period of
time and is granted by the United States Patent and
Trademark Office (USPTO). By granting the right to produce
a product without fear of competition for the duration of the
patent, an incentive is provided for companies or individuals
to continue developing innovative new products or services.

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Types of patents

There are three types of patents:

utility patents, plant patents, and design patents.

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Utility Patent : It covers the creation of a new or improved product, process, or machine. Also
known as a “patent for invention,” it bars other individuals or companies from making, using,
or selling the creation without consent. Utility patents are good for up to 20 years after the
patent application is filed, but require the holder to pay regularly scheduled maintenance fees.
While most people associate patents with machines and appliances, they can also apply to
software, business processes, and chemical formulations such as in pharmaceutical products.
Plant Patent: It protects a new and unique plant’s key characteristics from being copied,
sold, or used by others. It is also good for 20 years after the application is filed. The plant must
be asexually reproducible with reproduction being genetically identical to the original and
performed through methods such as root cuttings, bulbs, division, or grafting and budding.
Design Patent : It applies to the unique look of a manufactured item. Take, for example, an
automobile with a distinctive hood or headlight shape. These visual elements are part of the
car’s identity and may add to its value; however, without protecting these components with a
patent, competitors could potentially copy them without legal consequences.

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What Is the Difference Between a Patent, Copyright, and

Trademark?
A patent protects new inventions, processes, or scientific
creations, a trademark protects brands, logos, and slogans,
and a copyright protects original works of authorship.

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 Copyright

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CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution to Love of Fellow Beings
the society in a dynamic environment Social Responsibility | Pursuit of Excellence
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Copyright

It is a right that is provided to the owner of a literary or artistic work. It is

an
exclusive right to control the publication, distribution and adaptation of
creative works.

Oxford English Dictionary - “The exclusive right given by law for a

certain term of years to an author, composer etc. (or his assignee) to print,
publish and sell copies of his original work”

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What can be protected ?

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Whose Rights are protected?

● Copyright protects the right of Author, i.e., creator of Intellectual
Properties.
He/she is also called the First Owner of Copyright.
However, in course of employment, the employer is the first owner of
these rights.
● Work----------------------------------------- Creator of Work

● Literary or dramatic work ------------- Author

● Musical Work ----------------------------Composer

● Cinematograph --------------------------Producer

● Sound recording ------------------------Producer

● Photograph-------------------------------Photographer
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A few important facts

No single “International copyright” for whole world.

The Copyright Act of each country is compliant with most international

conventions and treaties.

In India, the Copyright Act, 1957 is compliant with these international

conventions and treaties-

1. Berne Convention of 1886

2. Universal Copyright Convention of 1951

3. Agreement on Trade Related Aspects of Intellectual Property Rights

(TRIPS)

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Indian Copyright Act, 1957

● First right in India in 1914

● Now, Indian Copyright Act, 1957; w.e.f. 1958

● Further amendments in 1983,1984,1992,1994,1999

● Adopted many English provisions, introduced new ideas and

concepts.

● Created Copyright Office and Copyright Board.

● Introduced civil and criminal remedies against infringement

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Indian Perspective on Copyright

The Copyright Act, 1957 confers copyright

protection in the following two forms:

Economic Right

Moral Right

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Economic Rights
Economic Rights : Several exclusive rights typically attach to the holder
of a
copyright-

● To produce copies or reproductions of the work and to sell those

copies
(including, typically, electronic copies).
● To import or export the work.

● To create derivative works (works that adapt the original work).

● To perform or display the work publicly.

● To sell or assign these rights to others.

● To transmit or display by Excellence

radio or andvideo.
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Moral Rights

● Right of paternity : To claim authorship of work and to prevent all

others from claiming authorship of his work.

● Right of integrity : To prevent distortion, mutilation or other

alterations of his work, or any other action in relation to said work,
which would be prejudicial to his honour or reputation.

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Term/Duration of Copyright

● Term/Duration of Copyright

➢ The general rule is that copyright lasts for 60 years.

● It is counted –

From the date of publication

From the death of the
➢ Cinematograph films
author
➢ Sound recordings
➢ Literary
➢ Photographs
➢ Dramatic
➢ Posthumous publication
➢ Musical
➢ Works of government &
➢ Artistic work
international organizations
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