1. INDIAN PATENT SYSTEM Recent Advances IPR ADVANTAGE : Dr. W.M. DHUMANE
SENIOR JOINT CONTROLLER OF PATENTS & DESINGS,
PATENT OFFICE , MUMBAI

2. INTELLECTUAL PROPERTY
Creation of Human Intellect
Knowledge Assets – Tradable Commodities - capital
IPR- A Key component for success in Business
Tool for Competitiveness
IPR - “New wealth of Nations

3. INTELLECTUAL PROPERTY
Not just a tool of exploitation, but a tool of empowerment
Knowledge-based economy Characterized by
creation, possession, utilization and proliferation
of knowledge assets
Countries which pay adequate attention to
innovation and protection of IPRs win in international competition;
Knowledge assets are fast gaining importance over physical assets in Industry

4. INTELLECTUAL PROPERTY
There will be no self-relied innovation without protection of IPRs.
To protect IPRs is necessary for inspiriting domestic self-relied innovation
To protect IPRs is to respect work, respect knowledge, respect talents and respect creation
IPR is to encourage technological innovation and improve IP awareness of the whole society

5. Legislative Framework
Department of IP &P covers
Patents Act, 1970 (as amended in 2005);
Patents Rules, 2003(amended in 2006)
Designs Act, ; Designs Rules, 2001
Trade Marks Act 1999; Trade Marks Rules 2002
Geographical Indications of Goods Act, 1999;
Geographical Indications of Goods Rules, 2002
The Protection of Plant Varieties and Farmers’ Rights Act, 2001 & Rules 2003
Department of Education covers
Copyrights Act 1957 (amended in 1999)

6. - A Visual Symbol as Word, Name, Logo, Label etc
AREAS
PATENTS:
- Inventions
-Technical Solution to a Technical problem
INDUSTRIAL DESIGNS:
- External features appealing to an eye
- New Shape, Pattern or Configuration
TRADE MARK:
- A Visual Symbol as Word, Name, Logo, Label etc
- Applied on Article of Manufacture or Service
- To indicate the origin of manufacture/service.

7. COPYRIGHT-
Artistic creation
Proprietary right
comes into existence as soon as the work is created
GEOGRAPHICAL INDICATIONS
Identifies agricultural,natural or manufactured goods
originating from a definite territory in India
possessing special quality or reputation
based upon unique characteristics of the geographical location

8. What is a Patent ? A new product or process
involving an Inventive Step and
capable of Industrial application
New (novel), if it does not form a part of state of the art
Inventive Step -
A feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art
Capable of industrial application means- invention is capable of being made or used in any kind of industry

9. PATENTS Patent is an exclusive monopoly right -
granted by Government of India
for an Invention
to the Inventor or his Assignee
as a Territorial Right
In lieu of Disclosure of invention to the Government
Term of Patent: 20 years from date of filing
“ Arth Karicheye Vidhya’ (create wealth from knowledge) – Chanakya
“ Patents add fuel of interest to the fire of genius’ Abraham Lincon
“Patents are like knowledge check posts on the Innovation Highway

10. Patent System - Objectives
To encourage inventions
Patents to be worked in India on commercial
scale and to the fullest extent without undue delay
Benefits to be available to the public at affordable price
Not granted merely to enjoy right for Importation
Not to impede protection of Public Health and Nutrition
Not to prohibit Govt to Protect Public Interest, specially in sectors of vital importance for socio- economic and technological development of India
Not to be abused by a patentee and to ensure that the patentee does not resort to practices which unreasonably restrain trade or adversely affect international transfer of Technology
To give Mutual Advantage to Producers and Users
To ensure Balance of Rights and Obligations

11. INVENTIONS – NOT Patentable ( S. 3 & 4 )
(a) An Invention Which is frivolous or which claims anything obviously contrary to the well established Natural Laws
(b) Primary or intended use or commercial exploitation of which could be Ccntrary to Public order or morality or
which causes serious prejudice to human, animal or plant life or health or to the environment
(c ) Mere Discovery of a Scientific Principle or Formulation of an Abstract Theory or discovery of any living thing or discovery of non–living substance occurring in nature
(d) The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance

12. INVENTIONS – NOT Patentable ( S. 3 & 4 )
OR the mere discovery of any new property or new use for a known substance OR of the mere use of a known process, machine
or apparatus, unless such known process results in a new product or employs at least one new reactant
3 d : Explanation :
For the purposes of this clause,
salts, esters, ethers, polymorphs, metabolites, pure form, particle size,
isomers, mixture of isomers, complexes, combinations and other derivatives of known substances
shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.

