introduction to intellectual property and patents

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Introduction to Intellectual Property (IP)

ConsultantsApplying Intelligence to IP –

Globally

TT Consultants

Topics•What is IP

•Types of IPRs

•Patents

•Patentable Subject Matter

•Types of Patent

•Criteria for Patentability

•Copyrights

•Trademarks

•Geographical Indications

•Trade Secret

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What Is Intellectual Property (IP)?

Intellectual Property Rights (IPR) are the absolute rights over the creation of a mind. Creators have IP rights over their creation/work, such as inventions, lyrics of a song, photographs etc. without the need to observe any formalities, i.e. registration. Essentially, these are rights to stop others from copying or counterfeiting.IP is the property created by application of human mind.- Intangible (non-physical) in nature that derives value from ideas.- In knowledge age, IP is a key to techno-economic growth .- They are territorial in nature.

Why Protect IP? Legal recognition to the ownership of new ideas, designs etc. Right to stop others from exploiting the owners property Commercialization: Enhance revenue and market domination IPR can be treated as a currency that can be sold or licensed to

others, provided certain conditions are met Keeping away the competitors Encourage creativity and innovation

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Types of Intellectual PropertySeven Kinds of Intellectual Property Patents Copyrights Trademarks and service marks Trade Secret Geographical Indication (GI) Industrial Designs Plant Varieties

Like Real Property:- It can be bought, sold, licensed, exchanged, given away.

- The owner can prevent unauthorized use and can take legal action, in case someone else uses it without permission.

Types of IPR

Patents

Trademarks

Copyrights

Trade

Secrets Geographical

Indication

Industrial Designs

Plant Varieties

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What is Protected Under What?

THE “RING FENCE” OF IP

Patent

Brand/ Logo

Bottle/ Can Design

Ring-pull Cans

Formula/ Recipe

Image/ Content

Trade Secret

Trad

emar

k

Design

Copyright

Example 1 – ALL IN ONE

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What is Protected Under What?

For most products some form of intellectual property rights can be obtained Patent - For every individual improved mechanism Design - For outer shape and Contour/Configuration Trademark (denoted as ) - Brand name or Logo for goods Copyright (denoted as ©) - For Instruction / manual booklet Protection of Confidential Info/Trade secret - For Film Coating Process

Example 2 – ALL IN ONE

®

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Patents

Patent is- a grant of exclusive right- for an invention- by the Government- to the inventor- for limited period (20 years)- in exchange for full disclosure of invention- to prevent others from selling, making or using the invention

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What’s Patentable?

The Supreme Court has said that patents cover “anything under the sun that is made by man”.Must fall within five Statutory Classes : • Processes • Machines • Manufactured items (objects made by humans or machines) • Compositions of matter, and • New uses of any of the above

Non-Patentable Subject Matter• Any artistic creation• Mathematical formulae and algorithms• Naturally occurring organisms• Laws of nature• Abstract ideas• Natural phenomenon• Treatment process• Harmful inventions• Anything prohibited by the National Patent Laws

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Patentable Subject Matter

Subject MatterUS JP IN

Method/Process O O OApparatus/Machine/Product O O OSubstance O O OAbstract Idea, Law of Nature, Algorithm X X XSoftware O Δ XBusiness Process O O X

Scheme, Rule, Mental Act, Method of Playing Game Δ Δ X

Integrated Circuit Topography Δ Δ XMedical Treatment Procedure O X XPharmaceutical O O OMan-made microorganism O O OBiotechnology process O O O

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Patentable Subject Matter

Subject MatterUS JP IN

Design O O O

Plants, Animals Δ Δ X

Works of Art X X X

Traditional Knowledge O O X

Method of Agriculture/Horticulture O O X

Atomic Energy Δ Δ X

Public Order/Morality O X X

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Types of Patents

Design Patent / Industrial Design• Ornamental design• Configuration• Improved decorative appearance• Shape of an invention

