Intellectual Property Rights PDF

Intellectual Property Rights: WHAT IS AN IPR? Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields. These rights Safeguard creators and other producers of intellectual goods & services by granting them certain t...

Intellectual Property Rights: WHAT IS AN IPR? Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields. These rights Safeguard creators and other producers of intellectual goods & services by granting them certain time-limited rights to control their use. Protected IP rights like other property can be a matter of trade, which can be owned, sold or bought. These are intangible and non-exhausted consumption. Intellectual Property relates to information which can be incorporated in tangible objects and reproduced in different locations. For Example, Patents, Designs, Trademarks and Copyright. The rights accrued on the owner of such property (Intellectual Property) are termed as Intellectual Property Rights (IPR). As stated above, Intellectual Property (IP) refers to the creations of the human mind, like inventions, literary and artistic works, and symbols, names, images and designs used in commerce. It can be divided into two categories: - 1. Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and 2. Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works, such as, drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. Intellectual property rights protect the interests of creators by giving them property rights over their creations. The most noticeable distinction between Intellectual Property and other forms of properties is that:- Intellectual Property is intangible, that is, it cannot be defined or identified by its own physical parameters. It must be expressed in some discernible way to be protectable. Generally, it encompasses four separate and distinct types of intangible properties, namely a) Patent b) Trademark c) Copyright and d) Trade Secret, which collectively are referred to as “Intellectual Property.” However, the scope and definition of Intellectual Property is constantly evolving with the inclusion of newer forms under the ambit of Intellectual Property. In recent times, a) Geographical Indications b) Protection of plant varieties c) Protection for semi-conductors and integrated circuits, and d) Undisclosed Information have been brought under the umbrella of Intellectual Property. Intellectual Property Intellectual property is a property which comes into existence by application of human intellect. It is referred as as “Bauddhik sampada “in the Indian Context. Bauddhik means related to buddhi or intellect and word sampada means property. When word buddhi gets combined with sampada it amounts to bauddhik Sampada. The person who is owner of Intellectual property is provided bundle of rights related to the property which has come into existence by application of his intellect. These rights collectively are termed as intellectual Property rights. Intellectual Property is a term which refers to and indicates several distinct types of creations of the mind for which law confers certain property rights upon its creator. The jurisprudence developed on the concept of ‘Property’ has made it abundantly clear that property does not just encompass tangible things, like a house, a car, furniture, currency, investment etc and that these assets are not the only kind of property which are subject matter of protection by law. There are many other forms of intangible properties which are known with the term ‘intellectual property’ that have been recognised by the law and thus granted protection against any kind of infringement by a person other than its rightful owner or a person authorised by such rightful owner. Under the Intellectual Property Law, the owners of such intangible property have been granted and conferred with certain exclusive rights over their respective intangible assets/works, these include musical, literary and artistic works; discoveries and inventions; and words, phrases, symbols, and designs, etc. Patent, Trademark, Copyright, and Designs rights are the broad four main categories of intellectual properties, though the domain of such assets is expanding with the passage of time. Exclusive rights are provided to the owners as a reward of the intellect, time, money, skill etc. they used for creation of intellectual property. Why Intellectual Property Rights? Intellectual property rights are granted to the innovator as an incentive for creativity. The primary function of intellectual property rights (IPRs) is to protect and stimulate the development and distribution of new products and the provision of new services based on the creation and exploitation of inventions, trademarks, designs, creative content or other intangible assets. This is especially important for start-ups and SMEs, as IPRs provide them with powerful tools to compete with incumbent or larger companies. Purpose and Advantages of IPR: - Enabling indirect revenues Where a company protects its products or processes with IPRs, it can derive revenues not only from direct marketing but also from licensing the IPRs to third parties that manufacture and commercialise the products, in exchange for a fee or royalty. These additional indirect revenues sometimes exceed the profits resulting from the direct exploitation, particularly as they do not require additional internal manufacturing capacities. Such an approach may therefore be particularly relevant for SMEs. It is also important for universities and public research centres, which do not usually have the necessary production facilities themselves. Promotion of culture In the creative sectors, such as the publishing, music or film industries, copyright enables authors, performers, producers and other creators to obtain an economic reward in return for their creations and activities, which enrich cultural heritage, enhance cultural diversity, and benefit society at large. Dissemination of technical information Even where a company, university or research institution does not intend to exploit its own patented inventions, any member of the public, including researchers, can still make use of patent information. Patents are the most prolific and up-to-date source of technological information and contain detailed technical information which often cannot be found anywhere else: it is estimated that up to 80% of current technical knowledge can only be found in patent documents. Moreover, this information is rapidly available, as most patent applications are published 18 months after the first filing. There are good reasons to search patent literature: Avoid duplication of R&D efforts and spending (it is estimated that up to 30% of all expenditure in R&D is wasted on redeveloping existing inventions). Find solutions to technical problems (most patents – around 85% – are no longer in force, making a vast number of inventions available for free). Gather business intelligence, as patents not only reveal technological information, but also make it possible, at a very early stage, to identify potential competitors, customers and partners, or to monitor competitors' innovation strategies. Facilitating technology transfer Patents are often not just a convenient means of protecting an invention, but they also describe in a very accurate way technologies which are the subject of technology transfer and similar agreements (licensing, assignment, etc.). This 'technology packaging' / trade facilitation function justifies that patents have sometimes been considered as the 'currency' of the knowledge-based economy. To some extent, the same reasoning also applies to IPRs other than patents. 