Law relating to Intellectual property: Introduction – meaning of intellectual property, main forms of

IP, Copyright, Trademarks, Patents and Designs, Secrets; Law relating to Copyright in India including
Historical evolution of Copy Rights Act, 1957, Meaning of copyright – computer programs,
Ownership of copyrights and assignment, Criteria of infringement, Piracy in Internet – Remedies and
procedures in India; Law relating to Patents under Patents Act, 1970 including Concept and historical
perspective of patents law in India, Patentable inventions with special reference to biotechnology
products, Patent protection for computer programs, Process of obtaining patent – application,
examination, opposition and sealing of patents, Patent cooperation treaty and grounds for
opposition, Rights and obligations of patentee, Duration of patents – law and policy considerations,
Infringement and related remedies;

Law Relating to Intellectual Property (IP)

1. What is Intellectual Property (IP)?

Intellectual Property (IP) refers to creations of the human mind — inventions, literary and artistic
works, designs, symbols, names, and images — which are protected by law so that creators can earn
recognition or financial benefit from their innovations.

➡️ IP law ensures that creators' rights are protected against unauthorized use, copying, or
exploitation.

2. Main Types of Intellectual Property Rights (IPRs)

Type Description

Protection for original literary, artistic, musical, dramatic, and

Copyright
cinematographic works.

Protection for new inventions (products or processes that are novel,

Patent
useful, and non-obvious).

Protection for logos, brand names, symbols, sounds, or colors that

Trademark
distinguish goods/services.

Designs Protection for aesthetic aspects of articles (shapes, patterns, colors).

Protection for confidential business information (formulas, practices,

Trade Secrets
processes).

Geographical Indications Protection for products originating from specific geographical regions
(GI) (e.g., Darjeeling Tea).

Plant Varieties and

Protection of new plant varieties developed by breeders and farmers.
Farmers’ Rights

3. Key Legislations Governing IP in India

IP Category Governing Law

Copyright The Copyright Act, 1957 (amended in 2012)

Patent The Patents Act, 1970 (amended in 2005)

Trademark The Trademarks Act, 1999

Industrial Designs The Designs Act, 2000

The Geographical Indications of Goods (Registration and Protection)

Geographical Indications
Act, 1999

Semiconductor Integrated
The Semiconductor Integrated Circuits Layout-Design Act, 2000
Circuits

Plant Varieties The Protection of Plant Varieties and Farmers’ Rights Act, 2001

Protected through contractual obligations and common law

Trade Secrets
principles (no specific statute).

4. Important Features of Intellectual Property Law

 Exclusive Rights: IP owners have the right to use, sell, license, or transfer their creations.

 Time-Limited Protection: Most IP rights have a fixed term after which the work enters the
public domain.

 Registration: Certain IPs (like patents, trademarks, designs) require registration for
protection.

 Remedies for Infringement: IP laws provide remedies like injunctions, damages, account of
profits, and seizure of infringing goods.

 Global Treaties: IP laws are harmonized globally through agreements like:

o TRIPS Agreement (WTO)

o Paris Convention (for industrial property)

o Berne Convention (for copyright)

o Patent Cooperation Treaty (PCT) (for patents)

5. Detailed Overview of Major IPs

(i) Copyright

 Protects expression of ideas, not the idea itself.

 Valid for the lifetime of the author + 60 years after death.

  Covers books, films, music, software, photographs, etc.

(ii) Patent

 Protects novel, useful, and non-obvious inventions.

 Valid for 20 years from the date of filing.

 After expiry, invention enters the public domain.

(iii) Trademark

 Protects identifying signs that distinguish goods/services.

 Registration provides exclusive use.

 Initially valid for 10 years, renewable indefinitely.

(iv) Industrial Design

 Protects shape, configuration, pattern, ornamentation.

 Valid for 10 years (renewable for 5 more years).

(v) Geographical Indications (GI)

 Protects products with regional identity.

 GI registration is valid for 10 years, renewable indefinitely.

 Examples: Basmati Rice, Banarasi Sarees, Kanchipuram Silk.

(vi) Trade Secrets

 Protects confidential business information.

 No statutory duration; protection lasts as long as secrecy is maintained.

6. Remedies for IP Infringement

Type of Remedy Examples

Civil Remedies Injunctions, damages, account of profits, delivery of infringing goods.

Criminal Remedies Imprisonment, fines (especially in cases of piracy or counterfeiting).

Administrative Remedies Cancellation of IP registration, customs seizure of infringing goods.

7. International Organizations for IP

 World Intellectual Property Organization (WIPO) – UN agency that coordinates global IP

systems.

 World Trade Organization (WTO) – Administers the TRIPS Agreement.

  Office for Harmonization in the Internal Market (EUIPO) – For trademarks and designs in
Europe.

Introduction to Intellectual Property (IP)

1. Introduction and Meaning of Intellectual Property

Intellectual Property (IP) refers to creations of the human mind that have commercial value
and are protected by law to grant exclusive rights to the creator or owner.

It includes inventions, literary and artistic works, designs, symbols, names, and images used in
commerce.
➡️ IP allows creators to control and benefit financially from their work, encouraging
innovation, creativity, and economic growth.

Definition (Simple):

Intellectual Property is the legal recognition of rights over creations of the mind.

