Patent & GI

8/2/2019 Patent & GI

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PATENTS & GEOGRAPHICAL

INDICATIONS

Group No - 7

Saurabh Mulye – 120 Neeta Nainani – 121

Mansi Patil – 130 Gaurav Sapra – 136

Vinay Singh – 151 Akanksha Raje – 158



PATENT

• A patent is not a right to practice or use the invention. A patent

provides the right to exclude others from making, using, selling,offering for sale, or importing the patented invention for the term of the patent (usually 20 years from the filing date) subject to thepayment of maintenance fees

• What can be patented?

- New & Novel - Non obvious - Capable of industrialapplication

• Difference between discovery & invention

• Patentee, Patented Article & Patented Process

• Patents encourage Research & Inventions

• Lead to disclosure of inventions, transfer & dissemination of

technology



• Frivolous invention contrary to well established natural laws

• Contrary to public order or mortality

• New use or new property of a known substance , process or

machine

• Mixture of substances or re-arrangement of devices

• A method of agriculture or horticulture

• Any process for treatment of human beings or animals

• Plants & Animals in whole or seeds, varieties and species

INVENTIONS NOT

PATENTABLE



• A mathematical or business method or a computer programme per

se or algorithms

• Literary, dramatic, musical or artistic work

• A mere scheme, rule or method of performing mental act ormethod of playing games

• A presentation of Information or Topography of integrated circuits

•A traditional knowledge or an aggregation or duplication of knownproperties of traditionally known component

• An invention relating to atomic energy that falls within sub-section(1) of Section 20 of the Atomic Energy Act, 1962

INVENTIONS NOT

PATENTABLE



Can Apply• A true and first inventor of the invention

• Assignee of the person claiming to be the true & first inventor

• Legal representative of the deceased person who was entitled to make an

application immediately before his death

Cannot Apply• Financing partner with no contribution for the invention

• Firm of partnership cannot be treated as an inventor

APPLICATIONS FOR

PATENTS



PATENT PROCEDURE IN

INDIA



FILING OFAPPLICATION

FORMALITYCHECK

PUBLICATIONREQUEST FOREXAMINATION

EXAMINATION ISSUANCE OF FER

RESPONSE FROMTHE APPLICANT

GRANT OF APATENT

PRE-GRANTOPPOSITION

POST GRANTOPPOSITION



Rights of a Patentee



Rights conferred on a patentee are:

1) Exploitation of the patent.

2) Licensing the patent to another.

3) Assigning a patent to another.

4) Surrendering the patent.

5) Suing for infringement of the patent.



Exploitation of the patent

Eg.I - Ramesh got a patent for a revolutionary bicycle design.

This means that he has an exclusive right to manufacture and

market the bicycle for 20 years.

Eg. II –Suresh developed a process by virtue of which the main

component of Aspirin, namely, Acetyl Salicyclic Acid can beproduced 10 times faster and gives a greater yield than is

currently possible. Suresh does not apply for a process patent.

Therefore, he does not have an exclusive right to exploit the

invention.



Licensing the patent to another

1. Voluntary

2. Statutory

3. Exclusive



Licensing the patent to another

Eg. Ramesh has a product patent for a breadmaker which can simultaneously knead the

dough, bake the bread and make sandwiches

out of them.



Ramesh grants a license to Tanya to manufacture a

part of the bread maker on payment of an annualroyalty??

As the bread maker is not available to the public ata reasonable price the Central Government obtainsa license on the bread maker on compensatingRamesh??

Ramesh grants Suresh an exclusive license tomarket the bread maker in the whole of Asia??



Assigning a patent to another

1. Legal assignment: A legal assignment is donethrough an agreement and is duly registeredwith the Controller

2. Equitable assignment: The assignment isthrough a letter and not a duly registeredagreement.

3. Mortgage: to secure the payment of aspecified sum of money



Surrendering the patent

Eg. Suresh has a process patent on thecushioning and technology used in basketballshoes. He has exploited the patent for over 12

years.

With technology evolving every day, Suresh no

longer wants to retain his patent. Accordingly,he surrenders his patent by giving notice to theController



Suing for infringement of the patent

Infringement maybe in the form of:

1. Colourable imitation of an invention,

2. Immaterial variations in the invention (slightmodification)

3. By using mechanical equivalents in theinvention.



Reliefs available to the patentee

Injunction

An injunction is an order of the court prohibiting

someone from doing some specified act.

