intellectual property rights

INTELLECTUAL PROPERTY RIGHTS

Dr. Basavaraj K. Nanjwade M. Pharm., Ph.D

Department of Pharmaceutics

KLE University College of Pharmacy

BELGAUM-590010, Karnataka, INDIA

CONTENTS

• Types of IP

• Definition

• Scope

• Objective of Patents

• Contents of Patent

• Claims and types of claims

01 March 2011 2Allicance Institute, Hyderabad

CONTENTS

• Key terminology used in Patents - Application

- Examiner

- Prior art

- Priority

- Specifications

- Provisional and non-provisional applications

- Claims

- Applicant

- Assignee

- Inventor

- Anticipation

- Obviousness

- Infringement and Invalidation


Types of Intellectual Property

• Copyright• Related Rights• Trademarks• Geographical Indications• Industrial Designs• Patents• New Plant Varieties• Unfair Competition• Enforcement of Intellectual Property Rights• Emerging Issues in Intellectual Property

1. Biotechnology2. Traditional Knowledge


Copyright

• What is copyright?

Copyright aims at providing protection to authors ( writers, artists, music composers, etc) on their creations. Such creations are usually designated as ‘works”.

01 March 2011 Allicance Institute, Hyderabad 5

Related Rights• What are related rights?

Related rights provide protection to the following persons or

organizations:

- Performers (actors, musicians, singers, dancers, or generally

people who perform), in their performances

- Producers of sound recordings (for example, cassette

recordings and compact discs) in their recordings and

- Broadcasting organizations, in their radio and television

programs.

Sometimes, these rights are also referred to as neighboring rights.


Trademarks• What is a trademark?

A trademark is a sign that is used to identifycertain goods and services as those producedor provided by a specific person orenterprises.

E.g. “DELL” is trademark that identifies goods (computers andcomputer related objects).

E.g. “CITY BANK” is a trademark that relates to services(banking and financial services).


Geographical Indications

• What is a geographical indication?

A geographical indication is a sign used on goods and statingthat a given product originates is a given geographical area andpossesses qualities or reputation due to that place of origin.

Geographical indications may be used for a variety ofproducts, such as agricultural products.

e.g. i. Cheese- “Roquefort” produced in this region of France.ii. Olive oil- “Tuscany” for olive oil produced in specific region in Italy.iii. Tea- “Darjeeling” which is grown in India.iv. Wines and Spirits- “Scotch Whisky” which originates in Scotland.


Industrial Designs

• What is an industrial design?

An industrial design is the ornamental or aesthetic aspect of an

article. The design may consist of three-dimensional features,

such as the shape of an article, or two-dimensional features,

such as patterns, lines or color.

Industrial designs are applied to a wide variety of products of

industry and handicrafts such as technical and medical

instruments, watches, jewelry, house ware, electrical

appliances, vehicles, architectural structures, textile designs

and other luxury items.


Industrial Designs

• To be protected under most national laws, an

industrial design must appeal to the eye. This

means that an industrial design is primarily of

an aesthetic nature, and does not protect any

technical features of the article to which it is

applied.


Patents• What is a patent

A patent is an exclusive right granted in respectof an invention, which may be a product or aprocess, that provides a new and inventive way ofdoing something or offers a new and inventivetechnical solution to a problem.

Examples: Electric lighting- patents held by Edison and SwanPlastic- patents held by BaekelandBallpoint pens- patents held by BiroMicroprocessors- patents held by Intel.Telephones-patents held by BellCDS-patents held by Russell.


New Plant varieties

• Why protect new varieties of plants?– Providing an effective system of plant variety

protection has the aim of encouraging thedevelopment of new varieties of plants, for thebenefit of society.

– The breeding of new varieties of plants requiressubstantial amounts of investment (skill labor, money,time, etc.).

– Providing exclusive rights to breeders is an incentiveto the development of new plant varieties foragriculture, horticulture and forestry


Unfair Competition

• What is unfair competition?

Unfair competition is generally understood as any actof competition that is contrary to honest practices inindustrial or commercial matters.

A dishonest practices is not something that can bedefined with precision.

