INTELLECTUAL
PROPERTY RIGHTS -
PATENTS
Presented by
Diyashree Karmakar (10BB24A38010)
INTRODUCTION TO IPRs AND ITS IMPORTANCE
Intellectual Property Rights (IPRs) are legal
WIPO, a UN agency,
protections for the creations of the mind, such as
coordinates global IP
inventions, designs, and artistic works.
laws to protect and
promote IPR across
Key Benefits of IPRs in Business & Economy:
borders, making it
Protects creators and encourages innovation
easier to apply for
Consumer protection
protections
Protects cultural heritage Copyrig
internationally.
Generates revenue ht
Global trade In India:
The Patents Act,
Tradema
Designs
Importance of IPRs in Research Field: Type 1970 (amended in
rk
Secures funding s of 2005)
Recognition and credit IPRs
The Copyright Act,
Prevents misuse 1957
Data and publication rights
Patents The Trade Marks
Act, 1999
The Designs Act,
INTRODUCTION TO PATENTS
Patent: A legal right granted to an inventor, Process Patent vs. Product Patent
providing exclusive rights to make, use, or sell an Definition: A patent Definition: A patent
invention for a specific period. granted for the granted for a tangible
method or process product or invention
Significance: used to create a itself, regardless of the
Protects inventions product or carry out a process used to create
Encourages innovation specific function. it.
Facilitates commercialization Protection: Protects Protection: Protects
the process or the actual product,
Promotes knowledge sharing
method, not the final giving exclusive rights
product itself. to the inventor to
Major Patent Offices/Databases: Examples: produce, use, and sell
United States Patent and Trademark Office (USPTO) has patented the that specific item.
European Patent Office (EPO) process of preparing Examples:
Japan Patent Office (JPO) and carbonating its holds product
China National Intellectual Property Administration soda beverages, patents for the
(CNIPA) including the mixing of design of the iPhone,
Indian Patent Office (IPO) ingredients and including its unique
Espacenet (European Patent Office’s Database) carbonation method. physical features, such
holds as the touch-screen
process patents for the interface and the
PATENTABLE VS. NON-PATENTABLE MATTERS
Key Criteria for Patentability:
Novelty: The invention must be new and not previously disclosed to the public.
Inventive Step: The invention must involve an inventive or non-obvious improvement over existing knowledge.
Industrial Applicability: The invention must be capable of being made or used in any kind of industry.
Utility: The invention must have a specific, practical purpose or use.
Examples: A new drug formulation, a novel algorithm for data processing, a new type of engine with improved efficiency etc.
Non-patentable Matters:
× Abstract Ideas: Mathematical methods, algorithms, and scientific theories are not patentable because they are considered
abstract concepts, unless they are applied in a practical or technical context.
× Scientific Discoveries and Natural Phenomena: Laws of nature, natural phenomena, and scientific discoveries are not
patentable, as they are not considered inventions but rather observations of the natural world.
× Inventions Contrary to Public Order or Morality: Inventions that are immoral or that could harm public order or health
are excluded from patentability. This includes inventions that could cause environmental damage or violate ethical standards.
× Diseases and Medical Conditions: The diagnosis, treatment, or prevention of diseases cannot be patented unless the
process involves a specific and novel technical application (e.g., pharmaceutical compositions, medical devices).
× Inventions Without Industrial Applicability: An invention must have a practical, industrial application to be patentable.
If it cannot be used or made in any type of industry, it is not eligible for a patent.
× Mental Processes and Abstract Theories: Mental acts or cognitive processes that are carried out in the human mind,
without any physical manifestation or technical application, are not patentable.
STEPS TO FILE A PATENT
Step 1: Conduct a Prior Art Search
• Check if your invention is novel using patent databases (e.g., Google Patents, Espacenet).
• Ensure it meets criteria like novelty, inventive step, and industrial applicability.
Step 2: Document Your Invention
• Write a detailed description, including the problem solved, technical details, and diagrams/drawings.
• Clearly define the claims outlining what you want to protect.
Step 3: Decide the Type of Patent Application
• Provisional Application: Secure a filing date for unfinished inventions.
• Complete Application: For final and full disclosure.
• PCT Application: For international patent protection.
Step 4: File the Patent Application
• Submit the application electronically or in person to the respective patent office (e.g., USPTO, EPO, IP India).
• Pay the required filing fee.
Step 5: Patent Examination
• Wait for the patent office to examine your application.
• Respond to any objections or queries and revise claims if needed.
Step 6: Publication of the Patent
• Approved patents are published in the official patent gazette.
• Once granted, the patent provides exclusive rights for up to 20 years.
Step 7: Maintain Your Patent
• Pay annual maintenance fees to keep the patent active.
• Monitor and enforce your rights to prevent infringement.
CSIR & ITS PATENTS STRENGTH
The Council of Scientific and Industrial Research (CSIR) is a leader in filing and securing patents
worldwide. Here are some of the strengths of CSIR's patent portfolio:
Number of patents: CSIR has over 3,200 active patents, including 1,132 unique patents in force in
India and 2,587 in force patents granted abroad.
Areas of focus: CSIR has created IP portfolios in many areas, including drugs and pharmaceuticals,
food products, leather, optical fiber, and biotechnology.
Patents commercialized: CSIR has commercialized 140 of its patents.
Awards: CSIR was awarded the National Intellectual Property (IP) Award in 2018 for being a top R&D
institution for patents and commercialization.
CONCLUSION
In conclusion, patents play a vital role in driving innovation by protecting inventions and
providing exclusive rights to creators. They encourage research and development,
prevent misuse of intellectual property, and contribute to economic growth by fostering
industrial advancements and global trade. By securing inventions, patents not only
benefit creators but also ensure societal progress through the promotion of novel
solutions and technologies.
REFERENCES
1. https://www.wipo.int/web/pat
ents
.
2. https://www.wipo.int/edocs/
mdocs/pct/en/wipo_pct_dae_
17/wipo_pct_dae_17_cs_10.p
df
THANK YOU
.
3. https://ipindia.gov.in/patents.
htm
.
4. https://iprsearch.ipindia.gov.i
n/publicsearch