'Open source' relies on IPR Open-source mechanisms are popular in sectors such as software (e.g. General Public Licences or GPLs). While the common perception is that such mechanisms are characterised by the absence of any IP protection, it is worth noting that a typical GPL actually relies on IPRs, as it is typically a copyright licence that remains valid as long as certain conditions are complied with. Flexibilities enjoyed by the licensee must be passed on to subsequent users, even where the software is modified. Collateral to obtain financing As intangible assets, IPRs often play an instrumental role for SMEs (including start-ups and spin-offs) trying to convince third parties to provide them with financing (such investing equity or granting loans). For the financial sector, the valuation of a patent, for instance, is crucial to valorise intangible assets, especially for knowledge-intensive SMEs. Providing guarantees regarding the quality and safety of products Many counterfeit products do not comply with the applicable safety standards and put the health of safety of Europeans – including children – at risk (for instance, where vehicle spare parts, toys or pharmaceutical products are concerned). Enforcing IPRs such as trademarks and designs with respect to such products prevents their entry into the market and ensures that consumers can rely on the quality and safety of genuine products made by the original manufacturer. Intellectual Property Rights in India Since the inception of intellectual property rights, India has been committed to their preservation in domestic as well as international frameworks. KAPILA: A systematic, comprehensive effort called "KAPILA, Kalam Programme for IP Literacy and Awareness" addresses the current barriers in the innovation ecosystem, particularly in our HEIs. o This programme will raise appropriate awareness among students and faculty of higher education institutions about the value of filing IP, the processes involved, and the laws governing IP filing in India and worldwide.  International membership: o Being a member of the World Trade Organisation, India is committed to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement). o India is also a member of the World Intellectual Property Organisation. Legal Provisions The legal provisions for various types of intellectual property rights are: Indian Patents Act: The law that oversees patents in India is the Patents Act of 1970. o The Indian Patent Act is administered by the Office of the Controller General of Patents, Designs, and Trade Marks, or CGPDTM. o Its major amendment was in 2005. Design Act of 2000: The act's protections support innovation and serve to safeguard both manufacturers' and consumers' interests. Trademarks Act of 1999 and its amendment of 2010: It has unique clauses associated with trade mark registration internationally. Within eighteen months, an international application may be filed in India to extend protection to the specified nations. The Geographical Indications of Goods (Registration and Protection) Act, 1999: A law to improve the protection and registration of geographical indications associated with products. o Also, there are various guidelines related to patents, trademarks and geographical indications. Cell for IPR Promotion and Management (CIPAM) CIPAM was established in order to advance the implementation of the National Intellectual Property Rights (IPR) Policy 2016. It operates under the Department for Promotion of Industry and Internal Trade (DPIIT) ensures targeted action on IPR-related issues and attends to the policy's seven stated objectives. In addition to taking action to promote IPR awareness, commercialization, and enforcement, CIPAM helps to simplify and streamline IP processes. National IPR Policy 2016 o The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce adopted the National Intellectual Property Rights (IPR) Policy in 2016. The main goal of the policy is "Creative India; Innovative India". o The policy covers all forms of IP, seeks to create synergies between them and other agencies, and sets up an institutional mechanism for implementation and review. o DPIIT is the nodal department for IPR development in India and the Cell for IPR Promotion & Management (CIPAM) under DPIIT is the single point of reference for implementing the policy. o India's IPR regime complies with World Trade Organisation's (WTO) agreement on Trade Related Aspects of Intellectual Property (TRIPS). ▪ Objectives: o IPR Awareness: Outreach and promotion are important to create public awareness about the economic, social and cultural benefits of IPRs among all sections of society. o Generation of IPRs: To stimulate the generation of IPRs.  o Legal and Legislative Framework: To have strong and effective IPR laws, which balance the interests of rights owners with larger public interest. o Administration and Management: To modernise and strengthen service-oriented IPR administration. o Commercialisation of IPRs: Get value for IPRs through commercialisation. o Enforcement and Adjudication: To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements. o Human Capital Development: To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs. Intellectual Property Rights Disadvantages Here are a few disadvantages to intellectual property rights: Extra Charges for Creators: It might be a bit costly to obtain protection for the first time, especially if the product is complex and includes methods, designs, and processes. Piracy: Sometimes it becomes difficult to stop someone from copying the inventory work, even after obtaining IP protection. It becomes disadvantageous for the original creator of the patent. Decreasing Quality: As time goes on, the quality of intellectual property degrades along with the rights to it. Worldwide Inequities: The laws governing intellectual property are sometimes different. Different IP laws in different nations can result in unequal access to innovations and technologies, which disproportionately affects and impedes the development of developing nations. Costly nature of patented products: Due to high prices for patent registration, research and development, and evergreening of patents, the price of patented products like pharmaceuticals has skyrocketed. It harms the interests of the public, as they rely on these drugs. TYPES/TOOLS of IPRs: a. Patents. b. Trademarks. c. Copyrights and related rights. d. Geographical Indications. e. Industrial Designs. f. Layout Design for Integrated Circuits. Patents: Patents are granted for original inventions or improvement of existing products. Patents are covered under the TRIPS agreement. They bestow the owner a right such as that others are not allowed to exploit the invention without permission