The standard of fairness or honesty may change fromcountry to country, as well as evolve with time. It is,therefore, difficult to attempt to encompass all existing actsof unfair competition in one definition.


Enforcement of Intellectual Property Rights

• Infringement of intellectual property rights

A publisher may own copyright in a book, whichhas been reproduced and sold without his or herconsent, at a cut price.

A sound producer, who has invested large amountsof money, in terms of talent and technical skill, inproducing a records, sees that copies of it are sold onthe market, at cheap prices, without his authorization.



Someone else’s trade mark may have been used bya company on similar or identical goods of lesserquality, harming thus the reputation of the legitimateowner, and inflicting on him or her serious financialloss, let alone exposing customer’s health to danger.

Somebody may be using the geographicaldenomination of “Roquefort” on cheese manufacturedelsewhere than in the region of Roquefort in France,thus deceiving the consumers as well as taking awaybusiness from legitimate producers.



In all such cases intellectual property rights(i.e. copyright, related rights, trademarks,geographical indications) have been infringed.It is important that in such cases enforcementmechanisms be called into play to protect notonly the legitimate interests of the rights ofthe owners, but also of the public.


Emerging Issues in Intellectual Property

Intellectual property plays an importantrole in an increasingly broad range of areas,ranging from the internet to health care, tonearly all aspects of science and technology,literature and the arts.

The following two topics, Biotechnologyand Traditional Knowledge, are now beingdiscussed at length at the international arena.


Biotechnology• What is Biotechnology?

Biotechnology is a field of technology of growingimportance in which inventions may have a significanteffect on our future, particularly in medicine, food,agriculture, energy and protection of the environment.

The science of biotechnology concerns livingorganisms, such as plants, animals, seeds andmicroorganisms, as well as biological material, such asenzymes, proteins and plasmids (which are used in“genetic engineering”)


Traditional Knowledge

• Traditional knowledge-used here broadly to referto tradition-based innovations and creationsresulting from intellectual activity in theindustrial, scientific, literary or artistic fields-hadbeen largely over-looked in the IP communityuntil quite recently.

• It is now increasingly recognized that theeconomic value of traditional knowledge assetscould be further enhanced by the use of IP.


What is Meant by Intellectual Property?

• Intellectual property is a right you have on your creations, like a film, a musical composition, an invention, a brand name, etc.

• If you have an intellectual property (IP) over any of your work or ideas, others need to take your permission before using it.

• Otherwise you can initiate legal action against such persons.


What is Meant by Intellectual Property?

• Intellectual property refers to the right over the intellectual work and

not the work itself. The work can be either artistic or commercial.

• The artistic works come under the category of copyright laws, while

the commercial ones, also known as industrial properties, are ruled

by copyrights, trademarks, industrial design rights and trade secrets.

• Copyright laws deal with the intellectual property of creative works

like books, music, software, painting, etc.

• Industrial properties cover those created and used for industrial or

commercial purposes.

• As stated earlier, intellectual property is categorized into various

types as per the nature of work.

• The most common types of intellectual property are copyrights,

trademarks, patents, industrial design rights and trade secrets.


What is Intellectual Property

The history of the human race is a history of theapplication of imagination, or innovation andcreativity, to an existing base of knowledge in orderto solve problems or express thoughts.

Penicillin, plant medicines and cures in SouthernAfrica, the transistor, semiconductornanotechnology, recombinant DNA drugs, andcountless other discoveries and innovations, it hasbeen the imagination of the world’s creators thathas enabled humanity to advance to today’s levelsof technological progress.


Definition

Intellectual property ... a category ofintangible rights protecting commerciallyvaluable products of the human intellect.

The category comprises primarilytrademark, copyright, and patent rights, butalso includes trade-secret rights, publicityrights, moral rights, and rights against unfaircompetition.


http://www.duhaime.org/LegalDictionary/T/Trademark.aspx

http://www.duhaime.org/LegalDictionary/C/Copyright.aspx

http://www.duhaime.org/LegalDictionary/P/Patent.aspx

http://www.duhaime.org/LegalDictionary/T/TradeSecret.aspx

Scope

1.The pharmaceutical industry has relied to a considerable

degree on contracting and outsourcing, especially upstream in

R&D through various licensing arrangements and down

stream through co-marketing agreements. This is referred to as

the cluster approach.