2. Main Forms of Intellectual Property (IP)

Form Meaning
Protects original literary, artistic, dramatic, musical, and
Copyright
cinematographic works.
Protects brand names, logos, slogans, and other distinctive signs
Trademark
identifying goods or services.
Protects new inventions involving innovative ideas, processes, or
Patent
products.
Protects the aesthetic appearance (shape, pattern, configuration) of
Industrial Design
a product.
Protects confidential business information offering a competitive
Trade Secrets
edge.
Geographical Protects goods originating from specific geographical regions with
Indications (GI) unique qualities.
Protects new plant breeds developed through scientific or
Plant Varieties
traditional methods.

Copyright: Meaning, Features, and Details

1. Meaning of Copyright
Copyright is a legal right given to the creators of original literary, artistic, dramatic,
musical, cinematographic, and software works, which protects their work from
being copied, reproduced, or used without permission.

➡️ In simple words, it protects the expression of an idea, not the idea itself.
Definition:
Copyright is the exclusive legal right to reproduce, publish, sell, distribute, perform, display,
or license an original work of authorship.

2. Purpose of Copyright
 To reward creativity by granting rights to the creator.
 To encourage innovation and knowledge sharing by ensuring creators benefit from
their efforts.
 To protect the economic and moral interests of authors.

3. Works Protected Under Copyright

Category Examples

Literary Works Novels, poems, articles, computer programs, blogs

Artistic Works Paintings, photographs, sculptures, drawings

Dramatic Works Plays, screenplays

Songs, compositions (musical notes and

Musical Works
arrangements)

Cinematographic
Movies, documentaries, animation films
Films

Sound Recordings Audio recordings (songs, podcasts)

Software Programs Source code and computer software applications

4. Rights of Copyright Owner

The copyright holder enjoys two major types of rights:
(i) Economic Rights:
 Reproduction of the work
 Distribution and sale
 Public performance
 Broadcasting
 Translation or adaptation
 Licensing to others
 (ii) Moral Rights:
 Right of attribution (to be recognized as the creator)
 Right of integrity (to prevent distortion or mutilation of the work)

5. Duration of Copyright Protection

Type of Work Duration of Protection

Literary, Artistic, Dramatic, Musical Lifetime of author + 60 years after

Works death

Cinematographic Films, Sound

60 years from publication
Recordings

Anonymous or Pseudonymous Works 60 years from publication

Posthumous Works 60 years from publication

Note:
The period of 60 years is calculated from the beginning of the calendar year following
the year of death/publication.

6. Copyright Registration
 Optional, but strongly recommended.
 Proof of ownership in case of disputes.
 Application filed with the Copyright Office (Registrar of Copyrights).
 Separate registration for each type of work (literary, musical, artistic, etc.).

7. Infringement of Copyright
Copyright infringement occurs when someone uses, copies, or exploits a copyrighted
work without permission.
Examples of Infringement:
 Copying a book without the author's consent
 Downloading and sharing pirated movies
 Using music in a video without licensing it
Remedies for Infringement:
 Injunction (stop the violation)
  Damages (monetary compensation)
 Seizure and destruction of infringing goods
 Criminal penalties (in serious cases)

8. Exceptions to Copyright: "Fair Use"

Certain uses of copyrighted works are allowed without permission under fair use or
fair dealing, such as:
 Private and personal use (including research and study)
 Criticism, review, or reporting of current events
 Use for educational and non-commercial purposes
 Judicial proceedings

➡️ However, "fair use" is limited and evaluated case-by-case.

Trademarks: Meaning, Features, and Details
1. Meaning of Trademark
A Trademark is a unique symbol, word, phrase, logo, design, or a combination of
these that identifies and distinguishes the goods or services of one business from those
of others.

➡️ It helps consumers recognize the source of products or services and builds brand
loyalty.
Definition (Simple):
A Trademark is a mark capable of being represented graphically and capable of
distinguishing the goods or services of one person from those of others.

2. Purpose of a Trademark
 Protect brand identity.
 Prevent confusion among consumers.
 Provide exclusive rights to use the mark.
 Build goodwill and business reputation.

3. Examples of Trademarks
 Type Example

Word Mark Nike, Google, Coca-Cola

Logo/Device Apple’s half-bitten apple logo, McDonald's “Golden

Mark Arches”

Slogan Nike's "Just Do It", McDonald's "I'm Lovin' It"

Shape The unique shape of Coca-Cola’s bottle

Sound Mark Intel's musical jingle

Color Mark Tiffany & Co.'s specific blue color

4. Types of Trademarks

Type Description

Product Trademark Identifies goods (e.g., BMW for cars)

Service Trademark Identifies services (e.g., FedEx for courier services)

Used by members of an association (e.g., CA for

Collective Mark
Chartered Accountants)

Certifies product quality, characteristics (e.g., ISI

Certification Mark
mark, Agmark)

Well-Known Marks recognized widely by the public (e.g., Apple,

Trademark Adidas)

5. Features of a Trademark
 Distinctiveness: It must be capable of distinguishing goods/services.
 Non-Descriptive: It should not describe the goods/services directly.
 Graphical Representation: Must be capable of being represented visually (word, logo,
symbol, etc.).
 Non-Deceptive: Should not mislead consumers.
 Exclusive Use: Grants exclusive rights to the owner.
 Renewable: Trademark rights can be renewed indefinitely every 10 years.

6. Registration of Trademarks
 Governing Law in India: The Trademarks Act, 1999.
 Registration Authority: Controller General of Patents, Designs and Trademarks
(CGPDTM).
 Validity:
o Initial registration valid for 10 years.
o Renewable for further periods of 10 years indefinitely.
Steps for Registration:
1. Trademark search (to check availability).
2. Filing of trademark application.
3. Examination and objection (if any).
4. Advertisement in Trademark Journal.
5. Registration if no opposition.
Note:
™ symbol is used after filing, but before registration.
® symbol is used after successful registration.