or licence from the owner. The controller General of patents is the authority controlling the grant of patents. The headquarters of the patent office is in Kolkata. Branches are in Mumbai, Chennai, and Delhi. The office of the patent Information system is in Nagpur. They issue from a national or regional patent office after a substantial examination of their validity;  they last for a maximum of 20 years from application; and they require that the invention be publicly described in the patent specification. Trade Marks:- Another important part of IPR is Trade Mark. A trade mark is a verbal, visual, or combination symbol that distinctly identifies products or services provided by a person or a business entity. The trademark becomes an exclusive item only when it is registered with the concerned authority in the country. The trademark Sony instantly suggests a product from SONY Corporation. The functions of trade marks are to help consumers identify a product or service and the origin of manufacture, help the company to advertise the product using the trademark. In India, the registration of trademarks is governed by the Trade Marks Act,1999. Copyright : The concept of Copyright has been in existence for a long time and is essentially for the protection of artistic and literary works. In the early days, copyright covered only books. In the present times, copyright covers a wide range of articles, books, maps, dramatic works, paintings, etc with the TRIPS agreement, copyright is automatically granted, and no formal application and registration is required for getting copyright. The sign C indicates the presence of copyright protection, along with the name of the copyright holder. Industrial Design: Industrial design is defined as something that makes the product attractive and appeals to the aesthetic sense of the consumer. We have products such as furniture, consumer goods, and cars made by different manufacturers. Design is thus defined as features related to shape, colour, schemes, pattern, configuration, ornamentation etc. In India, designs can be registered with the Registrar of Industrial Design patent under the Designs Act 2000. Purpose: To illustrate the creativity of the individual making the design. To make an article attractive and gives aesthetic appeal. Geographical Indication: - GI is a recent addition to the IPR category. These products cover natural, agricultural, or manufactured goods that are known by their geographical territory of production. India has a rich heritage, which has been preserved in its geographically indicated products. In agriculture, Basmati rice, Nagpur orange, Darjeeling Tea, etc are famous all over the world. In textiles, Kanjeepuram silk, chanderi, pochampalli, and kota are famous names. There are many other products that go with their geographical names, such as, Kolhapuri Chappals, Mysore Sandal soaps, Solapur bedsheets, etc. In India, such goods are covered under the Geographical Indication of Goods (Registration and protection Act) 1999. There is a geographical indication register maintained at the patent office, Chennai. The geographical indication registration is given for a period of 10 years and is extendable by similar spans on re- registration. The Leading International Instruments Concerning Intellectual Property Rights Intellectual property has a dual nature, i.e. it has both a national and international dimension. For instance, patents are governed by national laws and rules of a given country, while international conventions on patents ensure minimum rights and provide certain measures for enforcement of rights by the contracting states. Strong protection for intellectual property rights (IPR) worldwide is vital to the future economic growth and development of all countries. Because they create common rules and regulations, international IPR treaties, in turn, are essential to achieving the robust intellectual property protection that spurs global economic expansion and the growth of new technologies. List of some leading Instruments concerning Intellectual Property Rights is as below: Sr. Name Summary No 1 The Paris Convention for the Protection The Paris Convention for the Protection of Industrial of Industrial Property ,1883 Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The Convention is still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules 2 The Berne Convention for the Protection The Berne Convention, adopted in 1886, deals with the of Literary and Artistic Works,1886 protection of works and the rights of their authors. It provides creators such as authors, musicians, poets, painters etc. with the means to control how their works are used, by whom, and on what terms. It is based on three basic principles and contains a series of provisions determining the minimum protection to be granted, as well as special provisions available to developing countries that want to make use of them. 3 The WIPO Copyright Treaty (WCT) The WIPO Copyright Treaty (WCT) is a special Signed 1996, Effective 2002 agreement under the Berne Convention which deals with the protection of works and the rights of the authors in the digital environment. In addition to the rights recognized by the Berne Convention, certain economic rights are also grated. The Treaty also deals with two subject matters to be protected by copyright: (i) computer programs, whatever the mode or form of their expression; and (ii) compilations of data or other material (“databases”). 4 The Patent Cooperation Treaty (PCT) The Patent Cooperation Treaty (PCT) makes it possible ,1970 to seek patent protection for an invention simultaneously in each of many countries by filing an “international” patent application. Such an application may be filed by anyone who is a national or resident of a PCT Contracting State. It may generally be filed with the national patent office of the Contracting State of which the applicant is a national or resident or, at the applicant’s option, with the International Bureau of WIPO in Geneva. 5 The International Convention for the The International Union for the Protection of New Protection of New Varieties of Plants, Varieties of Plants (UPOV) is an intergovernmental 1961 organization with headquarters in Geneva (Switzerland).  UPOV was established by the International Convention for the Protection of New Varieties of Plants. The Convention was adopted in Paris in 1961 and it was revised in 1972, 1978 and 1991. UPOV’s mission is to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society. Topic 1: Patents Intellectual Property Rights: The intellectual property right is a legal right that is granted to the inventor to protect his or her invention. It is a legal right of the owner that protects the creation, invention, symbol or design, etc. of the one who created them so that they can enjoy their property without the disturbance of others by preventing anyone from using or copying them for a specified time. Intellectual Property is an intangible property that is a result of human creativity. There are several types of Intellectual Property for eg. Patent, Trademark, Copyright, Geographical Indication, etc. Intellectual Property Right gives a person an exclusive right to use his or her creation which means that no one can copy or use that creation without the prior permission of the creator or inventor. Define Patent: A Patent is a statutory right for an invention granted for a limited period to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent. The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are regularly amended in consonance with the changing environment, most recent being in 2016. