Guys it is a outcome of my personal interest and efforts ,in which the topic i loved very much.

1. IPR AND PATENT
Presenter
Mr Sunish sudhir Jagtap
Guide
Dr L .Sathiyanarayanan
BVDU 11/7/2015

2. INTELLECTUAL PROPERTY RIGHTS
Property desingnates to those things which are
commonly recognised as being the possessions of an
individual or group….
In easy language we can say that any object
(house,car,other investements) which belongs to you
means owned by a person and only belongs to him
only….. BVDU 21/7/2015

3. Property
Tangible(physic
al)
land,house,building
Intangible
i.E cannot be felt physically
Ex .intellectual property.
Copright on a book/article,logo
readydesign.jpg representening a
company /and its products1/7/2015 BVDU 3

4. CONCE
PTRights given to the people over the creation of their minds …They usually
give the creator an exclusive right over the use of his her creations for a
certain period of time…
x
z
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5. Now again IPR is classified in two parts….
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IPR
Industrial property Copyright

6. 1/7/2015 BVDU 6
INDUSTRIAL PROPERTY-
An industrial property having direct relation to industries is
called industrial property….
Patents and invention
trademarks
Industrial designs
Geographical indications

7. COPYRI
GHT
Relates to artistic creations
1/7/2015 BVDU 7
poemsNovels,cinema
tographic
work
Music,painting

8. A closely associated field is related rights/rights related to copyright .
PERFORMERS PRODUCERS OF BROADCASTING
ORGANIZATION
(ACTORS) PHONOGRAMES(DISC) IN RADIO
AND
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BENEFICIARIES

9. DURATION OF INTELLECTUAL PROPERTY
1/7/2015 BVDU 9

10. MAIN FIELDS OF APPLICATION OF IPR
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11. 1/7/2015 BVDU 11

12. PATENT…….
1/7/2015 BVDU 12

13. WHAT IS PATENT???????
Patent is a grant for invention by government to the inventor in exange for
full disclosure of the
Invention.
It is also defined as “Exclusive right granted by law to applicants /assignees
to make use of inventions for a limited period of time (20 years from filling).
1/7/2015 BVDU 13

14. WHAT CAN BE PATENTED???
Any invention which can be a product or process that provides a new way of
doing
Something or offers a new technical solution to something.
What cannot be patented…
Any inventions falling within section 20(1) of the atomic energy act .1962…
(1) As from the commencement of this Act, no patents shall be granted for
inventions which in the opinion of the Central Government are useful for or
relate to the production, control, use or disposal of atomic energy or the
prospecting, mining, extraction, production, physical and chemical
treatment, fabrication, enrichment, canning or use of any prescribed
substance or radioactive substance or the ensuring of safety in atomic1/7/2015 BVDU 14

15. ‘INVENTION’ UNDER PATENT LAW
Sec 2(1) of the patent act ,1970 invention means a new product for process
involving an inventive
Step and capable of industrial application and capable of industrial application.
Patentable invention-
It should meet the following requirement
1/7/2015 BVDU 15
criteri
a
novel
ty
Inventive
step
Industrial
applicability

16. novelty :
the mater disclosed in the specification is not published in india
or elsewere before the date of filling of the patent application.
Inventive step
The invention is not obvious to a person skilled in the art in the
light of the prior publication /knowledge /document .
Industrial applicability:
invention should possess utility ,so that it canbe made or used
in an industry.
1/7/2015 BVDU: 16

17. Types of patent application…
1/7/2015 BVDU 17
Patent
application
Ordinary
application
Devisional
application
International
application
Convention
application

18. 1)Ordinary application- general application given for the patent
2)Patent of addition-: Granted for improvement of modification of the
already patented invention.for an unexpired term of the main patent.
3)Divisional application:Incase of plurality of inventions disclosed in main
application.
4)Convention application:
Claiming priority date on the basis of filling in convention countries.
5)International application :
Filling in all designated countries.
1/7/2015 BVDU 18

19. WHO CAN APPLY FOR PATENT?
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ALONE
JOINTLY WITH
ASSIGNEE/LEGAL
REPRESENTATIVE
OF ANY
DECEASED
INVENTOR OR
HIS ASSIGNEE

20. ESSENTIAL DOCUMENTS WITH
PATENT APPLICATION-
A)PROVISIONAL SPECIFICATION:filed when the invention delay is
expected in submitting full and specific description of invention
It is followed by complete specification,complete specification is
submitted within 12 months of filing provisional specification.
B)COMPLETE SPECIFICATION:
Title of invention,
Field of invention,
Background of invention with regard to the drawback associated with
known art.
Objective of invention
Statement of invention
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21. Summary of invention
Brief discussion of the invention
Detailed description of invention with examples /drawing
Claims
Abstract
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22. Grant of patent:
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Examiner determines the procedural validity and compliance
Controller makes allotement of the application to the examiner
Application is filed with one of the patent offices