7. Rights of Trademark Owner

 Exclusive right to use the trademark.
 Right to license or assign the trademark.
 Right to prevent unauthorized use by others (infringement suits).
 Right to claim damages for infringement.

8. Trademark Infringement
Infringement happens when:
 A similar mark is used in a way that confuses consumers.
 An identical or deceptively similar mark is used for similar goods or services without
permission.
Remedies for Infringement:
 Civil Remedies: Injunctions, damages, destruction of infringing goods.
 Criminal Remedies: Fines and imprisonment.
 Administrative Remedies: Opposition and cancellation actions.
 Patents and Designs: Meaning, Features, and Details

1. Patents
Meaning of Patent
A Patent is an exclusive legal right granted to an inventor for a new invention, which
may be a product or a process that offers a new technical solution to a problem or a
new way of doing something.

➡️ Patent = Right to protect innovations and inventions.

Definition (Simple):
A patent is the right granted by a government to an inventor to exclude others from making,
using, selling, or importing an invention without consent for a limited period.

Purpose of a Patent
 Encourage innovation by rewarding inventors.
 Promote economic growth through technological advancement.
 Disclose inventions publicly to benefit society after expiry.

Key Features of a Patent

Feature Details

Novelty The invention must be new (never disclosed before).

Must involve a non-obvious improvement over

Inventive Step
existing knowledge.

Industrial Must be capable of industrial use (manufacture, use,

Applicability etc.).

Patent rights are valid only in the country where

Territorial Right
granted.

Patent protection lasts for 20 years from the date of

Limited Duration
filing.

Right to stop others from making, selling, or using the

Exclusive Right
invention.

Patent Law in India

  Governing Law: The Patents Act, 1970 (amended in 2005).
 Authority: Indian Patent Office (IPO).
 International Treaty: India is a signatory to the Patent Cooperation Treaty (PCT).

Examples of Patented Inventions

 Pharmaceutical drugs (e.g., COVID-19 vaccines).
 Technological devices (e.g., smartphones, medical equipment).
 Engineering processes (e.g., new manufacturing techniques).

Remedies for Patent Infringement

 Injunctions (stop further violation).
 Monetary damages.
 Seizure and destruction of infringing products.

2. Industrial Designs
Meaning of Design
An Industrial Design refers to the aesthetic or ornamental aspects of a product —
the shape, configuration, pattern, or surface decoration which is visually appealing
but not necessarily functional.

➡️ Design = Protection of product appearance, not its function.

Definition (Simple):
A design is about the visual features of a product that make it look attractive and
distinguishable.

Purpose of Protecting Designs

 Encourage artistic creativity in industries.
 Enhance commercial value of products.
 Protect against copying of appearance.

Key Features of Industrial Design

 Feature Details

Novelty and
Must be new and original, not copied.
Originality

Protects only the appearance, not the technical

Visual Appeal
function.

Exclusive Rights Right to prevent unauthorized copying.

Protection lasts for 10 years, renewable for 5 more

Limited Duration
years.

Mandatory
Must be registered to claim protection.
Registration

Design Law in India

 Governing Law: The Designs Act, 2000.
 Authority: Indian Patent Office (specifically Design Wing).

Examples of Protected Designs

 Shape of a luxury car.
 Packaging design of perfume bottles.
 Appearance of furniture, jewelry, and watches.

Remedies for Design Infringement

 Injunctions against copying.
 Claim for damages.
 Seizure of infringing goods.
Trade Secrets
Meaning of Trade Secrets
A Trade Secret refers to confidential business information that provides a company
with a competitive advantage.
It includes formulas, practices, designs, instruments, patterns, or compilations of
information not generally known or reasonably ascertainable.

➡️ Trade secrets are protected through secrecy, not registration.

Definition (Simple):
A trade secret is any valuable business information that is kept confidential to maintain a
competitive edge.

Examples of Trade Secrets

 Coca-Cola’s beverage formula
 Google’s search algorithm
 Manufacturing processes (e.g., industrial chemical formulations)
 Customer lists, pricing strategies

Protection of Trade Secrets (in India)

 No specific statute exists for trade secret protection.
 Protected under:
o Contract Law (Confidentiality agreements, NDAs)
o Equity Principles (Breach of trust)
o Common Law Remedies (Misappropriation)
o Information Technology Act, 2000 (limited protection for data)

Key Features of Trade Secrets

Feature Description

Secrecy Must be kept confidential actively.

Economic Value Must have commercial value from being secret.

Owner must take steps to maintain secrecy (e.g.,

Reasonable Efforts
NDAs).

Unlimited
Lasts as long as the secret is maintained.
Protection

Remedies for Misappropriation of Trade Secrets

 Injunctions to stop misuse
 Monetary damages
 Return or destruction of confidential information
 2. Law Relating to Copyright in India
Meaning of Copyright
Copyright protects the original expression of ideas in a tangible medium — literary,
artistic, musical, dramatic, cinematographic, and sound recording works.

➡️ It gives exclusive rights to the creator for economic exploitation and moral rights
for personal reputation.

Governing Law
 Primary Law:
➔ The Copyright Act, 1957 (amended several times, most recently in 2012).
 Regulatory Body:
➔ Copyright Office, headed by the Registrar of Copyrights under the Ministry of
Commerce and Industry.