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. What are Different Types of Patent Applications? Inventors can secure rights over creations with different patent application types suiting distinct purposes. Understanding the options empowers strategic protection. The four main categories of patents are: Provisional Patent A provisional patent is a patent for a product or another piece of intellectual property that is still being developed and is not ready to be marketed. A provisional patent is valid for one year. Like other patents, provisional patents can be renewed, and it allows “patent pending” status through a simplified filing, proving early possession of ideas and workability. Inventors then have one year to submit a formal utility application. Design Patent A design patent is a form of legal protection for the unique visual qualities of a manufactured item. A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation, or both. In other words, a design patent provides protection for the ornamental design of something that has practical utility. It protects ornamental elements applied to functional items like bottle shapes or shoe aesthetics and focuses heavily on visual representations over written descriptions. Design patents can also include user interface and device design. Utility Patent A utility patent is a type of patent that protects the functionality of a product, process, software, or machine. Utility patents, as opposed to design patents, are the most common types of patents issued by the United States Patent and Trademark Office (USPTO). They are the most common, covering machines, processes, manufactured items. They teach the public how to replicate and use inventions. It allows the inventor to exclude others from copying, making, using, or selling the invention for a period of up to twenty years from the filing date of patent application. Plant Patent A plant patent is granted by the USTPO to an inventor (or the inventor’s heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber-propagated plant or a plant found in an uncultivated state. Five Important Reasons to Consider Filing for a Patent Include: 1. Financial Returns – Patents enable premium pricing as a first mover, licensing fees from authorized users, and lucrative patent portfolio sales. These income streams have created hugely profitable companies. 2. Corporate Value – Patents constitute a major portion of many firms’ intangible assets. Strong patent holdings increase ventures’ worth, attract investors, and provide leverage in transactions/exits. 3. Competitive Barriers – Market exclusivity protects against copycats eroding sales and market share, especially helping small players. This tempers the advantages of corporate giants during the protected period. 4. Investor Appeal – Patents demonstrate ideas’ viability and the seriousness of ventures to investors. Protecting IP promotes funding interest and better terms in securing outside capital. 5. Innovation Incentives – The Constitution highlights patents’ role in encouraging progress. By securing exclusive rights for a time, patents incentivize committing resources to create new inventions and technologies that benefit society. Example of patent: Google – U.S. Patent No. 10,241,668 Google patented an improved “drag-and-drop” feature that may be used in various mobile apps. Patenting a particular user-facing interface feature rather than the whole app in which it may be used is a strategy for protecting an invention that may be used in several mobile apps during the life of the patent. Patentable subject matter may be a feature within an app, rather than the app itself. Facebook – U.S. Patent No. 9,578,011 Facebook patented a network architecture for implementing secure ID login to an application. Here, Facebook secured protection for a “back-end” function that may be utilized in a variety of apps, but which may never be noticed by an average consumer. Much like Google’s drag-and-drop patent, Facebook has opted for patenting a novel feature rather than an entire mobile app. Eligibility for Patenting Under the Indian Patent Act of 1970, as amended, the eligibility for patenting is defined by several criteria. Here’s a summary of what can be patented under the following sections: Section 3: What are not Inventions Lists categories and types of inventions that are not considered patentable, including discoveries, scientific theories, and methods of treatment. Section 4: Inventions relating to Atomic Energy Deals with inventions related to atomic energy and the restrictions on patenting such inventions. 1. Inventions: To be eligible for a patent, an invention must fulfill the following criteria: o Novelty: The invention must be new and not part of the existing knowledge base. It should not have been disclosed anywhere in the world before the filing date. o Inventive Step: The invention must involve an inventive step that is not obvious to someone skilled in the field. It should not be a straightforward development or modification of existing knowledge. o Industrial Applicability: The invention must be capable of being used in some kind of industry. It should have practical utility and be capable of being manufactured or used in some kind of industry. 2. Categories of Patentable Inventions: o Product Patents: These can be granted for new products or substances, such as chemical compounds, pharmaceuticals, and materials. o Process Patents: These can be granted for new methods or processes of producing products, such as manufacturing methods or chemical processes. 3. Exclusions: Not everything can be patented. The Act specifies certain exclusions, including: o Discoveries: Mere discoveries of existing substances or natural phenomena. o Scientific Theories and Mathematical Methods: Pure scientific theories or mathematical algorithms. o Aesthetic Creations: Artistic works like paintings, sculptures, or music compositions. o Schemes, Rules, and Methods of Doing Business: Business methods or organizational schemes.  