• temporary or interlocutory injunctions,

• permanent injunctions.



• Damages or account of profits

Account of profits is that part of the profitswhich can be attributed to the use of the

patentee’s invention by the infringer

Reliefs available to the patentee



Exceptions to the rights of a patentee

1. Government use of patent.

2. Compulsory licenses.

3. Use of inventions for defense purposes.

4. Revocation for non-working of patents.

5. Limitation on restored patents.



INFRINGEMENT OF PATENTS

Meaning

Importance

Protecting your Patents



Transfer of Patent Rights A patent is a transferable property. It can be transferred

from the original patentee to any other person byassignment ,licence or operation of law.

Assignment : Transfer by a party of all of its rights and

interest in the property.

Legal assignment

Equitable assignment

Mortgage



Licence

Voluntary licence

Statutory licence

Exclusive/limited licence

Express/implied licence

Transmission of Patent by operation of law



• A Patentee A in respect of a machine useful in

automobile industry assigns his right in the patent to

B through an agreement which written and duly

registered in the Patent Office.

• A patentee D writes a letter to E whereby he assigns

to E the right to make and sell the invention withinthe territory of Delhi.

• A grants a licence to B to manufacture the patented

article and gives C the licence to sell it in the territory

of U.P. only.



Revocation of Patents

• Various grounds for revocation, if a patent is

mischievous to state or prejudicial to public

For invention relating to atomic energy

Compulsory licence

Not used for the purpose of government

Petition by an interested person

• Surrender of Patents.



Geographical Indication



Meaning

• Geographical indication is an indication.

Types of goods-

Agricultural

Natural

Manufactured

• Appellation of Origin

• Examples- Nagpur Orange , Basmati Rice,Kanchipuram Silk, Darjeeling Tea



Features

• Any association of persons, producers,organizations or authority established can applyfor GI under the law.

•

Registered Proprietor.• Registration is not compulsory.

• Validity- 10 years.

• Renewable.

• Shall not be assigned, transmitted, licensed,pledged, mortgaged.



GI v/s Trademarks

GI

• Source Identifier.

• Identifies the products with

the place of production ororigin.

• community rights

• cannot be assigned,

transmitted or licensed.

Trademark

• Source Identifier

• Identifies the products with

the manufacturer

• individual right

• can be assigned as well as

licensed



Prohibited GI

•the use of which would be likely to deceive or cause confusion

• the use of which would be contrary to any law for the time

being in force

• which comprises or contains scandalous or obscene matter

• which comprises or contains any matter likely to hurt thereligious susceptibilities of any class or section of the citizens

of India

• which would otherwise be disentitled to protection in a court

• which are determined to be generic names or indications of goods

• Which falsely represent to the persons that the goods

originate in another territory, region or locality



Infringement & its Remedies

• Unauthorized use that suggests that such goodsoriginate in some other geographical area otherthan the true origin of the goods which misleadthe public.

• all acts of such a nature as to create confusion byany means

• false allegations in course of trade of such anature as to discredit the establishment

• GIs, the use of which in the course of trade isliable to mislead the persons

• Remedy.



Case

India-US Basmati Rice Dispute

• Bas – Aroma, Basmati – Aromatic Rice

• Production area – belt on Northern India and adjacentpart of Pakistan

• 1997-RiceTec was granted patent by the US patentoffice

• It violated the Geographical Indications Act under theTRIPS agreement

•RiceTec lost or withdrew most of the claims of thepatent, including, most importantly, the right to calltheir rice lines "basmati."



GEOGRAPHICAL INDICATIONS

REGISTERED IN INDIAGeographical Indication Product State

Darjeeling Tea Tea West Bengal

Pochampally Ikat Textile Andhra Pradesh

Chanderi saree Textile Madhya Pradesh

Kotpad Handloom fabric Textile Orissa

Kota Doria Textile Kota, Rajasthan

Kancheepuram silk Textile Tamil Nadu

Bhavani Jamakkalam Textile Erode,Tamil Nadu

Mysore Agarbathi Incense sticks Mysore, KarnatakaAranmula Kannadi Metal Mirror Kerala



Thank You

Patent & GI

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