Key Rights Provided

Right Description

Right to Reproduce Copy the work in any material form.

Right to Distribute Sell or give copies of the work.

Right to Perform
Perform literary, musical, and dramatic works.
Publicly

Right to
Create adaptations or translations.
Translate/Adapt

Right of attribution and to prevent distortion of the

Moral Rights
work.

Duration of Copyright

Type of Work Protection Period

Literary, Artistic, Musical, Dramatic Works Lifetime of the author + 60 years

Cinematographic Films, Sound Recordings 60 years from publication

 Registration of Copyright
 Not mandatory, but recommended as evidence.
 Can be done by filing an application to the Copyright Office (physical or online).

Infringement and Remedies

 Injunctions (court orders to stop the infringement)
 Monetary damages or profits earned by infringer
 Criminal penalties in case of willful infringement

3. Historical Evolution of the Copyright Act, 1957

Period Development

Copyright law in India was based

Pre-1914 on British laws — especially the
Copyright Act, 1842 of Britain.

Indian Copyright Act, 1914

1914 enacted, largely based on the
British Copyright Act, 1911.

Need for an independent, updated

Post-Independence
copyright law arose.

The Copyright Act, 1957 enacted

— India's first comprehensive
1957
copyright law, tailored to Indian
conditions.

To meet international obligations

Subsequent Amendments
and address new technologies:

- 1983, 1984 Amendments: Introduced

penalties for infringement.

- 1994 Amendment: Brought major

changes to deal with satellite
broadcasting, computer programs, and
performers' rights.

- 1999 Amendment: To comply with

TRIPS (WTO obligations).
 Period Development

- 2012 Amendment: Most recent;

addressed digital rights management,
disabled persons' rights, and clarified
rights of authors and performers.

Major Highlights of the Copyright Act, 1957

 Covers a wide range of works: literary, artistic, musical, dramatic, cinematographic
films, sound recordings.
 Provides both economic rights (for profit) and moral rights (for honor and reputation).
 India is a signatory to international conventions like:
o Berne Convention (1886)
o Universal Copyright Convention
o TRIPS Agreement under WTO
Meaning of Copyright
General Meaning
Copyright is the exclusive legal right granted to the creator of an original work
(literary, artistic, musical, dramatic, cinematographic, or software) to use, reproduce,
distribute, adapt, display, or license their work.

➡️ It protects the expression of ideas, not the ideas themselves.

Definition (Simple):
Copyright is the right given by law to the creators of literary, dramatic, musical, artistic works,
and cinematographic films and sound recordings to control the use of their creations.

Copyright and Computer Programs

 Computer Programs are specifically included under literary works in the Copyright
Act, 1957 (Section 2(o)).
 This means:
o The source code and object code of a software are protected.
o Unauthorized copying, distribution, or modification of a program is
infringement.
 Protection includes:
o Reproduction of code.
 o Adaptation or translation of programs.
o Commercial distribution of software.
Important:
Both software programs and software manuals are protected separately if they are
original.
Examples:
 Microsoft Windows operating system source code.
 Adobe Photoshop software code.
 Mobile application source codes.

Ownership of Copyright
Who Owns the Copyright?
Generally, the author/creator of the work is the first owner of the copyright.

Scenario Ownership

Created by an individual Individual is the owner.

Created under employment (in the Employer is the owner, unless

course of job) otherwise agreed.

Commissioned work (for valuable The person who commissioned (payer)

consideration) is the owner.

Government Work Copyright owned by the Government.

Work of international organizations Owned by that organization.

Special Case: Computer Programs

 If a software is developed by an employee, the employer owns the copyright unless
there is an agreement stating otherwise.
 If a freelancer develops a program, the freelancer owns the copyright unless assigned
through a formal contract.

Assignment of Copyright
Meaning of Assignment
Assignment means the transfer of ownership rights from the original owner
(assignor) to another person (assignee).
 ➡️ After assignment, the assignee becomes the new owner and can use the work like
the original creator.
Essentials of Assignment:
 Must be in writing and signed.
 Must specify:
o The work being assigned.
o The territorial extent.
o The duration of assignment.
o Rights assigned (full or partial).
Example:
 An author assigns the rights to a publisher to publish and sell the book.

Criteria of Copyright Infringement

Copyright infringement occurs when someone uses or exploits a protected work
without the permission of the copyright owner.
Conditions to establish Infringement:

Criterion Explanation

Substantial Unauthorized work must be substantially similar to the

Similarity copyrighted work.

Unauthorized Use Use without license or legal permission.

Access to Original Infringer must have access (actual or implied) to the

Work copyrighted work.

The copied portion must be a protectable expression

Protected Expression
(not an idea or fact).

Common Examples of Infringement

 Copying large sections of a book into another book without permission.
 Downloading and sharing pirated movies or music.
 Copying computer software without buying a license.
 Using someone's artwork on websites or products without consent.
 Remedies for Infringement
 Civil Remedies: Injunction, damages, account of profits.
 Criminal Penalties: Fines and imprisonment.
 Administrative Remedies: Customs seizure of imported infringing copies.
Piracy on the Internet – Remedies and Procedures in India

1. Meaning of Internet Piracy

Internet Piracy refers to the unauthorized copying, distribution, or use of
copyrighted material over the internet, often without the permission of the copyright
owner.

➡️ It includes downloading, uploading, streaming, and sharing protected works like

software, movies, music, e-books, games, and academic content without authorization.
Definition (Simple):
Internet piracy is the unlawful reproduction and distribution of copyrighted digital content over
the web.