o Methods of Medical Treatment: Methods of treating humans or animals, although apparatus or pharmaceutical compositions related to such methods may be patentable. o Plants and Animals: As well as essentially biological processes for the production of plants or animals, although certain biotechnological inventions in this area may be patentable. o Methods of Surgical or Medical Treatment: Specifically methods used on the human or animal body. 4. Additional Considerations: o Prior Art: The invention must be novel over prior art, which includes any knowledge or evidence that was available before the patent application was filed. o Patentable Subject Matter: The invention must fall within the subject matter that is considered patentable according to the Act. Understanding these criteria helps in determining whether an invention meets the requirements for patent protection under the Indian Patent Act Steps toward filing a patent: The first step is to decide which type of application you want to file to initiate a procedure for obtaining a patent. You have two options to choose from: Provisional Application, which provides 1 year of Patent Protection and lapses after that. Complete Application, which provides 20 years of full-term Patent Protection The following sections are referred while filing patent Section 2: Definitions Provides definitions for terms used in the Act, such as "invention," "patentable invention," "novelty," and "inventive step." Section 6: Procedure for Application Outlines the procedure for filing a patent application, including the requirements for filing and the forms to be used. Section 7: Date of Filing of Application Specifies how the date of filing is determined and the importance of this date in the patent process. Section 8: Information and Undertakings to be Given by the Applicant Requires applicants to provide information and undertakings about the application, including details on related applications in other countries. Section 10: Contents of Specification Defines the requirements for the patent specification, including the need for a clear and complete description of the invention. Section 11: Examination of Application Describes the process for the examination of patent applications, including the grounds on which an application may be rejected. Section 12: Grant of Patents Outlines the conditions and process for granting patents, including the decision by the patent office on whether to grant or refuse a patent. Section 15: Duration of Patent Specifies the term of a patent, which is generally 20 years from the date of filing, subject to payment of renewal fees. Section 16: Extension of Time  Provides for extensions of time limits in the patent process under specific circumstances. Section 17: Opposition Proceedings Details the procedures for opposing the grant of a patent by interested parties. Section 21: Restoration of Lapsed Patents Provides the process for restoring patents that have lapsed due to non-payment of renewal fees. Section 25: Revocation of Patents Lists the grounds and procedures for revoking a patent, including instances where the patent was granted incorrectly. Section 27: Surrender of Patents Details the process by which a patent holder can voluntarily surrender their patent. Step 1: Patent Search Patent Search is conducted to check whether there are any similar inventions already patented or available in the public domain. This is done to ensure that the product seeking patent registration is novel and undisclosed to the public. If the search results are clear, you can move to the next step. Step 2: Patent Application Filing The procedure for filing patent application involves filing Form-1 and submitting it with Patent Specification in Form-2. https://ipindia.gov.in/writereaddata/Portal/IPOFormUpload/1_12_1/form-1.pdf https://ipindia.gov.in/writereaddata/Portal/IPOFormUpload/1_13_1/form-2.pdf Step 3: Patent Specification Drafting The next step in the procedure for filing patent application is drafting a patent specification, a detailed document that contains information of the invented product. It is filed with the application to ensure full disclosure of information to the Registrar of patent. https://neustel.com/wp-content/uploads/2017/01/pdf/Sample-Patents/Sample- Patent_Binder_System.pdf Step 4: Patent Publication The following stage is the publication of application in the Patent Journal. It is done 18 months after the date of application and brings the invention into the public domain for the first time. Step 5: Requesting Patent Examination Within 48 months of applying, a patent examination is requested. An examiner is assigned to go through the details of the application and raise objections against any discrepancies found. If objections are raised, the applicant must reply within 12 months. If the replies aren’t satisfactory, show cause hearings may be called to settle objections. Step 6: Grant of Patent Only after all the objections are settled, the Registrar will consider granting the patent rights to the inventor for 20 years from the application date. How Much Does Patent Procedure in India Cost? Let’s compute the overall expense of the patent filing procedure in India into Government fees and Professional fees. Government fees are paid while submitting the patent application and other forms like the request for examination report and so on. This fee depends on how lengthy your application is, what is the mode of filing, and what are the charges of the examiner. Here’s a glance at the updated fees: 1. For Natural person(s) and/or Startup: 1,600 (within 30 pages, 10 claims) for e-filing and 1,750 (within 30 pages, 10 claims) for physical filing 2. For Small entities, alone or with a natural person(s) and/or Startup: 4,000 (within 30 pages, 10 claims) for e-filing and 4,400 (within 30 pages, 10 claims) for physical filing 3. Others, alone or with a natural person(s) and/or Startup and/or small entity: 8,000 (within 30 pages, 10 claims) for e-filing and 8,800 (within 30 pages, 10 claims) 4. Additional Fees: 160 per extra page and 320 per extra claim for e-filing; 180 per extra page and 350 per extra claim for physical filing. Important Components of Patent: Once a patent agent understands the invention he can begin preparing the patent application. The parts of the application are generally: CLAIMS: A patent claim is indisputably the most important part of a patent specification. It defines the boundary of the patent. To break it down, a patent claim defines exactly what is claimed by the invention and therefore what is sought to be protected. It clearly lays down what the patent does and does not cover. Section 10 (4) (c) of the Patents Act, 1970 states that every complete specification must end with a patent claim or patent claims that defines the scope of the invention for which protection is claimed. Claims are of two types: Independent claims and dependent claims Independent Claims may be of three types: A claim for a thing A claim for a method of making a thing A claim for a method of using a thing They are ‘stand alone’ claims that do not bear reference to any other claim. Dependent Claims: Dependent claims always bear reference to an earlier claim or independent claim and limit their scope. Dependent claims are therefore relatively narrow as they limit the scope of an earlier claim The detailed description section, sometimes known as the “preferred embodiment of invention” section or the “disclosed embodiment of the invention” section. a patent agent should take care that the patent application (1) reflects the disclosure material provided by the inventors. (2) provides sufficient information to enable an ordinary artisan to reproduce the invention; and (3) provides sufficient depth so that the claims can be narrowed during patent prosecution to avoid close prior art. DRAWINGS The patent agent must prepare good visual supporting materials that describe the invention. Some patent