2. Expanded sharing information including creation / use of

collaborative knowledge network (CNK), can greatly enhance

the company performance.


Scope

3.More web-based approaches will provide the foundation forthese systems.

4.The greatest positive impact of IT is likely to be in R&D Where systems can contribute to faster approval and market introduction of products.

5.To attain leading position in branded products, they must emulate their global counterparts in initiating strategic alliance with smaller biotech company, which are expected to key future source of innovation.


Scope6. Focusing on physician as key decision-makers has

long been a priority of the pharmaceutical industry ; physician will continue to be the most important gatekeeper to the market. ? The patient direct consumer of pharmaceutical can do this better collection and analysis of consumer data related to products both currently marketed and in development. Additional advantage to identify patient populations for clinical trials, facilitating the expansion of research efforts related to personalized medicines and contributing to overall R&D productivity.


Patents


• Patents for:

– The drug substance itself:• Chemical composition of the API

– Method of use:• Use of the drug to treat a particular condition

– The formulation:• The physical form of a drug and method of administration

– The process of making it:• Manufacturing methods

Objective of Patenta) To protect the rights of the University, its

innovators, inventors, research sponsors and thepublic;

b) To eliminate the infringement, improperexploitation and abuse of the University'sintellectual assets belonging to the University orthe other persons;

c) To optimize the environment and incentives forresearch and for the creation of new knowledge;


Objective of Patent

d) To promote linkages with industry and stimulateresearch through developing and utilizing noveltechnologies and creative works forcommercialization and plough back resources theUniversity and to the interested parties;

e) To promote creativity and innovation; and

f) To ensure fair and equitable distribution of allbenefits accruing from all innovations andinventions.


Types of Patents

Patents come in all shapes and sizes.

The three basic types are

1. Utility (useful devices and processes),

2. Design (appearance of a useful device), and

3. Plant Patents (man-made plant varieties).


Contents of Patent

• Normally it should contain the following matter1. Title of invention2. Field of invention3. Background of invention with regard to the drawback associated

with known art,4. Object of invention,5. Statement of invention6. A. summary of invention7. A brief description of the accompanying drawing8. Detailed description of the invention with reference to

drawing/examples9. Claim(s)10. Abstrct


Claims of Patents

What is claimed is:

A pharmaceutical formulation comprising: a substantially clear solution in a soft gelatin capsule, wherein the solution comprises:…….


Claims of Patents

• An orally administrable pharmaceuticalcomposition according to any of the precedingclaims m through to n, the composition devisedinto an improved drug delivery devicecomprising a soft gelatin capsule having …

• An orally administrable soft gelatin capsule assubstantially herein described with reference tothe description and the examples.


Types of Claims

• This is a list of special types of claims thatmay be found in a patent or patentapplication. For explanations aboutindependent and dependent claims and aboutthe different categories of claims, i.e. productor apparatus claims (claims referring to aphysical entity), and process, method or useclaims (claims referring to an activity), seeClaim (patent), section "Basic types andcategories".


http://en.wikipedia.org/wiki/Claim_(patent)

http://en.wikipedia.org/wiki/Patent

http://en.wikipedia.org/wiki/Patent_application


Types of Claims

1. Jepson

2. Markush


Jepson

• Jepson claim is a method or product claim where oneor more limitations are specifically identified as a pointof novelty, distinguishable over at least the contents ofthe preamble.

• Jepson claim can be useful in calling the examiner'sattention to a point of novelty of an invention withoutrequiring the applicant to present arguments andpossibly amendments to communicate the point ofnovelty to the Examiner.

• On the other hand, the claim style plainly and broadlyadmits that that subject matter described in thepreamble is prior art.


http://en.wikipedia.org/wiki/Novelty_(patent)

http://en.wikipedia.org/wiki/Point_of_novelty

Markush

• Mainly used in chemistry, but not only, a Markushclaim or structure is a claim with multiple"functionally equivalent" chemical entitiesallowed in one or more parts of the compound.