23. First examination report in 18-24 months
Prior art search covering publicatioin india and abroad
Examination of patent application
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24. Section 24 allows for opposition of any member of public
If requirements are complied with ,the claims of patent are published in gazette of the patent office..takes
6 months
Objection/adverse report if any of the examiner is to be communicated to the applicant for compliance
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25. Controller shall seal the patent with seal of patent office and date of sealing
After accepting the complete specification the patent is granted to the applicant
If the applicant overcomes the oppositions and the examiner accepts the submitted complete specification by
advertisimg in official gazzet
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26. 1/7/2015 BVDU 26
Any person intended can
oppose the grant of patent
within 6 months from the
date of publication in
official journal
Why he is
opposing?
If patent
wrongfully
obtained
Invention is
obvious to person
skilled
Claims do not
relate to an
invention,
Best made is not
disclosed

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Patent infringement:
infringement occurs when:
Manufacturer ,sale, or import of a patented invention,without permission from patent owner

28. Penalties:
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Compulsory licenses- allow govt to license
third parties (other than patent holder)to
produce and market a patented product or
process or process without the consent of
patent owners.
Any time after 3 years from date of sealing
of a patent ,application for compulsory
license can be made.

31. Compulsory licenses are granted because:
Reasonable requirments of public have not been sastisfied…..
Patented invention is not availaible to the public at affordable price
Or patented invention is not worked in india.
Section 92A of patents act ,1970
provides for compulsory
licensing of patents relating to
manufacture of pharmaceutical
products for export.
1/7/2015 BVDU 31

32. CASE STUDY :INDIA: THE ‘TARCEVA’
PATENT CASE
Last Updated: 21 November 2012
Article by Kamakhya Srivastava
Roche vs. Cipla marks the end of the first phase of a key battle between
big pharma and the Indian generic industry. The infringement action
brought by Roche against Cipla and Cipla's counterclaim for Roche's
patent invalidity was both dismissed.
Roche was granted Indian Patent No. IN '774 in February 2007, under
which per Claim 1, they had patent rights over the Erlotinib Hydrochloride
(EH) molecule (which has demonstrated breakthrough capabilities as an
Epidermal Growth Factor Receptor (EGFR) inhibitor which spiked survival
benefit in non-small cell lung cancer (NSLC) patients). Based on media
reports declaring Cipla's intention to launch a generic version of Roche's
drug in January 2008, Roche moved the Delhi High Court seeking to
injunct Cipla from marketing Erlocip. Cipla counterclaimed, arguing that
Roche's patent was invalid.1/7/2015 BVDU 32

33. 1/7/2015 BVDU 33
The judgment deals with two key issues:
[1] Whether the manufacture of Erlocip
infringes Roche's IN '774 patent and
[2] Whether Roche's IN '774 patent ought to be
revoked as being invalid.

34. 1/7/2015 BVDU 34
1. The manufacture, marketing and
sale of Cipla's generic version of the
Roche's patented product do not
infringe Roche's Indian Patent
196774.
2. Roche's Indian Patent 196774 is
valid against the grounds raised by
Cipla in its written statement and
counter-claim.
3. A permanent injunction is denied
to Roche.
4. The counter-claim proves that
Roche's subsequent US Patent
6900221 is directed at the
compound of claim No.1 of the suit
patent is a mixture of the two,
Polymorph A and B Compound and
need to be separated to perform and
get the claimed compound for
acceptable efficacy.

35. CIPLA WON THE LANDMARK
“ROCHE” VS CIPLA LITIGATION
1/7/2015 BVDU 35
Indian Generic manufacturer Cipla has won the
landmark Roche v. Cipla Patent Infringement
case in the Delhi High Court over Cipla’s Generic
version of Anti-cancer Drug Erlotinib. The case
is the first Patent Litigation in India post India’s
2005 Product Patent Regime which included
public interest and pricing issues in addition to
India’s Section 3d that prevents evergreening.
The case was followed by Pharma Giants
worldwide. Justice Manmohan Singh has passed
the judgement in favour of Cipla stating that
Cipla did not infringe Roche’s Indian patent IN
196774. According to the Judge, it was
scientifically proven that Cipla’s Generic Drug is
the Polymorphic Form B which is not Roche’s
patented Drug.

36. THE LEGAL PROTECTION OF
NEW CREATIONS IS NECESSARY
BECAUSE IT ENCOURAGES
INNOVATION.
THE PROMOTION AND PROTECTION OF
IP GIVES ECONOMIC GROWTH
,CREATES NEW JOBES AND
INDUSTRIES,AND ENHANCES THE
QUALITY AND ENJOYEMENT OF1/7/2015 BVDU 36

37. REFERNCES….
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1) www.caa.in/Image/34_hb_on_IPR.pdf - Adukia Rajkukumar S., Handbook of Intellectual
Property Rights in India.
2) Dr. Kuchekar B. S., Khadtare A. M., Itkar Sachin C., ‘Forensic Pharmacy’, Eighth edition,
Nirali Prakashan, Pg. no. 16.1-16.20.
3) Subbaram N. R., “What Everyone Should Know About Patents”, Second edition, Pg no. 1-16,
17-45, 77-84.
4) ipindia.nic.in
5) www.patentoffice.nic.in
6) ipr.icegate.gov.in

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