Rateckect Patents t patent % an Prtellechral proper b wight are lalfog ho GnvenKons and the / Set of exctustre Kaply granted i geseinanent 9 brdPa to an trvertlor fee a temehed berPed o/ Hime , exctucting others from making 1 U8tng stteng “Weed, Pmbesttng the fetented product or precese prectecetng Hat pedert product tov cthere purpece Ee Se Patenkee ! # ferten whom the patent grantee ofectuer_ potent . +Te_pnovtele_ prolecte _sTo promote the Creatrofhy ts - To brouPcle fhe excturtue aq hts bo _fquenk’m ard | |orele prokechern onan) unauttorired ose 9 Preenbfm by ford ort Daghs 9, fatentee 3 + Reqht 49 grant He (Geense + Regrt to SurrenderRaksha Shety ‘TERIA FOR GRANTING PATENT invention must be new and not disclosed anywhere in the world cr 1. Novelty — before the filing date. 2. Inventive Step (Non-obviousness) — The invention must not be obvious to a person skilled in the relevant field. 3. Industrial Applicability (Utility) — The invention must be capable of being made or used in some kind of industry. 4. Patentable Subject Matter — The invention must not fall under non-patentable categories as defined by law (e.g., Section 3 and 4 of the Indian Patent Act). 5. Enabling Disclosure — The invention must be fully and clearly described in the application to allow a skilled person to reproduce it. 6. Unity of Invention — The application should relate to one invention or a group of related inventions. 7. Proper Claims ~ The claims must clearly define the scope of the invention and be supported by the description10.2.4.1 Process of filling application for patent You can choose to apply for a patent all by yourself or take help from registered agents. When it comes to the cost of getting a patent, the following two elements come into the picture: + Government fees for forms and renewals. + Ifyou choose to have an agent, then the charges for the professional It is always recommended to get a patent through a registered agent. Here are the steps required to apply for a patent: Step 01: Invention disclosure The first step is to disclose your invention to the professional. This is done by signing a non- disclosure agreement. Pro-tip: Itis recommended to submit each known fact about your invention. Do not hold anything back. Step 02: Patentability search Usually, a professional charge a fee (approx. INR 10,000 to INR 20,000) at this step. At this stage, your professional performs extensive research for prior evidence in all the possible databases. Further, he or she builds a patentability search report based on your invention Step 03: Decision to file an application for patent This is where the actual process begins. After detailed research about (any) existing history of your invention, you can decide if you want to go ahead with the patent application filing. Please note: Your invention must have an ‘inventive step’ as compared with existing prior art pieces to qualify for a patent. It must have either ‘technical advanced’ or ‘economically significant’ or both, over any existing piece of arts. The step where you decide to go ahead with the filing process by writing an application is called patent drafting.= PU A Text Book of Pharmaceutical Validation Step 04: Patent drafting You can choose to draft the application on your own or take a professional's help to do this. If you choose to take help, you might have to pay somewhere around INR 20,000 to INR 30,000. ess, It requires both technical and Please note: This is one of the most crucial steps of the entire proc sts wasted. Hence, it’s legal understanding. If not drafted the right way, all the efforts you out in ge! a good idea to take professional help here. Step 05: Filing the patent application After you are done with a review of your patent draft and are satisfied with the scoPe and details, you are ready to file for a patent. You can file the patent application in a prescribed manner with appropriate forms with fees. You (based on the type of application) while submitting need to pay fees of INR 1,600 or 4,000 or 8,000 the patent application in the patent office. If you do not file a request for early publication, the patent application will be published on expiry of 18 months. Step 06: Request for examination This is the step where the applicant is required to request the Indian patent office to examine your patent application, within 48 hours. Request for examination fees ranges from INR 4,000 to INR 20,000 (based on the type of applicant). Step 07: Responding to objections (if any) ‘The draft and the report submitted to the officers in the patent office are thoroughly examined at this step. At this step, there is a chance for the inventor to communicate his novelty or inventive step over any other piece of art found during the assessment. If all the things are well clarified and solved, the patent application is almost ready to come to action. Step 08: Grant of patent If the application meets all the prescribed requirements, it is placed in order for the grant. Usually, the final