This document discusses intellectual property rights in India, focusing on patents. It outlines the objectives of the patent system, which are to encourage indigenous industry and innovation. It describes the criteria for a patentable invention, including novelty, inventive step, and usefulness. It also discusses the patent application process, from filing a provisional or complete specification to opposition and granting of a patent. The document notes India's obligations under TRIPS to provide product patents and the implications for the pharmaceutical industry and access to medicines.

1. Intellectual Property Rights

2.  Patents
 Copyright
 Trade Marks
 Geographical Indications
 Industrial Designs

5.  Extends to the whole of India
 Objective:
 encourage indigenous industrial growth
 Fostering innovation and technology and bringing
new inventions to market for the benefit of
society

6.  Invention:
 New product or process involving an inventive
step and capable of industrial application
 Includes any new and useful art, process, method
of manufacture
 Product, machine, apparatus, substance or other
article and includes new and useful improvement

7.  Patentable Inventions: Criteria
 Novelty
 Non-obviousness (Inventive Step)
 Usefulness

8.  Non-patentable inventions:
 Frivolous
 Contrary to law, injurious to public health
 Formulation of abstract theory
 Discovery of living and non-living substances
 Medicinal, surgical, curative, prophylactic,
diagnostic or therapeutic treatment of human
being or animal

9.  Method of agriculture or horticulture
 Mere rearrangement of known devices
 Presentation of information
 Traditional knowledge

10.  Patent is defined as ‘monopoly granted by the
central government to the applicant (subject to
certain conditions) for a limited period
(20years) in lieu of full disclosure of invention
OR
 Exclusive right granted to the owner of an
invention to make use, manufacture and
market the invention within the framework of
law

11.  Avoids duplication of research
 Updating of latest development in various
fields
 Improvement of technology to provide better
and more economical products
 Serves as an indicator of achievements in
R&D
 Helps to frame business strategy

12.  Product patent
 Process patent
OR
 Independent Patent
 Patent of an addition

13.  Can be filed in appropriate Patent Office
 Application may be filed with Provisional
Specifications
 Complete specifications to be filed within 12
months

14.  Every complete specification shall
 Fully describe the invention and its operation
 Disclose the best method of operation/performing
the invention
 End with a claim/claims defining the scope
 Accompanied with an abstract providing technical
information

15.  Provisional Specifications
 To establish priority of invention
 Registers the earliest authorship on first cum first
basis
 It has to be followed by complete specification
within 12 months

16.  Allotment of the application to specific
examiner
 Examiner determines the procedural validity
 Prior art search covering publications in India
and abroad
 First examination report: 18-24 months
 Objections of examiner to be communicated
to the applicant

17.  On compliance, applicant will be informed
about the acceptance of claims
 Published in Gazette of Patent office
 Opposition by any member of public within 4
months of publication
 Applicant has all the rights and privileges of
an inventor
 Controller of Patent Office shall seal the
patent with the seal of Patent Office

18.  Manufacture, sale or import of patented
invention without permission from patent
owner
 Suit can be filed in District Court
 Relief includes: damages on account of loss of
profit, seizure of infringing goods
 Civil offence NOT criminal

19.  Refusal to grant licence
 Imposing unreasonable terms on licences
 Restrictive conditions on use, sale, lease of
patented article
 Meeting demand solely by importation and
not by local manufacturing

20.  Granted three years after the date of grant of
patent
 Issued for the interest of public to avoid
abuse of patents
 Patent holder imposes unreasonable terms or
conditions on licence
 National emergency with respect to public
health

21.  Prior to 1999 amendment to PatentsAct,
only process patent was available
 As signatory toTRIPS agreement, India was
given time till 2004 for implementing full
protection for product patent
 Till that time, EMR was granted for some
products

22.  Trade RelatedAspects of Intellectual
Property Rights
 InternationalAgreement by members of
WTO
 Minimum standards that member countries
have to provide strong IP protection in their
domestic law

23.  Important challenge: high cost of essential
medicines due to patent protection
 Before adoption ofTRIPS, Indian drug
industry was making low priced generics in
market
 Patent protection may allow pharmaceutical
companies to take advantage of their
monopoly

24.  Some room for countries to take measures to
protect public health
 2001 Doha Declaration and 2003 decision
enables countries to import pharmaceuticals
under compulsory licence