13. (e) A substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance
(f) Mere arrangement or re-arrangement or duplication of known devices, each functioning independently of one another in a known way
(h) Method of Agriculture or Horticulture
(i) Any process for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or a similar treatment of animals to render them free of disease or to increase their economic value or that of their products

14. Plants & animals in whole or any part thereof other than micro- organisms, but including seeds, varieties and species and essentially biological process for production or propagation of plants & animals
(k) A mathematical method or a business method or algorithms or
a computer programme per se
A literary,dramatic, musical or artistic work or any other aesthetic creation including cinematographic work and television productions
( m) A mere scheme or rule or method of performing mental act or method of playing game

15. n) Presentation of information
O) Topography of integrated circuits.
p) An invention which, in effect, is the
Traditional Knowledge or an aggregation or duplication of known properties of traditionally known component or components
Section (4) : Inventions relating to atomic energy falling within the section 20(1) of the ATOMIC ENERGY ACT, 1962.

16. Patent Grant Procedure
Filing of patent application
Early Publication
Publication after 18 months
Opposition By Third Party Representation ( Pre Grant Opposition)
Request for examination
Examination: Grant or Refusal
Publication of Grant of patent
Opposition to the patent
(Post Grant Opposition)
Decision By Controller

17. [MEANS CHALLENGE TO NOVELTY OF CLAIMED INVENTION ]
RELATIVE NOVELTY
ANTICIPATION
[MEANS CHALLENGE TO NOVELTY OF CLAIMED INVENTION ]
PRIOR PUBLICATION PRIOR CLAIM PRIOR worldwide in India PUBLIC USE in India PATENT LITERATURE
NON-PATENT LITERATURE
The invention should be new [novel] to the public on the date of filing the application or on a priority date

18. NO ANTICIPATION
NO ANTICIPATION, if the invention is :
Published in pursuance of application filed
before OR
Obtained from the applicant and published without his consent OR
Communicated to the Govt for investigation purpose OR
A) Displayed / exhibited /used with the consent of inventor at an industrial or other exhibition, notified by Govt and / or published as a consequence thereof OR
B) RESEARCH PAPER on invention read by the inventor before a learned society and/ or published with the consent of the inventor in transactions of such society

19. And
the application for patent is filed
within twelve months from such
display / exhibition / reading / publication
Prior Use-
if publicly worked in India only for the reasonable trial which was reasonably necessary and
An application for patent is filed within one year from the date of such trial
Used/published in India or elsewhere after filing Provisional /Conventional Application

20. Inventive Step
When the invention is just an automatic or obvious extension of Prior Art, the invention lacks in inventive step.
To judge the inventive step, the question to be answered is-
“ Would a person with ordinary skills in the art have thought of the alleged invention?
If the answer is No, then the invention is non- obvious
The question -“ Is there an inventive step “? arises only if there is novelty

21. Inventive Step
It is not enough that the invention is novel i.e.,difference exists over the state of art,
but that this difference must be substantial and significant
For constituting an Inventive Step, Prior Art as a whole is to be considered.
Thus, the subject matter is compared with combination of publications or other disclosures , unlike in novelty

22. Single Inventive Concept
Patent is granted for - A single invention or group of inventions , linked so as to form a single inventive concept and there is a technical relationship among those inventions
There may be number of independent claims in the same or different categories
The common Single technical feature must be inventive enough to fulfill the requirement of non-obviousness

23. Sufficiency of Disclosure
Application must disclose the invention
as a whole,
in a sufficiently clear and complete manner,
to enable the person skilled in the art, to whom the invention relates , to make and use the invention
The skilled person may use his common general knowledge to supplement the invention
He is not expected to carry out comprehensive search to obtain further details and
He should be able to reproduce the claimed step using information given in the application without any inventive efforts

24. INDIAN PATENT SCENARIO
Pre- Modernization Scenario:
Legislative limitations, Limited Scope for patenting ,
Limited Patent Term
Patent Act not in tune with global scenario
Lack of proper search facility
Long Delay in Processing and Grant
Processing totally Manual
Lack of Trained Manpower
Lack of proper Infrastructure and Logistic
Lack of computerized environment
Low awareness
Low Filing

25. Patenting …Now Patent Act totally revamped: Patentability Criteria
Running the Race Successfully
Patentability Criteria
Publication & Examination
Processing simplified; No of forms reduced
Patent Term
Compatibility in global atmosphere
Meeting rights and Obligations

26. Patents Act ( As amended), 2005
- Salient Features
Enacted w.e.f
Both product and process patent provided.
Publication of applications after 18 months with facility for early publication.
Examination on request.
Both pre-grant and post-grant opposition.
Fast track mechanism for disposal of appeals.
Provision for protection of bio-diversity and traditional knowledge.
Term of patent: 20 years
Substantially reduced time-lines.