grant of the application is notified through a journal that is published Step 09: Renewal of your patent Usually, a patent is in force for 20 years. On completion of 20 years, is ‘ , the i the patent by paying a small fee. , onnes ested oreFeature Patent Copyright Trademark Defin Protects new inventions, Protects original literary, artistic, and_| Protects brand names, logos, and efit processes, or designs. creative works. symbols used in commerce. Purpose Encourages innovation by Protects the expression of ideas, _| Prevents consumer confusion and po: granting exclusive rights. ensuring creators control their works. | ensures brand identity. Duration 20 years from filing date (for | Life of the author +70 years (for _/ Renewable indefinitely as long asit is utility patents) individual creators) inuse. [Covers functional and technical. | Covers original works like books, —_| Covers brand identifiers ike names, Protection Scope | spects of an invention, music, films, software, and art slogans, and logos. | Must be novel, non-obvious, and | Must be an onginal, fixed expression | Must be distinctive and used in Requirements useful of an idea commerce. Registration Requires application with patent | Automatic upon creation but can be | Requires application with a trademark I offices (eg,, USPTO, EPO). registered for stronger protection. _|ffice (e.g, USPTO), Patent owner can sue for Copyright holder can sue for Trademark owner can sue for brand Enforcement [infringement Unauthorized use misuse or counterfeiting, Examples Pharmaceutical drugs, software |Books, movies, songs, paintings, | Nike swoosh, McDonald's golden algorithms, mechanical devices. software code. arches, Coca-Cola logo WU NITTE [seme cesCopyright violation is handled through a mix of legal PP eee MCU ARCA dae but severity. pM ease wee eM TOC systems identify unauthorized use of protected CO itd ay 2. Notice: A formal complaint (like aDMCA takedown a(S BCE SORBET e em ist oemet cient 4 removal of the content. 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Convanivon obpialem, 3 Re abplecWrn — —_ aaa | We DeotPonal apftica Hon whch can — a clrutsem el halent abbife rn = s Palenh of addiieon “saith roe may be feud = eee __Subsequenl to jettrg th {elon {an bb Gealm —______[ov_paten) {ev on eee ox_med?{tcabPmn “_DrdvsRal clean ach 000 : Teorn fer Tndetheal dastgn 9s (or Is years UE prodeore eee ex mon funckonal fecturce [+dtetes ko encure halk vehevh on envabmenr Last stextgn Slates cornet sHhvee A2mensenal freterer suck cu shabe of on aaletler ov fuse : _A8manGonal (eahntr Such at forterne (ane_ov coleuy _ —— Geegralp\9 col Qn decal? ee = Ts a Skyn ted on seeds Jond stale _foreduc_oWsfnoles Mn a Puen geegrabWreal avea : and horserte-_ pal Ret one aebatalen clue bo tha} __— place of erkepn) _Geograb\2cal Qnel@cabPon mney be el bra a __varbehy G predicts suck as agReutural pevocdsck thet c qpucn A Wede oa ee ane (2A of Qalmrenale mn tab % secreh ov not oats brown Qn Hesrttevank enduthy Aten} the ovoner On odeanbage over combetflors.)_ ae a _.Practe seerel are by cleffralton nok APillosed ty be world! al large fo long ar_trade Seere! a Seerel_, Th Pr valuable fer Me company 7 yernaPnaGENERALPRINCIPLESOF =) INTELLECTUAL PROPERTY Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. ‘You own intellectual property if you: ‘© created it (and it meets the requirements for copyright, a patent or a design) ‘© bought intellectual property rights from the creator or a previous owner * havea brand that could be a trademark, for example, a well-known product name Intellectual property can: ‘+ have more than one owner + belong to people or businesses * be sold or transferred If you're self-employed, you usually own the intellectual property even if your work was commissioned by someone else - unless your contract with them gives them the rights. You usually will not own the intellectual property for something you created as part of your work while you were employed by someone else. Having the right type of intellectual property protection helps you to stop people stealing of copying the names of your products or brands, your inventions, the design or look of you" products and things you write, make or produce. 10.2.4 TYPES OF PROTECTION The type of protection you can get depends on what you've created, You get some types protection automatically, others you have to apply for. (430)General Principles of Intellectual Property Automatic protection Copyright Writing and literary works, art, photography, films, TV, music, web content, sound recordings Design right | Shapes of objects ; J Protection you have to apply for Trademarks Product names, logos, jingles 4months Registered Appearance of a product including, shape, packaging, | 1 month designs patterns, colours, decoration Patents Inventions and products, eg machines and machine | Around 5 years Parts, tools, medicines Keep these types of intellectual property secret until they’re registered. If you need to discuss your idea with someone, use a non-disclosure agreement. Using more than one type of protection More than one type of protection could be linked to a single product, for example, you could: ‘register the name and logo as a trademark * protect a product’s unique shape as a registered design * patent a completely new working part * use copyright to protect drawings of the product. 