laws require that every claimed element be shown in a drawing. Where possible, the drawings should explain the invention in sufficient detail that reading the detailed description section merely confirms in words the information provided in the drawings. BACKGROUND: A good background section should be short and merely set the stage for the technical disclosure to be provided in the detailed description section. The background section could describe the prior art at a very high level. The background section may conclude with a short, crisp statement about the shortcomings of the prior art, but this must be written in a manner that does not disclose the solution to be described later in the application. ABSTRACT: The patent abstract should describe the invention very clearly in the fewest possible words. The patent agent could use a version of the first paragraph of the summary of the invention section as the abstract. SUMMARY: The summary of the invention section should be one of the last parts of the patent application that the patent agent writes. In preparing the summary of the invention sections, avoid providing some sort of “big picture” summary that goes beyond the claims in any manner. ▪ Key Changes Under Patents (Amendment) Rules, 2024: o Reduced timeline for filing a Request for Examination (RFE): From 48 months to 31 months from the priority date. o Introduction of ‘Certificate of Inventorship’: Acknowledge inventors' contributions by identifying them for their patented inventions. o Frequency of filing statements: Reduced from once a financial year to once every three financial years. o Amendments in Pre-grant and Post-grant Opposition Procedures: Time frame for submission of recommendations by an Opposition Board and the response time for applicants have been adjusted. Challenges in the Patenting System? ▪ Lengthy Approval Process: Patent offices can take months or even years to examine applications. This can be problematic for inventors waiting to secure their rights. ▪ Backlog of Patent Applications: Patent office’s often deal with a high volume of applications, leading to a backlog that can further extend approval times. ▪ Limited Awareness & Education: Many inventors, especially small businesses and individuals, lack sufficient knowledge about patents and the process. This can hinder their ability to effectively protect their inventions.  ▪ Resource Constraints: The patenting process can be expensive, involving patent attorney fees, application fees, and potential maintenance fees. This can be a barrier for inventors with limited resources. ▪ Stringent Patentability Criteria: India has specific provisions under Section 3 of the Patents Act that exclude certain inventions from patentability. This can be a hurdle for innovations in these areas. ▪ Enforcement Issues: Even with a patent, enforcing patentee rights against infringers can be costly and time-consuming, requiring legal action. ▪ Biopiracy & Traditional Knowledge Issues: Ensuring fair access to genetic resources and protecting traditional knowledge associated with them can be complex issues in the patent system. Multiple Choice Question: 1. What is/are the recent policy initiative(s)of Government of India to promote the growth of manufacturing sector? (2012) Setting up of National Investment and Manufacturing Zones Providing the benefit of ‘single window clearance’ Establishing the Technology Acquisition and Development Fund Select the correct answer using the codes given below: (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Ans: (d) Q2. With reference to the ‘National Intellectual Property Rights Policy’, consider the following statements: (2017) It reiterates India’s commitment to the Doha Development Agenda and the TRIPS Agreement. Department of Industrial Policy and Promotion is the nodal agency for regulating intellectual property rights in India. Which of the above statements is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans: (c) Q3. Consider the following statements: (2019) According to the Indian Patents Act, a biological process to create a seed can be patented in India. In India, there is no Intellectual Property Appellate Board. Plant varieties are not eligible to be patented in India. Which of the statements given above is/are correct? (a) 1 and 3 only (b) 2 and 3 only (c) 3 only (d) 1, 2 and 3 Ans: (c)  Topic 2: Copyrights Copyrights(https://copyright.gov.in/) Copyright is a legal concept that grants the creator of original work exclusive rights to its use and distribution. This includes the right to reproduce, distribute, perform, display, or license the work. Copyright applies to a wide range of creative works, including literature, music, films, and visual art. The purpose of copyright is to encourage the creation of art and culture by ensuring that creators can benefit from their work and control how it's used. Copyright protection is automatic as soon as a work is created and fixed in a tangible form, such as being written down or recorded. However, the specifics of copyright law can vary by country Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books, computer programs are protected under the Act as literary works. Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised only by the owner of copyright or by any other person who is duly licensed in this regard by the owner of copyright. These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public etc. One of the supreme advantages of copyright protection is that protection is available in several countries across the world, although the work is first published in India by reason of India being a member of Berne Convention. Protection is given to works first published in India, in respect of all countries that are member states to treaties and conventions to which India is a member. Thus, without formally applying for protection, copyright protection is available to works first published in India, across several countries. Also, the government of India has by virtue of the International. Rights of Copyright Owners Right to reproduce the work This is the fundamental right of a copyright owner. It means the owner has the exclusive right to create copies of their work in any form, whether it's printing, recording, or storing it digitally. Right to publish the work This right allows the copyright owner to make their work available to the public for the first time. It includes the decision of how, when, and where to publish the work. Right to perform the work in public The copyright owner has the sole authority to perform their work publicly. This includes live performances, broadcasts, and online streaming. Right to adapt the work This right gives the owner the power to create new works based on their original work. This includes translations, film adaptations, or creating derivative works. Right to distribute copies of the work The copyright owner controls how copies of their work are distributed. This includes selling, renting, leasing, or lending copies. Moral rights (attribution, integrity) Moral rights are separate from economic rights. They protect the author's connection to their work. Attribution: The right to be identified as the creator