IPR & PATENT ISSUES
Mentor: Mrs. Kriti Saroh Made By: Parul Sharma M.C.A.-VI SEM R.NO.-05811804409
IPR
Intellectual Property Rights (IPRs) are legal rights that protect creations and/or inventions resulting from intellectual activity in the industrial, scientific, literary or artistic fields. The most common IPRs include patents, copyrights, marks and trade secrets.
TYPES OF IPR
Patents
Trade Secrets
IPR
Copyrights
Marks
COPYRIGHT
All creations have a right, because they exist (and because they are creative). these are the works of the spirit, creativity, even if they are sometimes tangible (a model, a sculpture, a postcard, music ...). This is intellectual property. All this is right.
TRADE SECRETS
North American Free Trade Agreement (NAFTA) defines a trade secret as information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.
TRADE MARK
The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information center and is a facilitator in matters relating to trade marks in the country. The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.
PATENTS
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
PATENTS
Patent grants exclusive rights to the inventor (patentee) to make, use, license or sell the invention for a limited period of time. Patent is territorial in nature. In India the patent is valid for 20 years subject to annual renewal during this period. A patent is granted for an invention, which is new (novel), has an inventive step and is capable of industrial application .
HISTORY OF INDIAN PATENT SYSTEM
1856- THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD OF 14 YEARS. 1859-THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION). 1872-THE PATENTS & DESIGNS PROTECTION ACT. 1883- THE PROTECTION OF INVENTIONS ACT. 1888-CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT. 1911-THE INDIAN PATENTS & DESIGNS ACT.
PATENT LAWS AFTER INDEPENDENCE
1972-THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972. 1999-ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-01-1995. 2002 -THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003 2005 -THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM I st JANUARY 2005
MISCONCEPTIONS ABOUT PATENTS
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A common misconception is that a patent gives its owner the right to make, use or sell inventions. In fact, a patent gives its owner the right to EXCLUDE other people from making, using or selling the claimed invention.
The patent owner him-/herself may also be forbidden from using his/her own invention, due to the existence of another patent or other legal restrictions.
TYPES OF PATENTS
Utility Patent: Issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement. Design Patent: Issued for a new, original, and ornamental design for an article of manufacture. Plant Patent: issued for plants and trees. Reissue Patent: Issued to correct an error in an already issued utility, design, or plant patent, it does not affect the period of protection offered by the original patent
CRITERION FOR PATENTS:
Novelty
New Innovative Step/Steps Usefulness
PATENT FILING IN INDIA
Patent application is filed with the Controller of Patents in India along with provisional or complete specifications. Claim or claims define the scope of the invention for patent protection. Once granted, the patent is sealed in the name of patentee. The patentee can exploit the patent working or selling or by assigning or licensing.
PROCEDURE OF FILING PATENTS
Filing of patent application
Filing of complete specifications, if not done already (within 12 months of application)
Examination of application on request
Publication of application (after 18 months from application date) Acceptance and advertisement of complete specifications
Opposition
YES
Scrutiny NO
YES Grant Grant and sealing of patent
NO
FOUR INCENTIVES THAT THE PATENT SYSTEM CATERS TO
Incentive to invent
Incentive to disclose Incentive to commercialize Incentive to invent substitutes
RIGHTS OF A PATENTEE
Right to exploit the patent
Right to Grant license Right to surrender Right to sue for infringement
TRANSFER OF PATENT
Assignment
License Transmission of Right by Operation of Law
SOFTWARE PATENTABILITY ISSUES
Business Methods
Since 1998 Algorithms are Patentable in U.S. Technicality Embedded in Hardware
COPYRIGHTS VS PATENTS
S.no. 1 2 3 Attribute Country/Continent Age Fee Copyright Europe 70 Cheap Patent U.S.A. 20 Costly
The code/expression of any software is internationally protected by copyright law. There is no reason to protect the ideas/functionality of that software as well.
PATENTS VS. COPYRIGHTS
U.S.A
EUROPE
INDIA
Patents Copyrights
MERITS OF PATENTS
Helps small firms grow
Big firms expands Give boost to innovators & entrepreneurs
DEMERITS
If authority is weak or corrupt invalid patents are issued.
Bigger firms only gain. Patents for only incremental steps in Software Industry. No relation between Software patents and R&D inventions.
MAJOR S/W PATENT CASES
Yahoo's big patent war escalation: a lawsuit against Facebook. Samsung Electronics Co. filed patent infringement lawsuits against Apple. Google approved new lawsuit against Apple iPhone and iCloud. Oracle sues Google for Java patent, copyright infringement. Accenture and Guidewire Software over insurance claims management software.
CONCLUSION
Patents are either good or bad.
Patent authority requires more research to make Patent Quality bench marks.
Over Patenting kills Innovation.
REFERENCES
http://ipindia.nic.in/ipr http://www.uspto.gov www.guardian.com www.google.com http://www.guardian.co.uk/technology/2012/jan/26/googlemotorola-lawsuit-apple-iphone?INTCMP=ILCNETTXT3487 http://newsroom.accenture.com/article_display.cfm?article_id=53 16 http://www.zdnet.com/blog/btl/oracle-sues-google-for-java-patentcopyright-infringement/38013?tag=content;siu-container http://arstechnica.com/tech-policy/news/2012/03/yahoos-bigpatent-war-escalation-a-lawsuit-against-facebook.ars http://techcrunch.com/2012/04/03/facebook-yahoo-patent/
REFERENCES
http://www.itu.int/en/ITU-T/publications/Pages/recs.aspx http://www.indianpatentlaw.com/ http://www.copyright.in/register_copyright_deposit.html#ix zz1rtzoh4Mc http://www.ipfrontline.com/depts/article.aspx?id=11882&d eptid=6 http://arstechnica.com/tech-policy/news/2012/03/yahoosbig-patent-war-escalation-a-lawsuit-against-facebook.ars http://techcrunch.com/2012/04/03/facebook-yahoo-patent/ http://techcrunch.com/2012/04/03/facebook-yahoo-patent