10.2.2 COPYRIGHT Copyright (or author's right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings. Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts as such. Copyright may or may not be available for a number of objects such as titles, slogans, or logos, depending on whether they contain sufficient authorship. There are two types of rights under copyright: + economic rights, which allow the rights owner to derive financial reward from the use of their works by others; and7 ea 132 moral rights, which protect the non-economic interests of the author. The Elements of the Copyright Notice (a) For published works, there are three elements: (i) The word “Copyright” or the abbreviation (ii) The year date of first publication; and ii) The name of the owner of the copyright. Additionally, the phrase “All Rights Reserved” can be added to the notice for protection in Latin American countries. (b) For unpublished works - It is recommended that a copyright notice be combined with a trade secret notice since most unpublished software works are also maintained as a trade secret. Duration of Copyright For works created on or after January 1, 1978 and works originally created before January 1, 1978 ‘but not published or registered by that date, the duration of a copyright is the life of the author plus 70 years. For a joint work by two or more authors who did not work for hire, copyright lasts for the life of the last surviving authors plus 70 years. In the case of a work for hire, the copyright endures for a term of the shorter of 95 years from its first publication, or 120 years from its creation. Copyright in such works may not be renewed. Terms of copyright run to the end of the calendar year in which they would otherwise expire. 10.2.3 TRADEMARK A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. A trademark or “brand name” comprises any: word or group of words, such as a slogan (RENSSELAER POLYTECHNIC INSTITUTE, DON’T LEAVE HOME WITHOUT IT), logo, symbol, pictorial representation or design (NIKE “Swoosh”, LACOSTE Alligator, apple for APPLE computers, five interlocking Olympic rings), * numeral(s), letter(s) or combination thereof (501 for jeans, IBM for computers, RPI, V-8 juice), * shape of a container or packaging (COKE bottle, conical top of CROSS pen), * color (orange for THE HOME DEPOT stores, pink for Corning’s insulation), sound (lion roar for MGM, chimes for NBC, roar of a motorcycle for Harley Davidson), * scent (“the mark consists of a high impact, fresh flower fragrance reminiscent of plumeria blossoms” - U.S. Reg. No. 1,639,128) which > is adopted and used in commerce by a manufacturer or businessperson > to identify that person's goodseee ae at > todistinguish those goods from goods sold by another; and > toindicate the source of the identified goods. ‘At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees. At the international level, you have two options: either you can file a trademark application with the trademark office of each country in which you are seeking protection, or you can use WIPO's Madrid System. In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. This implies that the trademark can be exclusively used by its owner or licensed to another party for use in return for payment. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation. Service Mark A service mark is used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others, such as Mc DONALD'S and OFFICE DEPOT. Service marks are afforded the same legal protection as trademarks and are also able to be registered in the same manner and with the same effect. Trade Name Normally, the name of a business entity is not able to be registered unless it is used as a trademark or service mark. A trade name is usually identified by its ending in the term “Company/Co.”, “Corporation/Corp.”, “Inc.” or “Ltd.” (McDonald's Corporation [trade name]. Mc DONALD’S restaurants [service mark)). Trade name infringement is actionable under federal and state laws. Term of a Registration Federal trademark /service mark registrations are valid for a period of ten years and are renewable for ten years periods as long as the mark remains in actual use. Additionally, between the fifth and sixth year from the date of a federal registration, the registrant must file a declaration or affidavit that the mark is still in use as of that date. In addition, to secure renewal of the ten years registration term, an Affidavit of Use must also be filed in the year prior to the end of each registration term. Failure to file such a statement will cause the registration to be canceled by the Trademark Office. . Guidelines Proper usage