of the work. Integrity: The right to prevent distortion, mutilation, or other modifications of the work that could harm the author's reputation. These rights ensure that the author's reputation and connection to their work are protected, even after the work has been sold or transferred. What is the Copyright Act 1957? ▪ About: o Copyright is a legal right that protects original works of literature, art, music, films, and computer programs, among others, in India. o It safeguards expressions of ideas rather than the ideas themselves. The owner of a copyright has exclusive rights to adapt, reproduce, publish, translate, and communicate the work to the public. o The act has undergone several revisions since it was first passed in 1958. The most recent amendment was in 2012. ▪ Key Sections: o Section 2: Deals with various definitions of the work which can be covered under the definition of copyright. For example, Section 2(o) deals with literary works, Section 2(h) includes all dramatic works under the definition of copyright protection. o Section 13: Provides copyright protection to literary works, musical works, dramatic works, cinematographic films, and sound recordings, among others. o Section 14: Grants the copyright owner a set of exclusive rights such as adapting, reproducing, publishing, translating, and communicating the work to the public. No one can exercise these rights unless they have the permission of the copyright owner. In addition to the act, the Copyright (Amendment) Rules 2021, were brought into effect to bring the copyrights in line with other relevant laws. Under the rules: Provisions have been introduced to ensure accountability and transparency in the collection and distribution of royalties. The Copyright Board has been merged with the Appellate Board, and the compliance requirements for software registration have been reduced. The applicant has the option to file the first 10 and last 10 pages of the source code, or the entire source code if it's less than 20 pages, with no blocked or redacted portions. The Central Government has 180 days to respond to an application for registration as a copyright society. Prominent section under Copyright Act 1957: https://www.indiacode.nic.in/handle/123456789/1367?view_type=browse  When filing a copyright application in India, you would primarily be referring to specific sections of the Copyright Act, 1957. The most relevant sections for filing an application and understanding dthe scope of protection are: 1. Section 2 Definitions: This section provides definitions for terms used throughout the Act, such as "copyright," "author," "work," and "literary work." 2. Section 13 Copyright in Works: This section outlines what kinds of works are eligible for copyright protection, including literary, dramatic, musical, and artistic works. It specifies the rights granted to the copyright holder. 3. Section 30 Registration of Copyright: This section describes the process for the registration of copyright, including the application procedure. It provides the framework for how works can be officially registered with the Copyright Office. 4. Section 31 Registration and Effect: This section deals with the effects of copyright registration, including presumptions of validity in legal proceedings. 5. Section 33 Judicial Proceedings: This section outlines how copyright disputes should be handled in court and the evidentiary value of copyright registration in these proceedings. 6. Section 51 Infringement of Copyright: This section defines what constitutes copyright infringement and the rights of copyright holders in cases of infringement. 7. Section 57 Moral Rights: This section provides for the moral rights of authors, including the right to attribution and protection against derogatory treatment of the work. 8. Section 66 Power to Search and Seizure: This section grants powers for searching and seizing infringing copies, which can be relevant in cases of copyright enforcement. Duration of Copyright: In India, the duration of copyright protection varies depending on the type of work and the status of its authorship. Here’s a detailed explanation of how these durations work: 1. Literary, Dramatic, Musical, and Artistic Works Duration: Copyright lasts for the lifetime of the author plus 60 years. Details: This period begins from the end of the calendar year in which the author dies. For example, if an author dies in 2023, the copyright lasts until December 31, 2083. 2. Works Created by Multiple Authors Duration: Copyright lasts for the lifetime of the last surviving author plus 60 years.  Details: If a work has more than one author, the copyright term is measured from the end of the year in which the last surviving author dies. 3. Works Created Under Employment (Works for Hire) Duration: Copyright lasts for 60 years from the date of publication or 60 years from the date of creation if the work is not published. Details: These works are created by an employee in the course of their employment. The term is not tied to the life of an individual but rather a fixed period from publication or creation. 4. Anonymous and Pseudonymous Works Duration: Copyright lasts for 60 years from the date of publication. Details: If the author’s identity is not known or if the work is published under a pseudonym where the author’s identity is not apparent, the term is fixed at 60 years from publication. If the work remains unpublished, it is protected for 60 years from the date of creation. 5. Cinematograph Films Duration: Copyright lasts for 60 years from the date of publication. Details: Cinematograph films have a fixed copyright term of 60 years from the date they are first published, irrespective of the authors involved. 6. Sound Recordings Duration: Copyright lasts for 60 years from the date of publication. Details: Like cinematograph films, sound recordings are protected for a fixed period of 60 years from their first publication. 7. Government Works Duration: Copyright in works created by the government or any of its agencies lasts for 60 years from the date of publication. Details: This applies to works published by the government and does not include works created by government employees in their official capacity. 8. Posthumous Works Duration: The duration is the same as for regular literary and artistic works—life of the author plus 60 years. Details: If a work is published posthumously, the copyright lasts for 60 years from the end of the year in which the author died, provided it was published during this period. Key Points to Note Publication: The term "publication" generally refers to the first public distribution of a work. End of Term: After the copyright term expires, the work enters the public domain and can be freely used by anyone without seeking permission. Understanding these durations helps in managing intellectual property rights effectively, whether for creative professionals or businesses handling copyrighted works. Fig: Reference from Legal Service India on Steps of filing a copyright Steps of filing a copyright( https://copyright.gov.in/UserRegistration/frmLoginPage.aspx) 1. Determine Eligibility Ensure that the work you want to copyright is eligible for protection under Indian copyright law. Eligible works include literary, dramatic, musical, and artistic works, as well as cinematograph films, sound recordings, and computer programs. 