• No patent databases generate all possiblepermutations and index them separately. Patentsearchers have the problem, when searching forspecific chemicals in patents, of trying to find allpatents with Markush structures that wouldinclude their chemicals, even though thesepatents' indexing would not include the suitablespecific compounds.


http://en.wikipedia.org/wiki/Chemistry

http://en.wikipedia.org/wiki/Permutation

Types of Claims

• There are many different types of claims of a patentapplication. Some patent claims are about the type ofinvention. There are apparatus claims, method orprocess claims, claims to designs, chemicalcomposition, and so on.

• There are also ones which are related to the scope of apatent. Generally speaking, broad patent claims aremore valuable and marketable than narrow ones.

• Broad patent claims are similar to a fishing net. Thebigger the net, the more fish on your plate.


Types of Claims

• In patent terms, a broad claim will give you a largermonopoly and potentially more opportunities forlicensing.

• Narrow claims are ones with less scope. These ones aremore difficult to infringe, and are typically lessvaluable.

• The narrowest ones are called "picture claims”

• There are also independents and dependents.


Types of Claims

• In other words, you can pretend that there is noperiod between the independent claim and thedependents because the dependents is conflatedin scope with the independent claim.

• It should be noted that if the independent isinfringed, you do not need to worry about thedependent claims. However, if there is noinfringement on the independent claim, but thereis infringement on the dependent claim, there isstill infringement.


Key terminology used in Patents

1. Application2. Examiner3. Prior art4. Priority5. Specifications6. Provisional and Non-provisional applications7. Claims8. Applicant9. Assignee10. Inventor11. Anticipation12. Obviousness13. Infringement and Invalidation


1. ApplicationTypes of Patent Applications

a. Ordinary Application

b. Application for Patent of Addition (granted for Improvement or Modification of the already patented invention, for an unexpired term of the main patent)

c. Divisional Application (in case of plurality of inventions disclosed in the main application)

d. Convention application, claiming priority date on the basis of filing in Conventional Country

e. National Phase Application under PCT


2. Examiner

• Patent examiners review patent applications to determinewhether the claimed invention should be granted a patent.The work of a patent examiner usually includes searchingpatents and scientific literature databases for prior art, andexamining patent applications substantively by examiningwhether the claimed invention meets the patentabilityrequirements such as novelty, "inventive step" or "non-obviousness", "industrial application" (or "utility") andsufficiency of disclosure.

• In most countries, Examiners are high level employees withclerical staff working under their supervision in supportingroles. For example, in the Indian Patent Office, an entrylevel Examiner is a Group A gazetted officer. This is thehighest post in the set-up of the Indian Government.


http://en.wikipedia.org/wiki/Patent_application

http://en.wikipedia.org/wiki/Invention


http://en.wikipedia.org/wiki/Scientific_literature

http://en.wikipedia.org/wiki/Database

http://en.wikipedia.org/wiki/Prior_art


http://en.wikipedia.org/wiki/Novelty_(patent)

http://en.wikipedia.org/wiki/Inventive_step_and_non-obviousness

http://en.wikipedia.org/wiki/Industrial_application

http://en.wikipedia.org/wiki/Sufficiency_of_disclosure

3. Prior art

• The definition of “prior art” differs from country tocountry. In many countries, any invention madeavailable to the public anywhere in the world in writtenform, by oral communication, by display or through useconstitutes the prior art.

• Thus, in principle, the publication of the invention in ascientific journal, its presentation in a conference, itsuse in commerce or its display in a company’scatalogue would all constitute acts that could destroythe novelty of the invention and render it notpatentable.


3. Prior art

• The disclosure of an invention so that it becomes part ofthe prior art may take place in three ways, namely:

* by a description of the invention in a published writing orpublication in other form;

* by a description of the invention in spoken words utteredin public, such a disclosure being called an oral disclosure;

* by the use of the invention in public, or by putting thepublic in a position that enables any member of the publicto use it, such a disclosure being a “disclosure by use.”