for trademarks and service marks to prevent genericide (ie., a mark becoming generic and, thus, ceasing to indicate source) includes: + Always use the mark as a proper adjective which modifies a noun, such as “CABBAGE PATCH KIDS" dolls, “LEVIS” jeans, “XEROX” photocopiers. * Never use a mark in the possessive form, in the plural form or as a verb. * Avoid prefixes, suffixes, additions or deletions of the mark.FY _A Text Book of PI ran "7 ‘+ Distinguish the mark in use from surrounding text such as with a distinctive type face, quotation marks, all capital letters or, at the very least, capitalize the first letter of each ‘word of the mark. «For marks registered in the US. Patent and Trademark Office, use the symbol “®” or the phrase “Registered in the U.S. Patent and Trademark Office” or “Reg. U.S. Pat. Tm. Off.” + For unregistered marks, use either the informal notice “™” for trademarks or “SM” for service marks, or a legend linked by an asterisk to the mark, indicating "A trademark/service mark of XYZ Company.” 10.2.4 PATENT A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public ina patent application. Inventions Patentable For any asset or an invention to qualify for a patent, it must meet three basic requirements: + Itmust be novel and one of its kind. This means that the particular invention must be new and there should not be any existential trace of it Tt must be unique in itself. An improvement in the current technology by an individual ‘cannot be patented It must be useful. It should add value to the life of the common man, and it must not benefit or support the use of legal things or must not be used for any immoral purpose Some types of inventions (or discoveries) lke Isaac Newton's law of gravity or Albert Einsteins formula for relativity do not qualify to for this. Simply put, no one can obtain a patent on a law of nature or any scientific principle. Inventions Non-patentable Even though the idea ofa patent is to safeguard the maker's creation, do not qualify for this according to the Indian law (section 3 and § of | Any method of agriculture or horticulture © Any process under the bracket of medicinal, s human being, animals or plants there are certain things that Indian Patents Act, 1970): * An upgrade or discovery of anything that relates to atomic energy * Discovery of unique machine, apparatus or a process Benefits of getting a patent © Prevents theft of your invention + The freedom of exclusivitytual Property = Fasy to build a merchandise and commercialize ean ek «Higher market share since your idea becomes a brand «More monetary value and higher profit margins Although the entire process of filing a patent is long and complex, one must remember the importance it has. With digital advancements, it is probable that the process might get simplified and easy. Having a patent in place ensures that no individual can claim rights over your invention. If at all there happens to be an infringement, you can take help from legal bodies and avoid the problems that can prove to be a hurdle in your growth. 10.2.4.1 Process of filling appli tion for patent You can choose to apply for a patent all by yourself or take help from registered agents. When it comes to the cost of getting a patent, the following two elements come into the picture: © Government fees for forms and renewals © Ifyou choose to have an agent, then the charges for the professional It is always recommended to get a patent through a registered agent. Here are the steps required to apply for a patent: Step 01: Invention disclosure The first step is to disclose your invention to the professional. This is done by signing a non- disclosure agreement. Pro-tip: It is recommended to submit each known fact about your invention. Do not hold anything back. Step 02: Patentability search Usually, a professional charge a fee (approx. INR 10,000 to INR 20,000) at this step. At this stage, your professional performs extensive research for prior evidence in all the possible databases. Further, he or she builds a patentability search report based on your invention. Step 03: Decision to file an application for patent This is where the actual process begins. After detailed research about (any) existing history of your invention, you can decide if you want to go ahead with the patent application filing. Please note: Your invention must have an ‘inventive step’ as compared with existing prior art pieces to qualify for a patent. It must have either ‘technical advanced’ or ‘economically significant’ or both, over any existing piece of arts. The step where you decide to go ahead with the filing process by writing an application is called patent drafting.136 RUEOUC Lae IRIE Step 04: Patent drafting You can choose to draft the application on your own or take a professional's help to do this. If you choose to take help, you might have to pay somewhere around INR 20,000 to INR 30,000. Please note: This is one of the most crucial steps of the entire process. It requires both technical