UNIT V: PATENT RIGHTS
Scope of Patent Rights
Rights to exclude:
The patent owners has the right to prevent
others from using their invention with the
permission.
Right to license:
Patent owners can choose to license their
invention to others in exchange for money etc.
Patent to use:
Patent owners have right to take legal action
against anyone who use their patented
invention without permission.
SCOPE OF PATENT RIGHTS
Patent rights give the inventor the exclusive right
to use and sell their invention for a certain period
usually 20 years.
It prevents others from using or selling same
without permission .
LICENSING AND TRANSFER OF TECHNOLOGY
Research and invention:
Develop a new idea or invention
Patent search:
Check if someone else has already patented a
similar idea.
File patent application:
Submit your patent application to the relevant
patent office.
Patent examination:
The patent officer reviews the application to
ensure it meets requirements.
LICENSING AND TRANSFER OF TECHNOLOGY
Patent granting:
If approved, you receive a patent.
Granting exclusive rights to invention
In order to license and transfer of technology after
patent granting , there are three stages:
Agreements:
First, there is an agreement between two
parties – the owner of the technology
(licenser) and the one who wants to use it
(licensee).
Permission:
the licensor gives the license permission to
use their technology under certain conditions
LICENSING AND TRANSFER OF TECHNOLOGY
Transfer:
The licensee pay and agrees to terms for
using technology.
Explain the patent right, scope for patent right,
licensing and technology transfer.
LICENSING AND TRANSFER OF TECHNOLOGY
Benefits for society:
Transfer of technology is expected to improve the quality of
life generally through:
new products and services, meeting human needs in
healthcare, environmental challenges and other critical
areas; and
new businesses (start-ups, spin-offs) and jobs.
LICENSING AND TRANSFER OF TECHNOLOGY
Benefits for industry:
Collaboration with research institutions/educational institutes can
strengthen industry by:
providing companies with IP that they can invest in to develop
early-stage technologies;
providing technical assistance to local firms;
securing companies’ access to more basic (“blue-sky”)
research fields;
enabling them to commercialise new products, generating
growth and profit; and
strengthening the local economy – increasingly, communities
around research institutions are becoming high-tech
innovation clusters, attracting a highly educated labour force
and building a strong innovation sector.
LICENSING AND TRANSFER OF TECHNOLOGY
Benefits for institutions:
The principal benefits are indirect and should be
considered in the longer term. They include, among others:
Attracting key talent – Universities that embrace a robust
technology transfer environment are more appealing to
entrepreneurial faculty, scientists and students who see
the institution as a successful pathway for both career
development and bringing innovation to market.
Funding – Successful technology transfer often attracts
additional research funding.
Prestige – Institutions that succeed in moving
discoveries from the lab to the marketplace often create
a prestigious following.
LICENSING AND TRANSFER OF TECHNOLOGY
Benefits for institutions:
Enhanced quality of research programs – Interaction
with the private sector often results in access to state-of-
the-art industrial equipment, improved skills and
techniques and better understanding of market needs.
Enhanced teaching – Institutions frequently benefit from
the participation of industry-based lecturers and real
case studies.
Faculty career opportunities – Collaboration with industry
can facilitate exchanges of staff between the institution
and businesses and alumni intake in firms.
GEOGRAPHICAL INDICATIONS
• Geographical Indications (GIs) are a category of Intellectual
Property Rights (IPR) that identify products originating from a
specific location, region, or country, where the product’s quality,
reputation, or other characteristics are intrinsically linked to its
geographical origin.
• A geographical indication is a sign used on goods that have a
specific geographical origin and possess qualities or a reputation
due to that place of origin.
• Most commonly, a geographical indication consists of the name of
the place of origin of the goods.
• Whether a sign functions as a geographical indication is a matter of
national law and consumer perception.
Basmati Rice
Darjeeling Tea
Kanchipuram Silk Saree
Alphanso Mango
Nagpur Orange
Solapur Chaddar
Tirupathi laddu
Mysur pak
PATENT OFFICE DATABASES
Name of the Description
database
Espacenet • Developed by the European Patent Office (EPO) together with its
member states.
• The largest public patent database on the Internet
• Contains 100 million patent documents from more than 90+ countries
including Canada and the U.S., plus 2 million records for non-patent
literature cited in EPO search reports.
JP-PlatPat • The official database of the Japan Patent Office (JPO).
• Contains Japanese patents, utility models and designs from 1922
to the present.
PatentScope • The official database of the WIPO
• Contains 100 million paten documents from more than 75
regional and national patent offices.
• Major national collections include Canada, China, European
Patent Office, Japan, Korea, Russia, the U.K and U.S.
U.S. Patent • Maintained by United States Patent and Trademark Office
Assignment (USPTO).
Database • Contains more than 11 million U.S. patents issued from 1790 to
the present. Updated daily.
PATENT DATABASES
Google Patents
• Google Patents indexes more than 18 million patent
documents published worldwide including full-text data
from major offices such as the USPTO, EPO, JPO, KPO,
WIPO, and CNIPA.
• Google Patents also offers the ability to search within
Google Scholar and Books collections for non-patent
literature using the CPC scheme.
Lens
• Lens is a free patent and scholarly search and citation tool
offered by Cambia, an Australian non-profit organization.
• It sources its patent data from various national registers
such as the USPTO, EPO, WIPO, EPO’s DocDB, and other
databases.
INDIAN PATENT DATABASES
InPASS
• The Indian Patent Office website provides a free search
system for Indian patent information called "InPASS"
(Indian Patent Advanced Search System).
• The system allows full text searches for published patent
applications, granted patents and legal status
information for Indian patents.
Patestate
• It is an online database of CSIR-granted patents along
with new inventions being protected.
• The database contains bibliographic details of patents
which can be searched by Simple search or Advance
search.