2. Common Forms of Internet Piracy

Type Example

Software Unauthorized downloading or sharing of paid software (e.g.,

Piracy pirated Microsoft Office)

Illegal streaming or torrent downloads of films (e.g., on sites

Movie Piracy
like Tamilrockers)

Music Piracy Downloading songs from unauthorized websites

Sharing entire books in PDF format online without

E-book Piracy
permission

Streaming Watching sports events, TV shows on unauthorized

Piracy streaming platforms

Game Piracy Using cracked versions of paid video games

3. Law Relating to Internet Piracy in India

Piracy is treated as copyright infringement, and multiple laws cover it:
 Law Key Provisions

Defines infringement and prescribes civil and

Copyright Act, 1957
criminal penalties.

Information
Penalizes hacking, unauthorized access, and
Technology (IT) Act,
transmission of copyrighted material digitally.
2000

Indian Penal Code Provides for criminal liability like cheating and
(IPC), 1860 misrepresentation.

Important Sections:
 Section 51, Copyright Act: Defines acts that amount to infringement.
 Section 63, Copyright Act: Provides criminal punishment for infringement.
 Section 66, IT Act: Deals with hacking and data theft.

4. Remedies Available Against Internet Piracy

(A) Civil Remedies

Remedy Explanation

Court orders the infringer to stop the piracy immediately

Injunction
(temporary or permanent).

Damages Claim monetary compensation for losses suffered.

Account of
Claim the profits earned by the infringer from piracy.
Profits

Anton Piller Court can allow surprise raids to seize pirated material from
Orders infringer’s premises.

John Doe Blanket injunctions against unknown infringers (used

Orders against multiple illegal websites).

(B) Criminal Remedies

Provision Punishment

Section 63, Copyright Imprisonment up to 3 years + fine up to ₹2 lakh (for

Act first offence).
 Provision Punishment

Section 63A (Repeat Imprisonment from 1 year to 3 years + fine from ₹1

offence) lakh to ₹2 lakh.

Imprisonment up to 3 years + fine up to ₹5 lakh for

Section 66 IT Act
hacking/data theft.

Note:
Criminal cases can involve police action like raids, seizure of devices, arrest of
offenders.

5. Procedures to Take Action Against Internet Piracy in India

Step Action

Step Detect infringement: Manual search, professional cyber-monitoring, or

1 DMCA notices.

Step
Issue cease and desist notices to infringers and hosting platforms.
2

Step
File a complaint with Cyber Crime Cell (police) or directly in Court.
3

Step
Approach the Court for civil injunction and damages.
4

Step
Seek John Doe orders (for large-scale piracy cases).
5

Step Request ISPs (Internet Service Providers) to block pirated websites

6 through court orders.

Step
Follow up with criminal prosecution if required.
7

6. Recent Measures Against Internet Piracy in India

 Blocking Piracy Websites: Courts routinely order ISPs to block websites like
Tamilrockers, Filmyzilla, etc.
 John Doe Orders: Used by Bollywood, Hollywood studios to stop release leaks.
 Public Awareness Campaigns: Government and private companies educate users
about piracy’s harm.
  Strict Monitoring by CERT-IN: (Indian Computer Emergency Response Team
monitors cyber threats including piracy.)

7. International Influence
India aligns its piracy laws with TRIPS Agreement (WTO), Berne Convention, and
WIPO Copyright Treaty to ensure international compliance on intellectual property
protection.
Law Relating to Patents under the Patents Act, 1970

1. Concept of Patent
A Patent is a legal right granted by the government to an inventor for an invention,
which is a new product or process involving an inventive step and capable of
industrial application.

➡️ It gives the inventor exclusive rights to use, manufacture, sell, or license the
invention for a certain period — typically 20 years.
Definition (Simple):
A patent is an exclusive right granted to the inventor to prevent others from making, using,
selling, or importing the patented invention without permission.

2. Key Features of a Patent

Feature Explanation

The invention must be new and not known to the public

Novelty
anywhere in the world.

Must involve technical advancement or economic

Inventive Step
significance and not obvious to a skilled person.

Industrial Must be capable of being made or used in some kind of

Applicability industry.

Territorial Right Patents are granted country-wise (no worldwide patent).

Limited Duration Valid for 20 years from the date of filing the application.

The inventor must fully disclose the invention to the

Disclosure
public through the patent specification.

3. Law Governing Patents in India: The Patents Act, 1970

 Aspect Details

The Patents Act, 1970 (came into force on 20 April

Primary Legislation
1972)

Major amendments in 1999, 2002, 2005 (to comply

Amendments
with WTO-TRIPS)

Administering Office of the Controller General of Patents, Designs,

Authority and Trademarks (CGPDTM)

Paris Convention, Patent Cooperation Treaty (PCT),

Applicable Treaties
TRIPS Agreement (WTO)

4. Key Provisions of the Patents Act, 1970

(i) What can be Patented?
 Invention must be:
o New (Novel)
o Involve an Inventive Step
o Industrially Applicable
 Examples: New drug formulations, mechanical devices, innovative chemical processes.
(ii) What cannot be Patented? (Section 3 & 4)
 Mere discoveries of scientific principles
 Abstract theories, mathematical methods
 New use of a known substance
 Inventions contrary to public order or morality
 Plants and animals (except microorganisms)
 Computer programs per se (without technical effect)
(iii) Patent Application Process

Step Action

Step 1 Filing of application with complete specification.

Step 2 Publication of application after 18 months.