and legal understanding. If not drafted the right way, all the efforts you out in gets wasted. Hence, it’s a good idea to take professional help here. ‘Step 05: Filing the patent application After you are done with a review of your patent draft and are satisfied with the scope and details, you are ready to file for a patent. You can file the patent application in a prescribed manner with appropriate forms with fees. You need to pay fees of INR 1,600 or 4,000 or 8,000 (based on the type of application) while submitting the patent application in the patent office. If you do not file a request for early publication, the patent application will be published on expiry of 18 months. Step 06: Request for examination This is the step where the applicant is required to request the Indian patent office to examine your patent application, within 48 hours. Request for examination fees ranges from INR 4,000 to INR 20,000 (based on the type of applicant). Step 07: Responding to objections (if any) The draft and the report submitted to the officers in the patent office are thoroughly examined at this step. At this step, there is a chance for the inventor to communicate his novelty or inventive step over any other piece of art found during the assessment. If all the things are well clarified and solved, the patent application is almost ready to come to action. Step 08: Grant of patent If the application meets all the prescribed requirements, it is placed in order for the grant. Usually, the final grant of the application is notified through a journal that is published tep 09: Renewal of your patent Usually, a patent is in force for 20 years. On completion of 20 years, the owner is required to rene’ the patent by paying a small fee. 10.3 TYPES C ATENT APPLICATION The types of patent application are: * Provisional Application Ordinary or Non-Provisional Application Convention Application PCT International Application PCT National Phase ApplicationI ea ty 137 « Patent of Addition + Divisional Application provisional Application A provisional application, also known as a temporary application, is filed when an invention is, under experimentation and isn’t finalized. Moreover, it is a preliminary application which is filed before the patent office for claiming priority, as the Indian Patent Office follows the ‘First to File’ system (known popularly as the First Come-First-Served-Basis). In technical terms, early filing of an invention will prevent the occurrence of any other related inventions from being designated as prior art to the inventor’s application. To add more, this type of patent application is filed when an invention requires additional time for development. If an application is supported by a provisional specification, the applicant is necessitated to file a complete specification within twelve months from the date of filing a provisional application. A failure in this part would render the application void. ‘An application for this purpose must include a brief explanation of the invention and must be drafted in a meticulous manner so as to ensure that the priority rights are secured for the invention. Ordinary or Non-Provisional Application This type of application is filed if the applicant doesn’t have any priority to claim or if the application is not filed in pursuance of any preceding convention application. It must be supported by a complete specification, the likes of which must depict the invention in detail. Complete specification can be filed through: Direct Filing wherein complete specification is initially filed with the Indian Patent Office without filing any corresponding provisional specification. Subsequent Filing — wherein complete specification is filed subsequent to the filing of the corresponding provisional specification and claiming priority from the filed provisional specification. A complete specification entails the following: « Title * A preamble to the invention. * The technical field of the invention. * Background of the invention. © Objects of the invention. © Statement of the invention. ‘+ Abrief description of the drawings * A detailed description of the invention,= Computer System Validabion Cosv) wcsv ts the process of enguring ‘thal any fecknolgy (oa CPoftuoare ov havelioere) % Patf Ulery he purpose tn line with He regulatory requremenk if +1 38 applicable do sof fioore ord 29 froducleen , manufechsriny , feshing and Sef troare urecl au. componente 9n medical olewicer , -fo Soffusare -thak __tteet a meckical cleviee, + Gmbpuler syslerm vred to creak, modify ard mainksin elechonic vecorele and +e marage elechonic a hur’ : 9° ; Benefits. “Decreare He feu lure rales. increase vseabiihy “Decrease the recalle and ecrvechve achent. sheet Fick ty fal€en} and esers Cav % debenden!_on the complesity of the prefect . “Mt can fpe_tnbo allowing proeuster oe © Qualihy plonning 2) Deter srequa rernen shee: Reok2en suEEEeS DDestqn and devetdment of golteare ax bev ORs. 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