INTELLECTUA

L PROPERTY
RIGHTS

(IPR)
INTELLECTUAL PROPERTY RIGHTS (IPR)

Intellectual property is created by intellectual activity .Intellectual

property rights are legal rights .Intellectual property refers to the
creation of the mind such as inventions ,literacy ,artistic work, symbols ,
names , images and designs used in business.
• Today intellectual property rights(IPR) have become very important
because of substantial cost involved high innovation , which if not
registered as excusive rights of reproduction and use may fall into
unscrupulous hands and business adversely affected .The law that
protects the intellectual property rights is known as intellectual
property law. For example :
• The law of patents protects the inventions.
• The law of copyright protects the literacy work of authors and artistic
Work such as novels , poems , plays , films and music work etc.
• The law of trade marks protects the trade mark used by
businessman for their goods and services.
DEFINITIONS OF IPR
According to world intellectual property
organization “Intellectual property is a legal right
such that results from intellectual activity . The
intellectual activity may involve any activity in the
industrial , scientific , literacy and artistic field”
In simple words , intellectual property rights
(IPR) allow the creators and owners to have the
benefits from their works when these are exploited
commercially.
 Classification of intellectual property

Intellectual property

Industrial copyright
• Literacy work literacy work
• Trademark novel , poems , film
• Industrial design music work
artistic work
drawing work
painting
PATENT

A patent is a legal document that protects an invention from being

used, copied or manufactured by anyone other than the inventor. It
provides protection for the invention .The protection is provided for
a limited period of time say 20 years . Once a patent expires ,the
invention loses its protection .patent protection means that the
invention can not be used or solid without the permission of patents
owner .The patent owner may give permission or give license to
other parties to use the invention.
DEFINITION OF PATENT
“ A patent is an exclusive monopoly granted by the
govt. to an inventor over his invention for a limited
period of time ‘’
In other words, it provides legal right to prevent
others from exploiting an invention.
 TYPES OF PATENT
• Utility patent
• Design patent
• Plant patent
Procedure for registration of a patent
An inventor or any other person/ company assigned by the inventor
can apply and obtain over the invention. Following are the steps for
registration of a patent under the patent act:
ST 1: Filling an application of an patent : the procedure for a grant of
a patent starts with filing of the patent application with the
prescribed fees , at the appropriate patent office. Patent head offices
are located at Kolkata, Mumbai , Delhi and Chennai. A provisional
and complete specification should be attached with application form:
1. Provisional specification : It provides only a brief description of
the invention.
2. Complete specification: It provides full detail or description of
the invention. It includes-
Tittle of invention
Field of invention
Background of invention
The summary of invention
complete specification must be filled with in 12 months
from the date of filling of the provisional specification.
ST:2 Examination of application : The application field is refered to an
examiner for examination of the application. The examiner has to give
the report to the controller on the following points:
• Wheather the application , specifications and other documents are in
the accordance with the rules of patent act ,1970
• wheather there is any lawful ground of objection to the grant of patent
• Any other important matter connected with the subject matter , consider
relevant and important.
The examiner gives the report to the controller with in 14
month from the date of reference.
ST:3 Acceptance of the application for patent: after receiving the report,
the controller may accept the application for a patent.
ST:4 Advertisement of complete specification: after the acceptance of the
application , the controller advertises it in the official gazeete.
ST:5 Opposition to the grant of the patent : Any concerned party may
oppose the grant of the patent with in 4 months from the date og
advertisement.
ST:6 grant and sealing of patent : A request for the sealing of a patent
shall be made with in 6 months from the date of advertisement of the
acceptance of complete specification.
INFRINGEMENT OF PATENT
Infringement of patent means violation of the exclusive rights of patent
holder. No other person or company can make use or sell the invention
registered under the patent act. In case of infringement the patentee has
to right to file suit against the party .
REMEDIES AGAINST INFRINGEMENT OF PATENT
Following remedies are available to the patentee against the
infringement of patent
The patentee has an option to file suit against the defendant.
The patentee can claim the profits made by the defendant.
The patentee can claim the damages against the trade loss due to
infringement of the patent.