Step 3 Request for Examination within prescribed time.

 Step Action

Step 4 Examination by Patent Office (search for prior art, objections).

Step 5 Grant of patent if objections are resolved.

5. Rights of Patentee
 Right to manufacture, sell, distribute, license, or assign the invention.
 Right to exclude others from using the patented invention.
 Right to sue for infringement and claim damages.

6. Duration and Renewal of Patent

 Valid for 20 years from the date of filing (not grant).
 No renewal after 20 years — becomes public domain.

7. Patent Infringement and Remedies

Remedy Details

Injunctions, damages, delivery up of infringing

Civil Remedies
goods.

Criminal Remedies (Rarely used for patents, mostly civil enforcement.)

Administrative
Opposition proceedings before and after grant.
Remedies

Historical Perspective of Patent Law in India

Period Development

No formal patent law. Inventions could not be legally

Pre-1856
protected.

Act VI of 1856 based on British Patent Law; protection

1856
for 14 years.

Act XV of 1859 revised the earlier law; introduced

1859
granting of exclusive privileges.
Period Development

The Patents and Designs Protection Act combined

1872
inventions and designs.

1883 & 1888 Further revisions; introduced product and process patents.

Indian Patents and Designs Act, 1911 — consolidated

1911
law for patents and industrial designs.

Post-independence, demand for review to suit Indian

1947-1950
conditions.

Government appointed the Justice Bakshi Tek Chand

1949
Committee to review the patent system.

1957 Based on Committee’s report, need felt for a new law.

Rajagopala Ayyangar Committee recommended strong

1959 patent reforms — suggested limiting product patents for
food, medicine, and chemicals.

The Patents Act, 1970 enacted based on these reports.

1970
Came into effect in 1972.

Post-1995 India joins WTO and TRIPS Agreement.

Modified the Act to allow product patents (especially in

1999, 2002, 2005
pharmaceuticals), extended protection to new fields, and
Amendments
fast-tracked compliance with TRIPS.

Patentable Inventions with Special Reference to Biotechnology Products

1. What is a Patentable Invention?
A patentable invention refers to a new, inventive, and industrially applicable
product or process that satisfies legal requirements under the Patents Act, 1970 (in
India) or similar laws elsewhere.

➡️ Not every discovery or idea is patentable — it must meet specific conditions.

2. Conditions for Patentability (General)

Condition Meaning

Must be new — not publicly disclosed anywhere

Novelty
before filing the application.
 Condition Meaning

Inventive Step (Non- Must not be obvious to a person skilled in the relevant
Obviousness) field.

Industrial Must be capable of being used in some industry

Applicability (manufacturing, agriculture, healthcare, etc.).

Patentable Subject Must not fall under non-patentable categories defined

Matter by law (e.g., abstract ideas, laws of nature, etc.).

The invention must be fully and clearly described in

Complete Disclosure
the patent application.

3. What Cannot be Patented? (Section 3 of the Patents Act, 1970)

 Mere discoveries of scientific principles or natural phenomena.
 Methods of agriculture and horticulture.
 Medical, surgical, curative, or therapeutic methods for humans or animals.
 Mathematical or business methods, algorithms.
 Plants and animals (excluding microorganisms).

4. Patentable Biotechnology Inventions

Biotechnology involves the use of biological systems, organisms, or derivatives to
develop products and technologies.
Certain biotechnology-related inventions are patentable, provided they meet the
standard conditions.
(i) Examples of Patentable Biotechnology Products:

Type Example

Genetically Modified Genetically modified plants, bacteria

Organisms (GMOs) producing insulin.

Recombinant DNA technology Genetically engineered drugs like insulin,

products human growth hormone.

Biological materials isolated DNA sequences, proteins (if isolated and

from nature purified).

Novel methods for cloning, fermentation,

Biotechnology processes
tissue culture techniques.
 Type Example

Kits and processes for detecting diseases

Diagnostic methods/products
like cancer or COVID-19.

Vaccines and COVID-19 vaccines (e.g., Covaxin

Biopharmaceuticals technology, mRNA vaccines).

Lab-created antibodies for treating

Monoclonal Antibodies
diseases.

If not involving human embryos directly,

Stem cell-based inventions
subject to guidelines.

(ii) Key Requirements for Biotech Patentability

 Human intervention must be involved (e.g., genetic manipulation).
 Naturally occurring biological materials must be isolated or substantially modified
to be patentable.
 Utility must be demonstrated clearly (therapeutic use, industrial application).
 Ethical considerations must be respected (certain human cloning inventions are
prohibited).

5. Specific Provisions under Indian Law for Biotechnology

Section Explanation

Mere discovery of living or non-living substances occurring

Section 3(c)
in nature is not patentable.

Plants and animals in whole or any part (excluding

Section 3(j)
microorganisms) are not patentable.

Are patentable if genetically modified and not naturally

Microorganisms
occurring.

Biological material must be deposited with an International

Deposits Depository Authority (IDA) under the Budapest Treaty if it
is not known or accessible.

6. International Treaties Affecting Biotechnology Patents

 TRIPS Agreement (WTO): Requires patent protection for microorganisms and
microbiological processes.
 Budapest Treaty: Facilitates deposit of biological material for patent purposes.
 UPOV Convention (for plant varieties, separate from patents).

7. Important Case Laws (India)

Case Importance

Dimminaco AG v.
Controller of Patents Held that live vaccines are patentable in India.
(2002)

Monsanto Technology Related to genetically modified cotton seeds —

LLC v. Nuziveedu Seeds emphasized patentability with strict compliance
Ltd. (2019) to biotechnology patent rules.

