1. Protecting your Intellectual Property (IP)
Session Title
Protecting your Intellectual Property (IP)

2. Presentation Plan Introduction to Intellectual Property (IP)
Patent Protection Basics
Common Patent Myths
Recent Patent Trends
Monetization and Enforcement of Patents - Case Studies of Indian and Global Patent Successes

3. Presentation Plan Introduction to Intellectual Property (IP)
Patent Protection Basics
Common Patent Myths
Recent Patent Trends
Monetization and Enforcement of Patents - Case Studies of Indian and Global Patent Successes

4. Intro to IP What is IP? Examples of IP around you?
Any creation of human intellect
Most of the times associated with a commercial value
Examples of IP around you?
Geographical Indication (GI)
Inventions
Marks
Designs
Artistic works

5. Intro to IP What are IP laws?
Involves creating, vesting, and using exclusive rights for intellectual creations such as
Musical, literary, artistic works…
Words, phrases, symbols, aesthetic creations…
Product, processes…
Indian IP Laws
Inventions - Indian Patent Act, 1970
Marks – Trademarks Act, 1999
Industrial Designs – Design Act, 2000
Literary Works – Indian Copyright Act, 1957
GI - Geographical Indications of Goods (Registration and Protection) Act, 1999
Key Features of Indian IP Laws
Creates private rights (Intellectual Property Rights or IPRs)
Violators liable for civil and criminal action
Rights transferrable and licensable just like property rights
Restricted to jurisdictions
Requires registration
Note: No specific laws to protect trade secrets

6. Forms of IPR Trademarks Patents Copyright Forms of IPR Trade Secrets
Marks/Words/Phrases
10 years (Can be extended infinitely)
Registration required but not compulsory
Protects inventions
20 years
Full disclosure of your IP to public
Registration mandatory
Artistic works
Lifetime of author + 50 years
or 50 years from date of
publication acc to the case
Registration required but
not compulsory
Copyright
Forms of IPR
Trade Secrets
Industrial Design
Processes/Compositions
Infinite term
No registration required
Designs – Aesthetics
10-15 years
Registration mandatory

7. Single Product – Multiple IPRs
1. Composition: Patent or Tradesecret
2. Process of making: Patent or Trade secret
Bottle Design: Design patent
Scotch: GI
Glenfiddich Logo: Trademark

8. Presentation Plan Introduction to Intellectual Property (IP)
Patent Protection Basics
Common Patent Myths
Recent Patent Trends
Monetization and Enforcement of Patents - Case Studies of Indian and Global Patent Successes

9. Presentation Plan Introduction to Intellectual Property (IP)
Patent Protection Basics
Common Patent Myths
Recent Patent Trends
Monetization and Enforcement of Patents - Case Studies of Indian and Global Patent Successes

10. Basics of Patents Key Facts
Essence: Granted as an exclusive right by government for an invention in consideration by the disclosure of the invention by an applicant
Limited Period of Protection = 20 years
Excludes others from an unauthorized act of making, using, offering for sale, selling, or importing the patented invention during the term of the patent
Territorial right
Can be extended internationally to all major markets - protection facilitated through filing Patent Cooperation Treaty (PCT) applications or Paris Convention applications
Total No. of Patents in Force in the World (till 2008) = 6.7 million !
Total No. of Patents in Force in India (till 2008) = 30,820
Sources: WIPO Stastics Report, 2010
Annual Report, IPO

11. Basics of Patents What is Patentability?
For an invention to be patentable, it should be:
Novel - Should not be
Published any where in the world, or
Used in a country, or
Disclosed in any patent application, or
Part of Prior Knowledge anywhere in the world
Non-obviousness (Inventive Step)
Has an Industrial Application
Should not fall under exclusionary class – Examples Business Methods etc

12. Patent Procedure – Types of application
Provisional Application
Temporary application that may be filed to protect priority
Easy to file – Requires basic formalities
Results in no rights until followed by a regular patent application
Regular Application – Very Critical
Should be filed within 12 months of the provisional application (if filed)
Includes claims
Results in rights after examination
PCT Application – For foreign filings
Facilitates filing in foreign countries
Should be filed within 12 months from filing of provisional or regular application, whichever is filed earlier
Gives 30 or 31 months to the inventor to decide
International publication of your invention
Provides International Search Reports (ISRs) and International Preliminary Examination Report (IPER)

13. Stages of Patent Procedure
Filing at Indian Patent Office
Patent Preparation
&
Filing PCT or Abroad
Patent Application
Published
in India
Application Examination in India
Patent
Pre-grant Opposition (3rd party opposition)
Order of Grant
Post-grant Opposition (3rd party opposition)

14. Presentation Plan Introduction to Intellectual Property (IP)
Patent Protection Basics
Common Patent Myths
Recent Patent Trends
Monetization and Enforcement of Patents - Case Studies of Indian and Global Patent Successes

15. Presentation Plan Introduction to Intellectual Property (IP)
Patent Protection Basics
Common Patent Myths
Recent Patent Trends
Monetization and Enforcement of Patents - Case Studies of Indian and Global Patent Successes

16. Myth 1 – Patents are only for pharmaceutical compositions or medicines

17. Patents can be for Anything
US Patent No. US A device for protecting the ears of a long-haired dog from becoming soiled by food while it is eating. A tube contains and protects each of the dog's ears. The tubes are held away from the dog's mouth and food as it eats.

