Introduction to Intellectual Property and Patents
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This document provides an overview of intellectual property (IP) and the different types of intellectual property rights (IPRs). It discusses what IP is, the types of IPRs which include patents, copyrights, trademarks, geographical indications, and trade secrets. For patents specifically, it describes patentable subject matter and the criteria for patentability which includes novelty, non-obviousness, and industrial applicability. It also discusses the different types of patents, terms of protection, and rights that IP provides to creators and owners.
Introduction to Intellectual Property and Patents
- 1. TT Consultants 1 Introduction to Intellectual Property (IP) Consultants Applying Intelligence to IP – Globally TT Consultants Topics •What is IP •Types of IPRs •Patents •Patentable Subject Matter •Types of Patent •Criteria for Patentability •Copyrights •Trademarks •Geographical Indications •Trade Secret
- 2. TT Consultants 22 What Is Intellectual Property (IP)? Intellectual Property Rights (IPR) are the absolute rights over the creation of a mind. Creators have IP rights over their creation/work, such as inventions, lyrics of a song, photographs etc. without the need to observe any formalities, i.e. registration. Essentially, these are rights to stop others from copying or counterfeiting. IP is the property created by application of human mind. - Intangible (non-physical) in nature that derives value from ideas. - In knowledge age, IP is a key to techno-economic growth . - They are territorial in nature. Why Protect IP? Legal recognition to the ownership of new ideas, designs etc. Right to stop others from exploiting the owners property Commercialization: Enhance revenue and market domination IPR can be treated as a currency that can be sold or licensed to others, provided certain conditions are met Keeping away the competitors Encourage creativity and innovation
- 3. TT Consultants 33 Types of Intellectual Property Seven Kinds of Intellectual Property Patents Copyrights Trademarks and service marks Trade Secret Geographical Indication (GI) Industrial Designs Plant Varieties Like Real Property: - It can be bought, sold, licensed, exchanged, given away. - The owner can prevent unauthorized use and can take legal action, in case someone else uses it without permission. Types of IPR Patents Trademarks Copyrights Trade Secrets Geographical Indication Industrial Designs Plant Varieties
- 4. TT Consultants 44 What is Protected Under What? THE “RING FENCE” OF IP Brand/ Logo Bottle/ Can Design Ring-pull Cans Formula/ Recipe Image/ Content Trademark Example 1 – ALL IN ONE
- 5. TT Consultants 55 What is Protected Under What? For most products some form of intellectual property rights can be obtained Patent - For every individual improved mechanism Design - For outer shape and Contour/Configuration Trademark (denoted as ) - Brand name or Logo for goods Copyright (denoted as ©) - For Instruction / manual booklet Protection of Confidential Info/Trade secret - For Film Coating Process Example 2 – ALL IN ONE ®
- 6. TT Consultants 66 Patents Patent is - a grant of exclusive right - for an invention - by the Government - to the inventor - for limited period (20 years) - in exchange for full disclosure of invention - to prevent others from selling, making or using the invention
- 7. TT Consultants 77 What’s Patentable? The Supreme Court has said that patents cover “anything under the sun that is made by man”. Must fall within five Statutory Classes : • Processes • Machines • Manufactured items (objects made by humans or machines) • Compositions of matter, and • New uses of any of the above Non-Patentable Subject Matter • Any artistic creation • Mathematical formulae and algorithms • Naturally occurring organisms • Laws of nature • Abstract ideas • Natural phenomenon • Treatment process • Harmful inventions • Anything prohibited by the National Patent Laws
- 8. TT Consultants 88 Patentable Subject Matter Subject Matter US JP IN Method/Process O O O Apparatus/Machine/Product O O O Substance O O O Abstract Idea, Law of Nature, Algorithm X X X Software O Δ X Business Process O O X Scheme, Rule, Mental Act, Method of Playing Game Δ Δ X Integrated Circuit Topography Δ Δ X Medical Treatment Procedure O X X Pharmaceutical O O O Man-made microorganism O O O Biotechnology process O O O
- 9. TT Consultants 99 Patentable Subject Matter Subject Matter US JP IN Design O O O Plants, Animals Δ Δ X Works of Art X X X Traditional Knowledge O O X Method of Agriculture/Horticulture O O X Atomic Energy Δ Δ X Public Order/Morality O X X
- 10. TT Consultants 1010TT Consultants Pvt. Ltd Types of Patents Design Patent / Industrial Design • Ornamental design • Configuration • Improved decorative appearance • Shape of an invention Utility Patent • Any new invention • Functional improvements on existing inventions Plant Patent • New variety of asexually reproduced plant
