Ipr and patent
Download as PPTX, PDF4 likes973 views
The document discusses intellectual property rights (IPR) and patents. It begins by defining IPR and the different types, including industrial property and copyright. It then focuses on patents, defining them as exclusive rights granted for an invention. Key requirements for a patentable invention are outlined, such as novelty, inventive step, and industrial applicability. The different types of patent applications are described. The process for granting a patent is summarized, including examination and opposition periods. Infringement, penalties, and compulsory licensing are also covered. A case study on a patent dispute between Roche and Cipla over the cancer drug Tarceva is provided, with Cipla ultimately winning. The importance of IPR protection for encouraging innovation
![1/7/2015 BVDU 33
The judgment deals with two key issues:
[1] Whether the manufacture of Erlocip
infringes Roche's IN '774 patent and
[2] Whether Roche's IN '774 patent ought to be
revoked as being invalid.](https://image.slidesharecdn.com/iprandpatentsunish-150107073819-conversion-gate01/85/Ipr-and-patent-33-320.jpg)
Ipr and patent
- 1. IPR AND PATENT Presenter Mr Sunish sudhir Jagtap Guide Dr L .Sathiyanarayanan BVDU 11/7/2015
- 2. INTELLECTUAL PROPERTY RIGHTS Property desingnates to those things which are commonly recognised as being the possessions of an individual or group…. In easy language we can say that any object (house,car,other investements) which belongs to you means owned by a person and only belongs to him only….. BVDU 21/7/2015
- 3. Property Tangible(physic al) land,house,building Intangible i.E cannot be felt physically Ex .intellectual property. Copright on a book/article,logo readydesign.jpg representening a company /and its products1/7/2015 BVDU 3
- 4. CONCE PTRights given to the people over the creation of their minds …They usually give the creator an exclusive right over the use of his her creations for a certain period of time… x z 1/7/2015 BVDU 4
- 5. Now again IPR is classified in two parts…. 1/7/2015 BVDU 5 IPR Industrial property Copyright
- 6. 1/7/2015 BVDU 6 INDUSTRIAL PROPERTY- An industrial property having direct relation to industries is called industrial property…. Patents and invention trademarks Industrial designs Geographical indications
- 7. COPYRI GHT Relates to artistic creations 1/7/2015 BVDU 7 poemsNovels,cinema tographic work Music,painting
- 8. A closely associated field is related rights/rights related to copyright . PERFORMERS PRODUCERS OF BROADCASTING ORGANIZATION (ACTORS) PHONOGRAMES(DISC) IN RADIO AND 1/7/2015 BVDU 8 BENEFICIARIES
- 9. DURATION OF INTELLECTUAL PROPERTY 1/7/2015 BVDU 9
- 10. MAIN FIELDS OF APPLICATION OF IPR 1/7/2015 BVDU 10
- 11. 1/7/2015 BVDU 11
- 13. WHAT IS PATENT??????? Patent is a grant for invention by government to the inventor in exange for full disclosure of the Invention. It is also defined as “Exclusive right granted by law to applicants /assignees to make use of inventions for a limited period of time (20 years from filling). 1/7/2015 BVDU 13
- 14. WHAT CAN BE PATENTED??? Any invention which can be a product or process that provides a new way of doing Something or offers a new technical solution to something. What cannot be patented… Any inventions falling within section 20(1) of the atomic energy act .1962… (1) As from the commencement of this Act, no patents shall be granted for inventions which in the opinion of the Central Government are useful for or relate to the production, control, use or disposal of atomic energy or the prospecting, mining, extraction, production, physical and chemical treatment, fabrication, enrichment, canning or use of any prescribed substance or radioactive substance or the ensuring of safety in atomic1/7/2015 BVDU 14
- 15. ‘INVENTION’ UNDER PATENT LAW Sec 2(1) of the patent act ,1970 invention means a new product for process involving an inventive Step and capable of industrial application and capable of industrial application. Patentable invention- It should meet the following requirement 1/7/2015 BVDU 15 criteri a novel ty Inventive step Industrial applicability
- 16. novelty : the mater disclosed in the specification is not published in india or elsewere before the date of filling of the patent application. Inventive step The invention is not obvious to a person skilled in the art in the light of the prior publication /knowledge /document . Industrial applicability: invention should possess utility ,so that it canbe made or used in an industry. 1/7/2015 BVDU: 16
- 17. Types of patent application… 1/7/2015 BVDU 17 Patent application Ordinary application Devisional application International application Convention application
- 18. 1)Ordinary application- general application given for the patent 2)Patent of addition-: Granted for improvement of modification of the already patented invention.for an unexpired term of the main patent. 3)Divisional application:Incase of plurality of inventions disclosed in main application. 4)Convention application: Claiming priority date on the basis of filling in convention countries. 5)International application : Filling in all designated countries. 1/7/2015 BVDU 18
- 19. WHO CAN APPLY FOR PATENT? 1/7/2015 BVDU 19 ALONE JOINTLY WITH ASSIGNEE/LEGAL REPRESENTATIVE OF ANY DECEASED INVENTOR OR HIS ASSIGNEE
- 20. ESSENTIAL DOCUMENTS WITH PATENT APPLICATION- A)PROVISIONAL SPECIFICATION:filed when the invention delay is expected in submitting full and specific description of invention It is followed by complete specification,complete specification is submitted within 12 months of filing provisional specification. B)COMPLETE SPECIFICATION: Title of invention, Field of invention, Background of invention with regard to the drawback associated with known art. Objective of invention Statement of invention 1/7/2015 BVDU 20
- 21. Summary of invention Brief discussion of the invention Detailed description of invention with examples /drawing Claims Abstract 1/7/2015 BVDU 21
- 22. Grant of patent: 1/7/2015 BVDU 22 Examiner determines the procedural validity and compliance Controller makes allotement of the application to the examiner Application is filed with one of the patent offices
- 23. First examination report in 18-24 months Prior art search covering publicatioin india and abroad Examination of patent application 1/7/2015 BVDU 23
- 24. Section 24 allows for opposition of any member of public If requirements are complied with ,the claims of patent are published in gazette of the patent office..takes 6 months Objection/adverse report if any of the examiner is to be communicated to the applicant for compliance 1/7/2015 BVDU 24
- 25. Controller shall seal the patent with seal of patent office and date of sealing After accepting the complete specification the patent is granted to the applicant If the applicant overcomes the oppositions and the examiner accepts the submitted complete specification by advertisimg in official gazzet 1/7/2015 BVDU 25
- 26. 1/7/2015 BVDU 26 Any person intended can oppose the grant of patent within 6 months from the date of publication in official journal Why he is opposing? If patent wrongfully obtained Invention is obvious to person skilled Claims do not relate to an invention, Best made is not disclosed
- 27. 1/7/2015 BVDU 27 Patent infringement: infringement occurs when: Manufacturer ,sale, or import of a patented invention,without permission from patent owner
- 29. 1/7/2015 BVDU 29
- 30. 1/7/2015 BVDU 30 Compulsory licenses- allow govt to license third parties (other than patent holder)to produce and market a patented product or process or process without the consent of patent owners. Any time after 3 years from date of sealing of a patent ,application for compulsory license can be made.