Patent Protection for Computer Programs

1. Introduction
Computer programs (software) are critical technological innovations.
However, granting patent protection to software is a sensitive and debated topic
globally because software is often seen as an abstract idea, not a physical invention.

➡️ In India, under the Patents Act, 1970, computer programs per se (by themselves)
are NOT patentable — but under certain conditions, software combined with
hardware or technical application may be patentable.

2. Legal Position in India

Aspect Explanation

Section 3(k) of "A mathematical or business method or a computer

Patents Act, 1970 program per se or algorithms are not patentable."

✅ Computer program "per se" = Not patentable.

✅ Computer program with technical application/industrial utility = Patentable
(in certain cases).

3. What is NOT Patentable (Software Alone)?

 Mere algorithms (logical steps, formulas).
 Standalone software without any hardware involvement.
 Business method software (like software for banking, insurance management, etc.).
 Abstract ideas implemented by code.
Example (Not patentable):
 A new billing software without any specific technical effect on hardware.

4. What CAN be Patentable (Software + Technical Effect)?

If the computer program:
 Solves a technical problem.
 Provides a tangible technical effect (beyond normal computer functioning).
 Is tied to specific hardware (embedded systems, technical control of devices).
Then, it may be patentable as a "computer-related invention (CRI)".
Examples (Patentable in India):
 Software controlling a washing machine or medical device.
 Encryption algorithms embedded in secure hardware.
 Improved computer memory management systems.
 Machine learning algorithms tied to technical solutions (e.g., traffic management,
industrial control).

5. Patentability Criteria for Computer-Related Inventions (CRIs) in India

Test Requirement

Technical Must improve a technical field, not just business

Advancement methods.

Technical Must solve a technical problem or improve a technical

Contribution process.

Industrial Must be capable of industrial use (hardware

Applicability implementation preferred).

Mere presentation of information, aesthetic creations,

Not Abstract
mathematical methods are excluded.

6. Guidelines for Examination of Computer-Related Inventions (CRI Guidelines)

 Issued by the Office of Controller General of Patents, Designs and Trademarks.
 Latest CRI Guidelines (2017) clarified that:
 o Focus must be on substance over form (i.e., invention as a whole, not just
"software").
o Technical effect and technical contribution are critical.
o A computer program alone without technical contribution is not patentable.

7. International Position (Brief Overview)

Country/Region Position

Software is patentable if it produces a "useful, concrete, and

USA tangible result" (but strict scrutiny after Alice v. CLS Bank
case).

Computer programs "as such" are not patentable, but if there

Europe (EPO)
is a "technical contribution," it can be patented.

Software producing a technical effect or controlling

Japan
hardware is patentable.

Similar to Europe — technical effect + technical

India
contribution needed.

8. Example of Patentable Software Innovation

Suppose a company invents a navigation system where:
 The software dynamically adjusts GPS signals using real-time atmospheric conditions
(technical problem-solving).
 Tied directly to car sensors and GPS hardware.

✅ This could be patentable because it provides a technical advancement and

involves hardware interaction.

9. Important Indian Cases Related to Software Patenting

Case Key Takeaway

Ericsson's software-driven Standard-Essential Patents

Ericsson v. Intex
(SEPs) were upheld; highlighted technical effect
(2016)
importance.
 Case Key Takeaway

Ferid Allani v.
Delhi High Court held that computer-related inventions
Union of India
showing technical contribution are patentable.
(2019)

Process of Obtaining a Patent in India

1. Introduction
The process of obtaining a patent ensures that an invention is properly examined
before granting exclusive rights to the inventor.
In India, the process is governed by the Patents Act, 1970, and Patent Rules, 2003 (as
amended).

2. Key Stages in the Patent Process

The complete patent grant process involves four main stages:

Stage Description

Filing of the patent application with necessary

Application
details.

Scrutiny of the application for compliance and

Examination
patentability.

Third parties can oppose the grant either before or

Opposition
after grant.

Sealing (Grant of
If found acceptable, patent is granted and sealed.
Patent)

3. Application Stage (Patent Filing)

(i) Who Can Apply?
 True and first inventor
 Legal representative or assignee of the inventor
 Applicants can be individuals, companies, or institutions
(ii) Types of Applications
 Provisional Application (optional):
o Filed when the invention is not fully developed.
o Establishes an early priority date.
 o Complete Specification must be filed within 12 months.
 Complete Application:
o Detailed disclosure of the invention.
o Must contain claims defining the scope of protection.
(iii) Documents Required
 Patent application form (Form 1)
 Complete or provisional specification (Form 2)
 Statement of undertaking (Form 3)
 Declaration of inventorship (Form 5)
 Authorization of patent agent (Form 26), if applicable
 Fees

4. Examination Stage
Examination does not happen automatically after filing.
The applicant must request for examination separately.

Step Action

Request for Must be filed within 48 months from the date of

Examination (RFE) filing or priority date (Form 18).

Examination by
Patent Office examines the application for:
Controller

➔ Novelty

➔ Inventive Step

➔ Industrial Applicability

➔ Subject Matter (Section 3 and 4 compliance)

First Examination Issued by Patent Office pointing out objections, if

Report (FER) any.

Applicant must respond to objections within 6

Response by Applicant
months (extendable by 3 months).

If objections persist, a hearing is offered to the

Hearing (if required)
applicant.
 Outcome:
 If objections are resolved, the application proceeds to grant.
 If not, the application may be refused.