- 11. TT Consultants 1111TT Consultants Pvt. Ltd Patentability Tests / Criteria Conditions for Patentability • Novelty (i.e. new) - Invention not known to public, prior to claim by inventor • Non-Obviousness (i.e. inventive step) - Invention would not be obvious to a person with ordinary skill in the art • Usefulness (i.e. industrial applicability) - Invention can be made or used in any useful, practical activity as distinct from purely intellectual or aesthetic one Patent Duration • Utility Patents : 20 years (from filing date) • Design Patents : 14 years (from issue date) • Plant Patents: 17 years • Patent cannot be renewed • Patent term can be adjusted for delay by patent office • After expiry, anyone can use the invention
- 12. TT Consultants 1212TT Consultants Pvt. Ltd Copyrights Copyrights are given over artistic works. It was realized that songs, lyrics, broadcasting rights, paintings and such work of art need protection. Copyrights are considered territorial rights, which means that they do not extend beyond the territory of a specific jurisdiction. Term: Generally expires 50 to 100 years after the author dies, depending on the jurisdiction. • For books and other works of arts it is 50 to 70 years after the death of the author (the laws of a country vary); • For photographic work 25 years from making the work; • For cinematic works 50 years after making the work available to public. Literary Works (e.g. books, novels, publications, newspapers, brochures etc.) Music, Compositions, signers, lyrics, etc. Software Codes Artistic Works (eg. Paintings, drawings, designs)
- 13. TT Consultants 1313TT Consultants Pvt. Ltd Trademarks / Service Marks Trademarks are signs used to identify goods & services. These are legally not linked to the quality, but within a consumer’s mind these are linked to quality expectation. Service marks are the type of the trademarks pertaining to the services. Kinds of Sign used: - a word (e.g. Kodak) - combination of words (e.g. Coca-Cola) - letters & abbreviations (e.g. BMW, IBM) - drawings (e.g. logo of a company) - 3D signs (e.g. shape & packaging of goods) Period of protection: - varies (usually 10 years) - can be renewed indefinitely Need for trademark: - Protect against unfair competition - Avoids confusion among consumers Unregistered Trademarks Unregistered Service mark Registered trademark
- 14. TT Consultants 1414TT Consultants Pvt. Ltd Geographical Indication (GI) Sign used on goods to show: • product originates in a given geographical area • possess qualities due to that place of origin • Example: Swiss (watches), Darjeeling (tea) Need for Geographical Indications: • Denote origin & quality of product Term/Duration: • The registration of a Geographical Indication is for a period of ten years. • Renewal is possible for further periods of 10 years. Examples of Geographical Indications in India are Darjeeling Tea, Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, etc.
- 15. TT Consultants 1515TT Consultants Pvt. Ltd Trade Secret Some inventions, data, information cannot be protected by any of the available means of IPRs. Such information is held confidential as a trade secret. Trade secret can be an invention, idea, survey method, manufacturing process, experiment results, chemical formula, recipe, financial strategy, client database etc. When are Trade Secrets preferred? - When invention is not patentable; - Patent protection is limited to 20 years, when secret can be kept beyond that period; - When cost of patent protection are prohibitive; - When it is difficult to reverse engineer How to Guard a Trade Secret? - Restricting number of people having access to secret information - Signing confidentiality agreements with business partners and employees - Using protective techniques like digital data security tools and restricting entry into area where trade secret is worked or held. - National legislations provide protection in form of injunction and damages if secret information is illegally acquired or used. The best kept secret till date
- 16. TT Consultants 16 Consultants Applying Intelligence to IP – Globally Corporate Headquarters Chandigarh, India Office 8, Tower B, 3rd Floor, DLF Building, Rajiv Gandhi IT Park, Chandigarh-India-160101. Other Location Gurgaon (India) Unit number 252, 2nd floor ,Tower B2, Spaze I-Tech Park, Sector 49, Sohna Road, Gurgaon – 122002 +1.347.284.6413 (Mobile) +91-9876667711 (Mobile) Email: j.talwar@ttconsultants.com Other Offices Tainan, Taiwan (Branch Office) Room 410, Technology Transfer & Business Incubation Center, National Cheng Kung University, No. 1 University Road, Tainan City 701 Hsinchu, Taiwan Si-Soft Research Center, 1A2, Lising 1st Road, Hsinchu City Washington, DC (Sales & Marketing Office) 1701, Pennsylvania Avenue, NW, Washington DC. 20006 +1- (202)-370-6471 I n d i a | U S | Ta i w a n Visit: http://ttconsultants.com/