• Alternatively, the Patent database can be browsed by
subject categories.
Administration of Patent System in India (Organization Structure)
SICLDR
Semiconductor Integrated Circuits Layout Design
Registry (SICLDR)
https://ipindia.gov.in/
New Developments in IPR
AI ownership clarification:
They were last clarification who owns the
rights to inventions or creations made by
artificial intelligence system.
Green technologies and patents:
Government offered incentives and organised
patent processes to increase innovation in
renewable energy, recycling and other echo
friendly sectors.
Software patents:
Continued the discussion of about the
patentability of software
New Developments in IPR
Open access movement:
Growing support for making research and
content freely available to the public.
IPR OF THE BIOLOGICAL SYSTEMS
• Genetic and other biological resources constitute unique
subject matter for IP protection ever since IP systems began
to protect innovation in the modern life sciences, as early as
the mid1970s.
• They include, for example, microorganisms, plant varieties,
animal breeds, genetic sequences, nucleotide and amino acid
sequence information, traits, molecular events, plasmids, and
vectors.
• GRs and related life science innovation and information cut
across a number of branches of IP law and practice, including
patents, trade secrets, copyright technological protection
measures as well as other branches of the law.
• The IP issues associated with GRs therefore need to be
addressed in a customized, cross-cutting and practical
manner.
Source: https://www.wipo.int/tk/en/genetic/
IPR OF THE BIOLOGICAL SYSTEMS
Plant variety protection:
Protecting new plant varieties development
through breeding
Copy right on genetic sequences:
Protecting original work related to DNA or RNA
sequences.
Copy right on scientific publications:
Protecting research papers and articles in the field
of biology.
Trade mark protection for Biotech companies:
Protecting the brand identity of companies
operating in biotechnology sector.
This is all about IPR of biological system.
IPR OF THE COMPUTER SOFTWARE
• The term software is a collection of instructions that
tell a computer what to do. It comprises of entire set of
programs, procedures and routines associated with the
operation of a computer system.
• The major statutes that cover software protection in
India are the Copyrights Act, 1957 and Patents Act,
1970.
• The Copyright Act 1957, under section 2 (o) defines
“literary work” as computer programs, tables and
compilations including computer databases.
• Copyright protects the source code, object code, and
overall structure of software.
IPR OF THE COMPUTER SOFTWARE
• The Indian Patents Act, 1970's Section 3(k) states that computer
programs are not patentable, but inventions that include a
computer program can be patented if they meet certain
criteria:
• The invention must have a technical effect
• The invention must be inventive and capable of industrial use
• The invention must have a novel and non-obvious technical
solution
• The invention must improve a technical field
• The invention's specification must disclose the subject matter
that is not a computer program
• The patent application's claims must demonstrate technical
advancement and effect
• Thus, it is possible to patent software in India, but it is not easy.
IPR OF THE COMPUTER SOFTWARE
Copy right:
Posses the original expression in software code.
Patent:
Grants exclusive rights for an invention like a
original software algorithm.
Trade secretes:
Keeps viable software information confidential
from other competitors.
Trade marks:
Protects logos name or symbols associated with
software brands.
This is all about the IPR of computer software's.
Steps in registering for copyright of
computer software
• Application has to be filed, detailing the ‘Source Code’ (kept
confidential by Authority) and ‘Object Code’ (published by
authority) along with proof of name, nationality, work
description and the date of publication of work.
• After filing the application, the authority publishes the
source code in the diary.
• Source code is made visible to the public for 30 days and if
no objections are raised, the process continues further and
in case of objections copyright hearing is taken.
• If accepted, the examiner will check the application for
errors and send a letter of discrepancies, if any, to the
author, and in case there are no errors, the application is
passed.
• Where the work is accepted, the copyright is given finally.
TRADITIONAL KNOWLEDGE CASE STUDIES
• Growing commercial use of Traditional Knowledge (TK) based
resources also makes them increasingly vulnerable to
misappropriation and misuse by third parties.
• The interconnectedness of national and global legal regimes
on TK protection and constant evolution of the debate calls
for policy efforts towards adapting to changing requirements.
• The National Intellectual Property Right (NIPR) Policy, 2016,
acknowledges that there is ‘considerable unexplored
potential for developing, promoting and utilizing traditional
knowledge of India’.
• The AYUSH Policy 2002, and the draft AYUSH Policy 2016, too
support promotion of the Traditional Medicine (TM) industry.
Additionally, the National Health Policy 2017 seeks
mainstreaming of AYUSH systems at par with the modern
medicines.
INDIAN INSTITUTE OF TECHNOLOGY (IITS) AND
IPR
• The Indian Institutes of Technology (IITs) place a strong emphasis
on Intellectual Property Rights (IPR) to foster innovation and
protect the creations of their faculty, students, and researchers.
• Each IIT has an IPR cell dedicated to managing and promoting
intellectual property generated within the institute.
• IPR Chairs: The Ministry of Human Resource Development has set
up five IPR Chairs in IITs as part of the Intellectual Property
Education, Research and Public Outreach (IPERPO) scheme.
INDIAN INSTITUTE OF TECHNOLOGY (IITS) AND
IPR
• IIT Delhi: The IPR policy of IIT Delhi aims to protect the
rights of inventors, encourage creativity, and protect
the interests of faculty, students, and society.
• IIT Ropar: The IPR policy of IIT Ropar defines
intellectual property as an intangible knowledge
product and covers types of IP such as patents,
copyrights, trademarks, and industrial designs.
• IIT Madras: Has a robust IPR policy and its incubation
cell (IITM Incubation Cell) has helped launch numerous
successful startups.
• IIT Bombay: Known for its Society for Innovation and
Entrepreneurship (SINE), which supports tech startups.