27. Safeguards for Users and Society in Patents Law (1)
Concerns : Public health, national security and public interest
No ever greening: No patent for a new use of a known drug or substance (Section 3):
Compulsory licences (Section 84) : Availability of products at reasonable price ensured
Special Provision of Compulsory license during national emergency, extreme urgency or public non-commercial use (section 92) to ensure availability of drugs at reasonable prices.

28. Safeguards for Users and Society in Patents Law(2)
Government use of Patents for public purpose : Compensation by mutual agreement between the Government and patent holder failing which by the High Court (Section 102)
Revocation for Patent for non-working of the patented invention ; not being available to the public at reasonably affordable price (Section 85).
Revocation of Patent by the Government in public interest (Section 66)
Bolar provison (Section 107). : facilitates availability of generic version of the patented product at competitive prices immediately on expiry of the patent.
Patent can be revoked in the interest of security of India (Section 157 A).

29. BENEFITS OF PATENTS TO PANTENTEE - I
Exclusive Right-
to make, use, exercise, sell or distribute an Invented Article or Process in India.
Right can be shared , licensed or sold
Right to initiate Legal Proceedings
against Infringement.
The Invention can be commercially
exploited without fear of copying,
imitation or unauthorised use during
Term of Patent.

30. BENEFITS OF PATENTS- II
Published patent specifications: An ocean of scientific Knowledge and technological information
Patented inventions - Open to public for free use after the term expires or ceases to be in force
Avoids duplication of Research and acts as a stepping Stone for further Research.
“You need not reinvent the wheel”
Patents give valuable guidance for-
Planning R & D
Planning strategic protection for IP- assets
Forging strategic alliances
Identifying possible collaborators /competitors

31. Benefits of Patents III
Helps industry to improve existing technology to give cheaper and better products
Identifies emerging technologies, research areas and business opportunities
Patent Portfolio- Measure of Company’s Success
Tool for increasing negotiating power
Establishes as a Pre-eminent Player
in the market
Patent - A Tool for International Trade

32. Modernization of IPO Focus
Physical infrastructure Development
Human resources Strengthening
Computerization
RE-engineering of IP-procedures
IP Promotion & Awareness
Updating Search Facilities; Patent Databases
Dissemination of IP data
IP- Manuals being finalized
Updating basic Services
IPO-functioning transparent, user-friendly and speedy.

33. New Patent Office Procedure
IPOJ
RMID-1
RMID
RECS-1
RMID-2
RECS
RECS-2
RMID-3
RECS-3
RMID-4
Tech G-1
GPM-1
GPM
E&G
GPM-2
Tech G-2
GPM-3
Tech G-3
Tech G-4

34. Comparative Trends of IPRs Granted/Registered
Year
Patents
1911
4320
7539
15316
16061
Designs
3728
4175
4250
4928
4772
Trade Marks
45015
184325
109361
100857
102257
G.I.R. 3 24 31 45

35. Patenting Activity In India
Myths about patents
Concept- knowledge is not a tradable commodity
Insufficient institutional infrastructure
Inadequate focus during project planning and execution
Pro-reverse engineering mindset
General complacent attitude
Temptation to acquire short term gains
Professional and financial insecurity
Major part of R&D being in Govt sector
Less emphasis on IPR- oriented research in PROs
Lack of Public awareness

36. Must Do… Promote Cultivation of IP Culture
Increase Capacity to Create IPRs
Encouraging IP- Commercialization and Utilization
Expediting Development of Legal System for IP
Strengthening IP- Administration, examination and registration
Formulate and implement region and industry- specific strategies on IP
Strengthen IP-information dissemination and international cooperation
Enhance professional training so as to raise the competence

37. Strong Academia - Industry partnership
Leads to Economic value addition to S&T
Academia ought to unlock the innovation potential of its knowledge base
Academia-industry should move to long term trust-based relationship
Collaboration should address the gaps between R & D and market ; undertake cooperative programs with industry
Industry should be involved at an early stage in Technology Development and R&D project implementation
Successful Enterprises should integrate R&D (in-house / outsourced) in their long term corporate strategy

38. Vision
“To transform Indian IPO by 2012 into a World class Organization through adoption of transparent, automated, customer friendly procedures assuring time bound quality services”