5. Opposition Stage
Opposition allows third parties to challenge the validity of the patent application.
(i) Pre-Grant Opposition (Section 25(1))
 Can be filed any time after publication but before grant.
 Grounds include:
o Wrongful obtainment
o Lack of novelty, inventive step, or industrial applicability
o Non-patentable subject matter
o Incomplete disclosure
Anyone can file a pre-grant opposition.
(ii) Post-Grant Opposition (Section 25(2))
 Can be filed within 12 months from the date of grant.
 Grounds are similar to pre-grant opposition.
 Must be filed before the Opposition Board.

6. Sealing and Grant of Patent

 If no opposition, or opposition is decided in favor of the applicant:
o The Patent Office issues a Certificate of Grant.
o Patent is sealed (finalized) and recorded in the Patent Register.
o Grant is notified in the Patent Journal.
Rights After Sealing:
 Full exclusive rights to the patentee
 Right to sue infringers
 Obligation to pay annual renewal fees to keep the patent in force
Patent Cooperation Treaty, Grounds for Opposition, Rights and Obligations of
Patentee, Duration of Patents, Infringement and Remedies
 Patent Cooperation Treaty (PCT)
Meaning of PCT
The Patent Cooperation Treaty (PCT) is an international treaty administered by the
World Intellectual Property Organization (WIPO).
It simplifies the process of filing patents in multiple countries through a single
international patent application.

➡️ It does not grant an international patent, but streamlines and delays the need to file
separately in each country.
Adopted: 1970
Came into force: 1978
India: Became a member in 1998.

Key Features of PCT

Feature Explanation

One international application covers multiple

Single Application
countries (over 150 member states).

Conducted by an International Searching

International Search
Authority (ISA) to find prior art.

International Preliminary Optional; provides preliminary non-binding

Examination opinion on patentability.

After 30/31 months from filing, applicant must

National Phase
enter national phase in desired countries.

Gives more time (up to 30 months) to decide

Time-Saving
where to file nationally.

Cost-Efficient Reduces initial filing and translation costs.

2. Grounds for Opposition to Patent (India)

Opposition can be Pre-Grant (before patent is granted) or Post-Grant (after patent is
granted, within 12 months).
Grounds for Opposition (Common for Pre-Grant and Post-Grant)

Ground Meaning

Applicant obtained invention wrongfully from

Wrongful obtainment
another.
Ground Meaning

Invention already published before the filing

Prior Publication
date.

Lack of Novelty Invention is not new (public domain knowledge).

Obviousness/Lack of Invention is obvious to a person skilled in the

Inventive Step field.

Non-patentable Subject Falls under excluded categories (Section 3 & 4 of

Matter Patents Act).

Application does not sufficiently describe the

Insufficient Disclosure
invention.

Lack of Industrial Invention cannot be made or used in any

Applicability industry.

Not properly disclosed or deposited biological

Biological Material Issues
material (for biotechnology inventions).

Invention is an aggregation of traditional

Traditional Knowledge
knowledge.

3. Rights and Obligations of a Patentee

Rights of Patentee

Right Description

Exclusive Right To make, use, sell, or license the invention.

Right to Assign or License Can sell or license rights to others.

Right to Sue for

Can take legal action against unauthorized use.
Infringement

Importation Right Can import patented products into India.

Right to earn royalties or profits from

Monetary Benefits
exploitation.

Obligations of Patentee
 Obligation Description

Full Disclosure Must disclose complete details of the invention.

Payment of Renewal
Annual fees must be paid to keep patent in force.
Fees

Working of Patent Must "work" the patent in India (manufacture/use).

File Statement of
Annual filing to show the extent of commercial use.
Working (Form 27)

Non-Misuse Must not abuse patent rights to restrict competition.

Compliance with If public need not met, others may be allowed to

Compulsory Licensing use the patent under compulsory licensing.

4. Duration of Patents – Law and Policy Considerations

Duration of Patent

Country Duration

India 20 years from filing date (Section 53 of Patents Act, 1970)

Global Standard 20 years (as per TRIPS Agreement, WTO)

Policy Considerations Behind 20-Year Duration

 Balance Innovation and Public Interest:
➔ Encourages inventors by granting exclusive rights temporarily.
➔ Ensures public access to technology after expiration.
 Promote Technological Advancement:
➔ Full disclosure of invention benefits society.
 Encourage Investment:
➔ Patent protection incentivizes industries to invest in research and development
(R&D).
 Avoid Monopolies Forever:
➔ 20-year limit prevents permanent monopolization of knowledge and technology.

5. Infringement of Patent and Related Remedies

Meaning of Infringement
 Patent infringement means unauthorized making, using, offering for sale, selling,
or importing a patented invention without the patentee's consent during the term of the
patent.

Types of Infringement

Type Meaning

Direct Infringement Unauthorized use of patented product or process.

Indirect Encouraging or assisting another to infringe the

Infringement patent.

Defenses Against Infringement

 Invalidity of patent (lack of novelty, inventive step, or industrial applicability).
 Non-infringement (the accused device is materially different).
 License or consent of the patentee.
 Public interest or compulsory licensing grounds.

Remedies for Patent Infringement

Remedy Explanation

Injunction Court order to stop the infringing activity.

Damages Financial compensation for losses suffered.

Defendant must hand over profits earned from

Account of Profits
infringement.

Seizure of infringing products or tools used for

Seizure/Destruction
infringement.

Declaration Court can declare patent valid or invalid.