2. Prepare the Required Documents Before you file, gather the necessary documents: Application Form: Complete the prescribed form for copyright registration (Form XIV for literary, dramatic, musical, and artistic works, and Form XX for sound recordings and cinematograph films). Copy of the Work: Submit a copy of the work for which copyright is sought. This could be a manuscript, a digital file, or a physical copy, depending on the type of work. Declaration of Originality: A statement affirming that the work is original and has not been copied from another source. Identity Proof: Proof of identity of the applicant (e.g., Aadhaar card, passport). Address Proof: Proof of the applicant's address. 3. Fill Out the Application Form  Form Details: Complete the application form with details such as the title of the work, the author's name, and the date of creation. The form must be signed by the applicant or authorized representative. 4. Pay the Fee Fee Structure: Pay the registration fee, which varies based on the type of work and the number of works. The fee details are available on the Copyright Office's website. Payment Method: The fee can be paid online through the Copyright Office's portal or via demand draft/cash at the office. 5. Submit the Application Online Submission: The application can be submitted online through the Copyright Office’s e-filing portal. Physical Submission: Alternatively, you can submit the completed form and documents in person or by post to the Copyright Office located in Delhi. 6. Acknowledgment of Receipt After submission, you will receive an acknowledgment receipt from the Copyright Office. This receipt confirms that your application has been received and is in process. 7. Examination of Application The Copyright Office will examine the application to ensure that it meets all requirements. This may involve: Verification: Checking the originality and compliance of the work with copyright requirements. Clarification: If needed, the office may request additional information or documentation. 8. Publication of Work If the application is accepted, details of the work will be published in the Copyright Journal. This is a public notice that the copyright has been claimed. 9. Issuance of Copyright Certificate Once the application is processed and there are no objections, a copyright certificate will be issued. This serves as official proof of copyright registration. 10. Addressing Objections If any objections are raised during the examination process, you will be notified and given a chance to respond or rectify the issues. 11. Record Keeping Keep a copy of the registration certificate and all correspondence with the Copyright Office for your records. This documentation is important for proving copyright ownership and resolving any future disputes. Copyright Registration Cost The fee for copyright registration can be paid through various methods, including postal order, demand draft, or online payment. The payment should be made payable to the “Registrar of Copyrights, New Delhi. Below is the official fee structure provided by the corporate office for your reference: Sr.No. For an application for COMPULSORY LICENSE : Fee 1. For a license to republish a Literary, Dramatic, Musical Rs. 5,000/- per work or Artistic work (Sections 31, 31A,31B* and 32A) 2. For a license to communicate any work to the public by Rs. 40,000/- per Broadcast(Section 31(1)(b)) applicant/per sataton 3. For the license to republish a Cinematograph Film Rs. 15,000/- per work (Section 31) 4. For a license to republish a sound recording (Section Rs. 10,000/- per work 31) 5. For a license to perform any work in public (Section 31) Rs. 5,000/- per work 6. For a license to publish or communicate to the public Rs. 5,000/- per work the work or translation (Section 31A) 7. For a license to publish any work in any format valid for Rs. 2,000/- per work the person with a disability (Section 31 B) 8. For an application for a license to produce and publish Rs. 5,000/- per work a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A ) 9. For an application for registration or Copyright in a: (a)Literary, Dramatic, Musical or Artistic work Rs. 500/- per work (b)Provided that in respect of a Literary or Artistic Rs. 2,000/- per work work which is used or is capable of being used about any goods or services (Section 45) 10. For an application for change in particulars of Copyright entered in the Register of Copyrights in respect of a: (a)Literary, Dramatic, Musical or Artistic work Rs. 200/- per work (b)Provided that in respect of a literary or Artistic work Rs. 1,000/- per work which is used or is capable of being used to any goods or services (Section 45)  11. For an application for registration of Copyright in a Rs. 5,000/- per work Cinematograph Film (Section 45) 12. For an application for registration of change in Rs. 2,000/- per work particulars of Copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45) 13. For an application for registration of Copyright in a Rs. 2,000/- per work Sound Recording (Section 45) 14. For an application for registration of changes in Rs. 1,000/- per work particulars of Copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45) 15. For taking extracts from the indexes (Section 47) Rs. 500/- per work 16. For taking extracts from the Register of Copyrights Rs. 500/- per work (Section 47). 17. For a certified copy of an extract from the Register of Rs. 500/- per copy Copyrights of the indexes (Section 47) 18. For a certified copy of any other public document in the Rs. 500/- per Copy custody of the Register of Copyright or Secretary of the Copyright Board 19. For an application for prevention of importation of Rs. 1,200/- per work infringing copies (Section 53) per place of entry Benefits of Copyright Registration: Copyright registration indeed offers numerous benefits to creators. Here are some key advantages: Enhanced Legal Protection: Enables more effective enforcement of exclusive rights against unauthorized use or reproduction. Proof of Ownership: Provides concrete evidence of ownership and crucial documentation in legal disputes. Public Notice: Works become part of the public record, notifying the public and potential users about the protected status of the creative work. Statutory Damages and Attorney’s Fees: In certain jurisdictions, registered works may be eligible for statutory damages and attorney’s fees in legal proceedings. International Protection: Facilitates enforcement of rights in other countries through international treaties and agreements.  Timestamped Record: Creates a timestamped record of the work, establishing a clear timeline of its creation. Prerequisite for Lawsuits: In some jurisdictions, registration is a prerequisite for filing a lawsuit, enhancing the legal recourse available to creators. Marketability: The cost of copyright registration varies based on different categories of creative works. Here is a comprehensive list of categories, along with their associated costs for copyright registration in India: