![PATENT AND COPYRIGHTS
GUIDED BY:
DEVANSHI H. RAMI
ASSISTANT PROFESSOR
M.PHARM
submitted BY:
RUPALI C. RAVAL
M.SC CHEMISTRY [PHARMACEUTICAL
ANALYSIS]
SEMESTER 1
SHREE S.K.PATEL COLLEGE OF PHARMACEUTICAL EDUCATION & RESEARCH
GANPAT UNIVERSITY,MAHESANA- GOJARIA HIGHWAY,GANPAT VIDYANAGAR-384012
GUJRAT,INDIA
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Patent and copyrights
- 1. PATENT AND COPYRIGHTS GUIDED BY: DEVANSHI H. RAMI ASSISTANT PROFESSOR M.PHARM submitted BY: RUPALI C. RAVAL M.SC CHEMISTRY [PHARMACEUTICAL ANALYSIS] SEMESTER 1 SHREE S.K.PATEL COLLEGE OF PHARMACEUTICAL EDUCATION & RESEARCH GANPAT UNIVERSITY,MAHESANA- GOJARIA HIGHWAY,GANPAT VIDYANAGAR-384012 GUJRAT,INDIA A seminar on
- 2. ֍ What is PATENT ? ֍ Advantages & Types of PATENTING ֍ Section 3 under PATENT ACT,1970 covering pharmaceutical patent ֍ Filing of patent application with INDIAN PATENT OFFICE ֍ Patent facilitator centres in India ֍ It’s impact on pharmaceutical industry ֍ general guidelines for prior art search and drafting COPYRIGHTSPATENT COPYRIGHTS ֍ Introduction ֍ Condition for COPYRIGHT ֍ Rights under COPYRIGHT LAW ֍ Protected and not protected by Copyrights ֍ Copyrights in INTERNATIONAL and in INDIAN CONTEXT ֍ Copyright Registration ֍ Term of Copyright ֍ Copyright Expires
- 3. ESSENTIAL OF PATENT Patents granted for an invention means a product or process which is NEW, NON-OBVIOUS, UTILITY Capable of industrial application Design by Thomas Jefferson in 1790 It is intellectual property right provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others from importing the patented product or process producing that product for those purposes. PATENT ADMINISTRATION OF INDIA FOUR BRANCHES Kolkata ( Head office) Mumbai Delhi Chennai TYPES OF APPLICATION Ordinary Application Convention Application Patent of Addition Application Divisional Application PCT Application WHAT IS PATENT ?
- 4. In Encourage innovation Incentives to individual Inspiration for the future generation Gets the benefit of the research Patented products useful to a number of people become available to the public ADVANTAGES OF PATENTING Types of patenting Utility Patents Design Patents Plants Patents
- 5. The first congress adopted a Patent Act in 1790 in the US The first Patent was issued under this Act on July 1790; to Samuel Hopkins of Vermont for a Potash production technique The first legislation in INDIA relating to Patent was the Act of 1856 In 1888 new legislation was introduced PATENT ACT 1970 SECTION 3: NON PATENTABLE INVENTIONS Contrary to public order The mere discovery of a scientific principle Obtained by a mere admixture Method of agriculture or horticulture Surgical technique for hand surgery Living thing and non-living things occurring in nature Mathematical and business methods MARKUSH CLAIM & TK (TRADITIONAL KNOWLEDGE)
- 6. FILLING OF PATENT APPLICATION WITH INDIAN PATENT OFFICE Covering indicating the list of documents Application for grant of Patent in form 1 Complete specification in form 2, comprising ~ Description ~ Claims ~ Drawing ~ Abstract Statement and undertaking in form 3 Power of Attorney in for 26 (in original) Declaration of inventorship in form 5 Certified true copy of the priority document Requisite statutory fees A. Filing B. Publication C. Examination D. Opposition E. Grant
- 7. Technology information, forecasting & Assessment Council (TIFAC), New Delhi Intellectual Property Management (IPM) Division, CSIR, New Delhi National Research Development Corporation (NRDC), New Delhi Patent Information System (PIS), Nagpur National Information Centre, New Delhi
- 8. GROWTH OF PHARMA. INDUSTRIES COMPETITION FROM MNCs MORE RESOURCES WOULD BE DEVOTED LITIGATION TO BASIC RESEARCH PRICE RISE GLOBAL RESEARCH INDUSTRY OUT SOURCE
- 9. GUIDELINE FOR PRIOR ART SEARCH TKLD search ; Name searching using IUPAC nomenclature and INN ; Compound searching using CAS registry Numbers ; Search using International Patent Classification (IPC) ; Molecular formula and structural formula searching . WHILE DRAFTING A PHARMACY PATENT Focus on the inventive step Inherent anticipation – Clarity between prior art and invention Apply MARKUSH CLAIM in broad way Identifying product by process claim in chemistry
- 10. A copyright is an author’s legal ownership of a creative work. Ex., writing, pictorial work, a three dimensional sculptural work, a musical composition CONDITIONS FOR COPYRIGHT MUST BE ORIGINAL WORK : Authorship can’t simply be copied or reproduce from another author MUST BE FIXED IN A TANGIBLE MEDIUM : Cannot reside in the author’s mind, but must be transfer onto medium, such as a writing, a sculpture , a musical work, etc .
- 11. RIGHTS UNDER COPYRIGHT LAW 1. To reproduce or copy the work 2. To prepare derivative works 3. To distribute copies to the public; 4. To perform in public 5. The right to display the work in public
- 12. PROTECTED BY COPYRIGHT Original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduce, or otherwise communicated, either directly or with the aid of a machine or device. PROTACTABLE WORKS Literary works and computer programs Blueprints Fictitious characters Graphic work Sound recordings Compilation Copyrights in useful article Architectural works Derivative works
- 13. NOT PROTECTED BY COPYRIGHT Ideas are not protected Facts and research results Works without original authorship Government works created by the government These are not proper for copyright protection, but rather should be protected via the patent system .
- 14. COPYRIGHT- IN INTERNATIONAL CONTEXT Berne convention (1886) Copyright in 1847 was passed by the Governor Universal Copyright Convention (UCC) General of India (1952) Paris revision in 1971 In 1911 the law of copyright was codified in World Intellectual Property Organization England (WIPO) The governor General of India enacted the Indian Copyright Act of 1914 to make some modification to the whole of the 1911 Act. Copyright Act 1914 was again modified after independence which is force even today was passed in Indian Parliament in1957. COPYRIGHT-IN INDIAN CONTEXT
- 15. COPYRIGHT REGISTRATION Copyright is automatic; registration is not required. However , registration puts the world on notice and provides the author with additional rights in infringement litigation. Registration is recorded by the Copyright Office of the National Library of Congress
- 16. When copyright has expired anyone can use the material without infringing copyright. Copyright can not be renewed.