Utility Patent• Any new invention• Functional improvements on

existing inventions

Plant Patent• New variety of asexually

reproduced plant


Patentability Tests / Criteria

Conditions for Patentability • Novelty (i.e. new) - Invention not known to public, prior to claim by inventor• Non-Obviousness (i.e. inventive step) - Invention would not be obvious to a person with ordinary skill in the art • Usefulness (i.e. industrial applicability) - Invention can be made or used in any useful, practical activity as distinct

from purely intellectual or aesthetic one

Patent Duration• Utility Patents : 20 years (from filing date)• Design Patents : 14 years (from issue date)• Plant Patents: 17 years • Patent cannot be renewed• Patent term can be adjusted for delay by patent office• After expiry, anyone can use the invention


Copyrights

Copyrights are given over artistic works. It was realized that songs, lyrics, broadcasting rights, paintings and such work of art need protection. Copyrights are considered territorial rights, which means that they do not extend beyond the territory of a specific jurisdiction.

Term: Generally expires 50 to 100 years after the author dies, depending on the jurisdiction.• For books and other works of arts it is 50 to 70 years after the

death of the author (the laws of a country vary);• For photographic work 25 years from making the work;• For cinematic works 50 years after making the work available

to public.

Literary Works(e.g. books, novels,

publications, newspapers,

brochures etc.)

Music, Compositions, signers, lyrics,

etc.

Software Codes

Artistic Works (eg. Paintings, drawings, designs)


Trademarks / Service MarksTrademarks are signs used to identify goods & services. These are legally not linked to the quality, but within a consumer’s mind these are linked to quality expectation.Service marks are the type of the trademarks pertaining to the services.

Kinds of Sign used:- a word (e.g. Kodak)- combination of words (e.g. Coca-Cola)- letters & abbreviations (e.g. BMW, IBM)- drawings (e.g. logo of a company)- 3D signs (e.g. shape & packaging of goods)

Period of protection: - varies (usually 10 years)- can be renewed indefinitely

Need for trademark:- Protect against unfair competition- Avoids confusion among consumers

Unregistered Trademarks

Unregistered Service mark

Registered trademark


Geographical Indication (GI)

Sign used on goods to show:• product originates in a given geographical area• possess qualities due to that place of origin• Example: Swiss (watches), Darjeeling (tea)

Need for Geographical Indications:• Denote origin & quality of product

Term/Duration:• The registration of a Geographical Indication is for a period of ten years.• Renewal is possible for further periods of 10 years.

Examples of Geographical Indications in India are Darjeeling Tea, Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, etc.


Trade Secret

Some inventions, data, information cannot be protected by any of the available means of IPRs. Such information is held confidential as a trade secret.Trade secret can be an invention, idea, survey method, manufacturing process, experiment results, chemical formula, recipe, financial strategy, client database etc.

When are Trade Secrets preferred?- When invention is not patentable; - Patent protection is limited to 20 years, when secret can be kept beyond that period;- When cost of patent protection are prohibitive;- When it is difficult to reverse engineer

How to Guard a Trade Secret?- Restricting number of people having access to secret information- Signing confidentiality agreements with business partners and employees- Using protective techniques like digital data security tools and restricting entry into

area where trade secret is worked or held.- National legislations provide protection in form of injunction and damages if secret

information is illegally acquired or used.

The best kept secret till date

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ConsultantsApplying Intelligence to IP – Globally

Corporate HeadquartersChandigarh, IndiaOffice 8, Tower B, 3rd Floor, DLF Building, Rajiv Gandhi IT Park, Chandigarh-India-160101.

Other LocationGurgaon (India)Unit number 252, 2nd floor ,Tower B2, Spaze I-Tech Park, Sector 49, Sohna Road, Gurgaon – 122002+1.347.284.6413 (Mobile) +91-9876667711 (Mobile)Email: [email protected]

Other OfficesTainan, Taiwan (Branch Office)Room 410, Technology Transfer & Business Incubation Center, National Cheng Kung University, No. 1 University Road, Tainan City 701

Hsinchu, TaiwanSi-Soft Research Center, 1A2, Lising 1st Road, Hsinchu City Washington, DC (Sales & Marketing Office)1701, Pennsylvania Avenue, NW, Washington DC. 20006+1- (202)-370-6471

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