- 31. Compulsory licenses are granted because: Reasonable requirments of public have not been sastisfied….. Patented invention is not availaible to the public at affordable price Or patented invention is not worked in india. Section 92A of patents act ,1970 provides for compulsory licensing of patents relating to manufacture of pharmaceutical products for export. 1/7/2015 BVDU 31
- 32. CASE STUDY :INDIA: THE ‘TARCEVA’ PATENT CASE Last Updated: 21 November 2012 Article by Kamakhya Srivastava Roche vs. Cipla marks the end of the first phase of a key battle between big pharma and the Indian generic industry. The infringement action brought by Roche against Cipla and Cipla's counterclaim for Roche's patent invalidity was both dismissed. Roche was granted Indian Patent No. IN '774 in February 2007, under which per Claim 1, they had patent rights over the Erlotinib Hydrochloride (EH) molecule (which has demonstrated breakthrough capabilities as an Epidermal Growth Factor Receptor (EGFR) inhibitor which spiked survival benefit in non-small cell lung cancer (NSLC) patients). Based on media reports declaring Cipla's intention to launch a generic version of Roche's drug in January 2008, Roche moved the Delhi High Court seeking to injunct Cipla from marketing Erlocip. Cipla counterclaimed, arguing that Roche's patent was invalid.1/7/2015 BVDU 32
- 33. 1/7/2015 BVDU 33 The judgment deals with two key issues: [1] Whether the manufacture of Erlocip infringes Roche's IN '774 patent and [2] Whether Roche's IN '774 patent ought to be revoked as being invalid.
- 34. 1/7/2015 BVDU 34 1. The manufacture, marketing and sale of Cipla's generic version of the Roche's patented product do not infringe Roche's Indian Patent 196774. 2. Roche's Indian Patent 196774 is valid against the grounds raised by Cipla in its written statement and counter-claim. 3. A permanent injunction is denied to Roche. 4. The counter-claim proves that Roche's subsequent US Patent 6900221 is directed at the compound of claim No.1 of the suit patent is a mixture of the two, Polymorph A and B Compound and need to be separated to perform and get the claimed compound for acceptable efficacy.
- 35. CIPLA WON THE LANDMARK “ROCHE” VS CIPLA LITIGATION 1/7/2015 BVDU 35 Indian Generic manufacturer Cipla has won the landmark Roche v. Cipla Patent Infringement case in the Delhi High Court over Cipla’s Generic version of Anti-cancer Drug Erlotinib. The case is the first Patent Litigation in India post India’s 2005 Product Patent Regime which included public interest and pricing issues in addition to India’s Section 3d that prevents evergreening. The case was followed by Pharma Giants worldwide. Justice Manmohan Singh has passed the judgement in favour of Cipla stating that Cipla did not infringe Roche’s Indian patent IN 196774. According to the Judge, it was scientifically proven that Cipla’s Generic Drug is the Polymorphic Form B which is not Roche’s patented Drug.
- 36. THE LEGAL PROTECTION OF NEW CREATIONS IS NECESSARY BECAUSE IT ENCOURAGES INNOVATION. THE PROMOTION AND PROTECTION OF IP GIVES ECONOMIC GROWTH ,CREATES NEW JOBES AND INDUSTRIES,AND ENHANCES THE QUALITY AND ENJOYEMENT OF1/7/2015 BVDU 36
- 37. REFERNCES…. 1/7/2015 BVDU 37 1) www.caa.in/Image/34_hb_on_IPR.pdf - Adukia Rajkukumar S., Handbook of Intellectual Property Rights in India. 2) Dr. Kuchekar B. S., Khadtare A. M., Itkar Sachin C., ‘Forensic Pharmacy’, Eighth edition, Nirali Prakashan, Pg. no. 16.1-16.20. 3) Subbaram N. R., “What Everyone Should Know About Patents”, Second edition, Pg no. 1-16, 17-45, 77-84. 4) ipindia.nic.in 5) www.patentoffice.nic.in 6) ipr.icegate.gov.in
- 38. 1/7/2015 BVDU 38