4. Priority• Patent priority relates to the issue of who is entitled to a patent

when two different inventors create the same invention and

seek patents on those inventions. For example, suppose that

Inventor A invents a Gadget in 1990 and files a patent

application in 1992. Meanwhile, Inventor B invents the same

Gadget in 1991 (after Inventor A invented his) but files his

patent application that same year, in 1991 (before Inventor A

filed his patent application).

• So Inventor A invented the Gadget first, but Inventor B filed

his patent application first. The issue of who gets the patent is

the issue of “patent priority.” In the United States, the issue of

patent priority is determined by the so-called “first to invent”

rule.


http://www.quizlaw.com/patents/what_is_a_patent.php

http://www.quizlaw.com/patents/what_is_a_patent.php

5. Specifications

• Provisional Specification

• Complete Specification


Provisional Specification

• Describes essential features of the Invention

• Does not require claims and abstract

• Secure the Prior right

• Liberty to develop the Invention

• Get time for testing commercial possibility of the Invention.


Complete Specification

• Is filed within 12 months from the date of the provisional application

• Include improvement associated with the subject matter of the provisional application

• Subject to examination

• Subject to acceptance & grant


5. SpecificationsProvisional Specification• Application for patent may be accompanied by the provisional

specification.

• It should contain the description of invention with drawing, ifrequired.

• It is not necessary to include Claim.

• However, the complete specification should be fairly based on thematter disclosed in the provisional specification and should be filedwithin 12 months.

• If the complete specification is not filed within 12 months theapplication is deemed to have been abandoned.


5. SpecificationsComplete Specification• The complete specification is an essential document in the

filing of patent application along with the drawing to beattached according to the necessity.

• Complete specification shall full describe the invention withreference to drawing, if required, disclosing the bestmethod known to the applicant and end with Claim/Claimsdefining the scope of protection sought.

• The specification must be written in such a manner thatperson of ordinary skill in the relevant field, to which theinvention pertains, can understand the invention


5. Specifications

PROVISIONAL SPECIFICATION• SHOULD CONTAIN THE DESCRIPTION OF THE

ESSENTIAL FEATURES OF THE INVENTION

• NO NEED TO INCLUDE CLAIMS &

• DETAILS OF THE MANNER OF PERFORMING INVENTION


5. Specifications

ADVANTAGES OF PROVISIONAL SPECIFICATION• PRIORITY FOR INVENTION

• NO RISK OF LOOSING PRIORITY FOR FURTHER DEVELOPMENT.

• DISCLOSE TO INTERESTED PERSON TO OBTAIN FINANCIAL SUPPORT

• AVOID INCURRING FURTHER EXPENSESIF NO COMMERCIAL POSSIBILITY.


5. Specifications

• COMPLETE SPECIFICATION

• Complete Specification is a techno-legal document, which fully and particularly describes the invention and the best method of performing it.

• Complete specification may be followed by

• Drawings (if any).


5. Specifications

Contents of Complete/Provisional Specification [Form-2] (S.10)

a) Title

b) Field of the invention.

c) State of the art in the field

d) Object of the invention (Problem & Solution)

e) Statement of invention

f) Detailed description of the invention with reference to the drawings.

g) Scope and/or ambit of the invention

h) Claims

i) Figs and Examples

j) Abstract


6. Provisional and Non-provisional applications

Provisional Patent Application

• Since June 8, 1995, the USPTO has offered inventorsthe option of filing a provisional application.

• Claims and oath or declaration are NOT required for aprovisional application.

• Provisional application provides the means to establishan early effective filing date in a patent application andpermits the term "Patent Pending" to be applied inconnection with the invention.



• Provisional applications may not be filed for designinventions.

• The filing date of a provisional application is the dateon which a written description of the invention,drawings if necessary, and the name of the inventor(s)are received in the USPTO.

• To be complete, a provisional application must alsoinclude the filing fee, and a cover sheet specifying thatthe application is a provisional application for patent.



• The applicant would then have up to 12 months to file anon-provisional application for patent as described above.