18. Patents can be for Anything
US Patent No. US provides a device provides a small umbrella ("Beerbrella") which may be removably attached to a beverage container in order to shade the beverage container from the direct rays of the sun.

19. Myth 2 – Patent rights are global OR
You can obtain a worldwide patent

20. Patent rights are local – There is NO worldwide patent
The patent rights are restricted to the jurisdiction in which the patent is granted
A patent granted by United States Authorities DOES NOT unenforceable in India
Patent Corporation Treaty or PCT is only an international treaty that facilitates patent filing in multiple countries
World Intellectual Property Organization (WIPO) is only an administrator
WIPO DOES NOT grant worldwide patents
Regional patent offices, such as European Patent Office (EPO), do not grant patent rights in the entire region. The approval is only on the patent and the patent is required to be validated in countries of choice (elected states)

21. Myth 3 – Software are not patentable in India they are copyrightable

22. Not entirely true
Section 3 (k) of the Indian patent act excludes software per se
Indian IP laws mandate copyright protection for software
However, companies, such as Microsoft and IBM, are regularly obtaining patents in India
The present norm is: Software embedded on a machine, and driving the machine are patentable
Software claims are allowed in US and to some extent in Europe

23. Myth 4 – Patents are very expensive to obtain

24. Presentation Plan Introduction to Intellectual Property (IP)
Patent Protection Basics
Common Patent Myths
Recent Patent Trends
Monetization and Enforcement of Patents - Case Studies of Indian and Global Patent Successes

25. Presentation Plan Introduction to Intellectual Property (IP)
Patent Protection Basics
Common Patent Myths
Recent Patent Trends
Monetization and Enforcement of Patents - Case Studies of Indian and Global Patent Successes

26. Recent Patent Trends - India
IPR is becoming serious business in India
Trademark Reforms in 1999; Patent reforms in 2005
IPR reforms reflect seriousness of the government
Rapid growth in patent filings (21% annual growth in )
75+ patent infringement cases in High Courts
At least 2 patent litigations in Supreme Court
IP is becoming an important business strategy for Indian companies.
Three fold increase in the number of patent applications filed at the Indian Patent Office (IPO) during the last six years
20% annual growth in granted patents in
~ 80% patent applications belong to foreign residents in

27. Presentation Plan Introduction to Intellectual Property (IP)
Patent Protection Basics
Common Patent Myths
Recent Patent Trends
Monetization and Enforcement of Patents - Case Studies of Global and Indian Patent Successes

28. Presentation Plan Introduction to Intellectual Property (IP)
Patent Protection Basics
Common Patent Myths
Recent Patent Trends
Monetization and Enforcement of Patents - Case Studies of Global and Indian Patent Successes

29. Sell or Assign to a patent troll
Patent Monetization
Ways of Monetization
Patent
or Assign to a company
Sell
License
Sell or Assign to a patent troll
Litigate and Enforce
Damages Or

30. Patent Power Foreign Stories Polaroid Vs. KODAK - Instant Camera Story
Polaroid inventor of instant camera : broad patents obtained in 60’s
K started developing own technology to beat P’s patents & introduced their version of the instant camera
P sued K. for infringement of 12 patents - won the suit and awarded more than US$ 1 Billion
drove K out of instant picture business for 15 years!
Kodak Vs. Fuji - Single Use Camera Story
K prepared broad patent base in US though Fuji was first in the technology
K established dominant business in US
Fuji’s late entry compelled it to compete with 28 others!!

31. Texas Instruments Story
Patent Power
Texas Instruments Story
leading manufacturer of patented transistor in 50’s
70’s & 80’s: lost market to Japanese copy cat products
Texas regains ground in late 80’s by aggressive patenting strategy
Forcing licensing on Japanese - and earning billions in royalties!!
IBM Story
Created a subsidiary company IBM Intellectual Property Licensing in 1990s
earns more than $ 1 B per year from royalties
> 30 % of net profits!!!!

32. Patent Power Indian Stories
In 2007, Bajaj sued TVS for allegedly infringing Bajaj’s Digital Twin Spark Ignition Technology
Madras High Court initially grants an interim injunction but later vacated by Supreme Court
The injunction for an year TVS Motors incurred a production and sales loss of ` 1 Billion (~ USD 23 Million) in litigation, loss of goodwill and decline of share value
Ahmadabad based Troikaa Pharma has reportedly spent `3 Crores on obtaining on patent protection on its ‘Dynapar AQ’, a diclofenac or painkiller injection
The company has already sealed licensing deals in Australia and has entered into licensing negotiations in Europe

33. Protecting your Intellectual Property (IP)
Session Title
Protecting your Intellectual Property (IP)