Patents and IPR

Movable Property,Immovable Property,Intellectual Property

IPR is a general term covering patents, copyright, trademark, industrial design, GI, protection of layout
design of Integrated Circuits, protection of undisclosed information (trade secrets).

Classification of IPRs

Industrial Property Literary Property New/Emerging/Non-

conventional Forms

 Patents  Copyright  Traditional Knowledge

 Trademarks  Neighboring / Related  Traditional Knowledge
 Industrial Designs Rights Digital Library
  Plant Varieties Protection
 GIs
 Digital Copyright
 Domain Name
 Life-Forms Protection
 Lay-out Designs
 Business Methods
 Computer Programmes
 trade secret

Requirements of Patentability:
Novelty
Non-obviousness / inventive step
Industrial applicability.
Term of protection

Form of IPR Registration Term of Protection

Patent Compulsory 20 years

Trademark Optional 10 years & renewable

Designs Compulsory 10 years + Renewable by 5 years

Geographical Compulsory 10 years + Renewable forever

Indications
Copyright Optional Lifetime of Author + 60 years
Plant Protection Compulsory 15/18 years

Integrated Circuits Compulsory 10 years

Patent filing process all over (ipindia for india)

Types of Patents
1)Process Patent
It allows reverse engineering of drugs.
It gives more flexibility for production of drugs.
This is more cost effective regime.
It suppresses creativity for newer and better products.
2)Product Patent
It does not allow reverse engineering of drugs.
It allows a patent span of 20 years.
It gives a chance for young and dynamic individuals for a better chance for application of their intellects for
newer and better products.
It increases the prices of drugs alarmingly since there is no competitor.

Reasons for patenting inventions:

Patents provide strong market position and competitive advantage. To exploit invention or to license or
even assign your rights;

Licensing of patents to others may provide access to new markets, which are otherwise inaccessible;

Licensing and assignment, may fetch huge revenues for the company;

By obtaining patent protection you can prevent others from patenting the same invention;

Ownership of patents may enhance your ability to raise capital to take a product to market & attract
venture capitalists;

Finally, a Company is known by number of patents it holds

Who can file a patent

 Inventor himself (assignor and assignee)

 Legal representative of the inventor

 His assignee

 Either alone or jointly with another person

facebook patents