• The claimed subject matter in the later filed non-provisional application is entitled to the benefit of the filingdate of the provisional application if it has support in theprovisional application.

• The 12 month pendency for a provisional application is notcounted toward the 20 year term of a patent granted on asubsequently filed non-provisional application which relieson the filing date of the provisional application



Non-Provisional Patent Application• A non-provisional application for a patent is made to the Assistant

Commissioner for Patents and includes:

• A written document which comprises a specification (descriptionand claims), and an oath or declaration;

• A drawing in those cases in which a drawing is necessary; and Thefiling fee.

• All application papers must be in the English language or atranslation into the English language will be required along with therequired fee.



• The application for patent is not forwarded for examination until allrequired parts, complying with the rules related thereto, arereceived.

• If any application is filed without all the required parts for obtaininga filing date (incomplete or defective), the applicant will be notifiedof the deficiencies and given a time period to complete theapplication filing (a surcharge may be required) – at which time afiling date as of the date of such a completed submission will beobtained by the applicant.

• If the omission is not corrected within a specified time period, the application will be returned or otherwise disposed of; the filing fee if submitted will be refunded less a handling fee as set forth in the fee schedule.



• All applications received in the USPTO are numbered insequential order and the applicant will be informed ofthe application number and filing date by a filingreceipt.

• The filing date of an application for patent is the dateon which a specification (including at least one claim)and any drawings necessary to understand the subjectmatter sought to be patented are received in theUSPTO; or the date on which the last part completingthe application is received in the case of a previouslyincomplete or defective application.


7. Claims

• A set of properly drafted claims is an important part of complete specification.

• The complete specification must have at least one Claim.

• The first claim is the main claim.

• The subsidiary claims refer to the main claim and include qualifying or explanatory clauses on the various integers of the main claim or optional features.


7. Claims

• They may also contain independent claims.

• Although the claim clauses consist of a number ofclaims, the totality of the claims must relate toone invention only.

• It should be noted that a claim is a statement oftechnical facts expressed in legal terms definingthe scope of the invention sought to beprotected.


7. Claims

• OBJECTIVE OF THE CLAIMS

TO DEFINE CLEARLY

AND

WITH PRECISION

THE MONOPOLY CLAIMED

SO THAT OTHER MAY KNOW THE EXACT BOUNDARIES OF THE INVENTION


7. Claims

CONTENTS OF THE CLAIMS

1. CLAIMS SHOULD RELATE TO SINGLE INVENTION OR TO A GROUP OF INVENTIONS LINKED SO AS TO FORM A SINGLE INVENTIVE CONCEPT.

2. SHOULD BE CLEAR AND CONCISE

3. SHOULD BE FAIRLY BASED ON MATTER DISCLOSED IN THE SPECIFICATION

4. PRINCIPAL CLAIM SHOULD DEFINE ALL ESSENTIAL NOVEL FEATURES WITH THEIR INTER CONNECTION

5. OPTIONAL FEATURE MAY BE GIVEN IN SUBORDINATE CLAIMS


7. Claims• The claims of a patent specification define the scope of protection of a

patent granted by the patent.

• The claims describe the invention in a specific legal style, setting out theessential features of the invention in a manner to clearly define what willinfringe the patent.

• Claims are often amended during prosecution to narrow or expand theirscope.

• Independent claim setting out the broadest protection, and a number ofdependent claims which narrow that protection by defining more specificfeatures of the invention.

• In the U.S., claims can be amended after a patent is granted, but theirscope cannot be broadened beyond what was originally disclosed in thespecification. No claim broadening is allowed more than two years afterthe patent issues.


8. Applicant

?


9. Assignee

• Assignee includes an assignee of the assigneeand the legal representative of a deceasedassignee and references to the assignee of anyperson include references to the assignee ofthe legal representative or assignee of thatperson


10. Inventor

• In patent law, an inventor is the person, orpersons in United States patent law, whocontribute to the claims of a patentableinvention.

