Introduction to Intellectual Property and Patents

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Introduction to Intellectual Property (IP)
Topics

• What is IP
• Types of IPRs
• Patents
• Patentable Subject Matter
• Types of Patent

• Criteria for Patentability
• Copyrights
• Trademarks
• Geographical Indications
• Trade Secret

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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

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Types of Intellectual Property
I have an innovation .... How do I protect it in
the market ???

• 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.

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What is Protected Under What?
THE RING FENCE OF IP
Example 1 ALL IN ONE
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What is Protected Under What?
Example 2 ALL IN ONE

• 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

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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

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Whats 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

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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 ? X
Business Process O O X
Scheme, Rule, Mental Act, Method of Playing Game ? ? X
Integrated Circuit Topography ? ? X
Medical Treatment Procedure O X X
Pharmaceutical O O O
Man-made microorganism O O O
Biotechnology process O O O
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Patentable Subject Matter
Subject Matter US JP IN
Design O O O
Plants, Animals ? ? X
Works of Art X X X
Traditional Knowledge O O X
Method of Agriculture/Horticulture O O X
Atomic Energy ? ? X
Public Order/Morality O X X
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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

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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

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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.

Music, Compositions, signers, lyrics, etc.
Literary Works (e.g. books, novels, publications,
newspapers, brochures etc.)
Artistic Works (eg. Paintings, drawings, designs)
Software Codes
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Trademarks / Service Marks
Trademarks are signs used to identify goods
services. These are legally not linked to the
quality, but within a consumers 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
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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.

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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
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