BEL ppt

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PATENT

MADE BY:NEERAJ AGRAWAL

SUMIT RATNANIADITYA BHATIARAVI PRAKASH

SANKET KHURANAKUNAL KAUSHAL

Amity Business SchoolWHAT IS AN IPR???

Intellectual property (IP) is a term referring to a number of distinct types of legal monopolies over creations of the mind, both artistic and commercial and the corresponding fields of law.

Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols and designs.

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When protecting IP there are many decisions to be made: • Why to protect• How to protect• Where to protect

The choice depends on:• Type of technology, and competitive environment• Economic life of the technology• Corporate strategy & philosophy

WHY WE NEED IPR???

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• Downloading pirated songs from the internet is cool. But the pirates and the slack law enforcement made IPR required.

• You invented a device that can reduce fuel consumption in diesels by 35 percent and you're selling it for a few bucks because you don't have a wide marketing network, or you don't have the capacity for mass production. Then, a few months later, your device, with a slightly revised design and exterior, is patented by someone who is selling it a handsome price, with no mention of you. How would you feel?

THAT’S WHY WE NEED AN IPR

Amity Business SchoolTYPES OF IPR

PATENTS ACT, 1970 (AMENDED In 2004) : A set of exclusive rights granted by a state (National Government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention.

COPYRIGHTS ACT, 1957 (AMENDED In 1999): Is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work.

TRADEMARKS ACT, 1999: Is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

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DESIGNS ACT, 1999: Design has now been defined as only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or 3D or in both forms.

GEOGRAPHICAL INDICATIONS ACT, 1999: Of Goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that produce

Amity Business SchoolPATENTA Patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention.

The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must be new, inventive, and useful or industrially applicable. In many countries, certain subject areas are excluded from patents, such as business methods and mental acts. The exclusive right granted to a patentee in most countries is the right to prevent or exclude others from making, using, selling, offering to sell or importing the invention.

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• Patents can protect ideas, not just expression of ideas.

• Not all ideas are patentable , subject matters an invention must be patentable.

• An invention must be novel and not obvious.

• It cannot be known or deduced directly from prior art.

• An invention must be useful – knowledge itself cannot be patented .

• A patent must enable others to use the invention.

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REQUIREMENT OF PATENT

NEW: that no other inventor has obtained a patent for the same invention.

NON-OBVIOUS: that the subject matter of an invention was not obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.

USEFUL: that the machine, product, or process is one that can be used in industry or commerce.

Amity Business SchoolTYPES OF PATENT

• PRODUCT PATENTA product patent means the grant of a monopoly right to produce that product which necessarily means preventing any other person from producing the same product, whether improved or otherwise, even by adopting a different or new process, for the period of patent.

• PROCESS PATENTIf the result of new process is a new article or a better article or a cheaper article than that produced by an old method, the process is patentable & is called as process patent. In other words, a new and alternative method of arriving at the same result, irrespective of whether that result is better or cheaper, is patentable.

Amity Business SchoolPATENT IN INDIA

• Governed by The Patents Act, 1970 & The Patents Rules 1972.

• India is member of the following international treaties governing patents:– Convention establishing World Intellectual Property

Organization (WIPO)– Trips Agreement under the World Trade Organization.– Paris Convention for the protection of Industrial

Property with effect from Dec. 7, 1998.– Patent Cooperation Treaty (PCT) with effective from Dec.

7, 1998.

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PROCEDURES FOR GRANT OF PATENT

• PUBLICATION OF APPLICATION

• EXAMINATION OF APPLICATION

• SEARCH OF APPLICATION

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STAGES - FILING TO GRANT OF PATENT

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

Revocation/Amendment

OPPOSITION

• PROMPTLY AFTER 18 MONTHS FROM P.D.

• WITHIN 48 MONTHS FROM F.D.

• ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS

• IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS

• WITHIN 12 MONTHS

FILING OF APPLICATIONPROVNL. / COMPLETE

Decision of Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board

Amity Business SchoolPATENT IN FOREIGN

Amity Business SchoolPATENT APPLICATIONS

• Patent rights do not arise automatically .

• Must obtain approval from a governmental patent examiner .

• Patent application process is costly, time consuming and requires skills.

• Patent subsist for a defined term and after that the invention falls into the public domain and may be freely used by anyone.

• Currently, Canadian, as well U.S. patents extend for a 20 years from the application filing date.

Amity Business SchoolCASE STUDY • Case study based on Novartis A.G

• In November 2003, The Controller General of Patents & Trademarks of India granted exclusive marketing right (EMR) of Glivec, the blood cancer drug to Novartis A.G.

• EMR granted for a period of 5 years in expectation of the product patent regime that was due to be enacted in India by January 1, 2005.

• The EMR, which is the first such granted in the country, gave Novartis the right to be the only company that can produce and market the drug in India.

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• Once the generic manufacturers stopped producing Glivec, the price of the drug jumped from approximately Rs.10,000 for a month's.

• Indian drug companies went in appeal. They contended that Novartis had obtained a patent in the U.S. and Canada in respect of 'pyramadine derivatives and processes for preparation thereof‘.

• They argued that no patent was filed in India for imatinib mesylate. The EMR has been fiercely challenged in courts by generic producers of the drug on the grounds that the compound being a derivative of a molecule known prior to 1995 did not satisfy the novelty criterion in the Patents Act.

• In 2005, the patent act was amended. The Amendment Act 2005 granting product patent, provides that EMRs would either be replaced by patents (if granted) or cancelled (if patents were rejected).

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• By way of opposition, Cipla Limited along with other generic producers filed their representation under the Patents Act, 1970 sec. 25(1)

• Two issues will be argued– Whether the product applied for patents qualified to be an

invention– Whether the Patent Specification brought out any improvement

• The Assistant Controller held imatinib mesylate is already known from prior publications because the claims 6 to 23 of the US Patent claim a pharmaceutically acceptable salt of the base compound and the patent term extension certificate, specifically mentions imatinib mesylate as the product.

• On Aug 7 2007 the Madras HC dismissed the petition filed by the Swiss pharmacy.

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• On Aug 1 2007 Novartis filed an appeal in the Madras HC challenging IPAB s decision

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THANK YOU