• "Joint inventors", or "co-inventors", exist when apatentable invention is the result of inventivework of more than one inventor. Joint inventorsexist even where one inventor contributed amajority of the work.



http://en.wikipedia.org/wiki/Law

http://en.wikipedia.org/wiki/Person

http://en.wikipedia.org/wiki/United_States_patent_law


http://en.wikipedia.org/wiki/Patentability


11. Anticipation

• If a claim reads on a single item of prior art – aprinted publication or a product – then that item ofprior art “anticipates” the claim must be rejectedunder Section 102.

• Sometimes, however, a claim does not read on asingle item of prior art, but instead reads on acombination of two or more items. In that case, theclaim may be “obvious” under Section 103.


11. Anticipation

• An examiner, who generally has a degree in scienceor engineering (and in some cases, even a Ph.D. inthe area he or she is examining), can also take noticethat something is generally known in the field,although it is preferable to cite to one or morereferences.

• The references that the examiner has considered arelisted on the first page of the patent.


12. Obviousness

• First: Exactly who determines whether somethingis obvious? Traditionally this was a person whoknows everything but has no creativity.

• However, one of the ways that the SupremeCourt has made obviousness stricter is by alludingto the fact that a person who combines inventionA with invention B may in fact possess somecreativity.


12. Obviousness

• Going back to our example of the orange juicesqueezer on the pump: Let’s presume that you made avery unique formula comprising, for example, anepoxy.

• This epoxy is very efficient in securing a plastic orangejuice squeezer to a wooden handle on an air pump.

• In this case, you might be able to apply and obtain apatent for this unique formula epoxy, but claiming thecombination of an air pump and orange juice squeezerwith the epoxy, might be deemed obvious, and hencewould not be granted a patent.


13. Infringement and Invalidation

• Patent infringement is the commission of a prohibited act with respect to apatented invention without permission from the patent holder.

• Permission may typically be granted in the form of a license.

• The definition of patent infringement may vary by jurisdiction, but it typicallyincludes using or selling the patented invention.

• In many countries, a use is required to be commercial (or to have a commercialpurpose) to constitute patent infringement.

• The scope of the patented invention or the extent of protection is defined in theclaims of the granted patent.

• In other words, the terms of the claims inform the public of what is not allowedwithout the permission of the patent holder.




http://en.wikipedia.org/wiki/License



• Patents are territorial, and infringement is only possible in acountry where a patent is in force.

• For example, if a patent is filed in the United States, thenanyone in the United States is prohibited from making, using,selling or importing the patented item, while people in othercountries may be free to make the patented item in theircountry.

• The scope of protection may vary from country to country,because the patent is examined by the patent office in eachcountry or region and may have some difference ofpatentability, so that a granted patent is difficult to enforceworldwide.


http://en.wikipedia.org/wiki/Patent_office

http://en.wikipedia.org/wiki/Patentability


Why invalidate?

• Invalidity searches can be useful as a defensive tool when acompany is concerned about infringing a particular patent.

•

• An invalidity search attempts to uncover issued patents orother published prior art that may render a patent partiallyor completely invalid.

• In contrast, validity searches can also be used to invalidatean in-force patent thereby allowing a company to practicethat technology without paying royalties to the firm thatholds the rights to the patent in question


13. Infringement and InvalidationWhat is required to invalidate?• Active or lapsed or expired patent/publication • Non-patent literature

– Scientific literature – Old sales catalogs – Trade journals – Conference etc…

• The most importantly the priority date of source document should be prior to the priority date of the patent to be invalidated, in case of US

• In case of German, the publication date of source document should be prior to the priority date of the patent to be invalidated


SOURCES OF INFORMATION• www.ipindia.nic.in• www.tdb.india.com• www.nifindia.org• www.indiainnovates.com• www.sristi.org• www.nrdcindia.com• www.techbizindia.com• www.wipo.org• www.uspto.gov.in• www.epo.org


http://www.ipindia.nic.in/

http://www.tdb.india.com/

http://www.nifindia.org/

http://www.indiainnovates.com/

http://www.sristi.org/

http://www.nrdcindia.com/

http://www.techbizindia.com/

http://www.wipo.org/

http://www.uspto.gov.in/

http://www.epo.org/

SOURCES OF INFORMATION



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