This document provides an overview of intellectual property rights (IPR) in India, focusing on patent laws. It discusses that IPR includes patents, trademarks, copyrights and more. For patents, it outlines the Patent Act of 1970, including that patents protect inventions for 20 years and can be granted to individuals or assignees. The stages of filing a patent application and granting are described, including opposition and revocation processes. Rights of patentees to prevent use of patented inventions are explained. Infringement and related legal reliefs are also summarized.

1. Intellectual property act
Course: BBA I
Subject : Introduction to Business Organization
Unit: 5

2. Intellectual property Rights
• Intellectual Property (IP) is defined as any
"original creative work manifested in a
tangible form that can be legally protected“
Legislations covering IPRs in India
Patents- Patent’s Act 1970
Design- The Design Act 1999
Trademarks- Trademark Act 1999
Copy rights- Copy Right Act 1957

3. IPR
Patents
Geographical
Indications
Trademarks
Works of Art
Literature
Music
Broadcasting
Dramatics Works
Sound Recording
Computer ProgramsIndustrial Design
Classification of IPR
Intellectual Property
Copyright

4. • The first act was enacted in 1856 by Great Britain.
• Was constituted with revised version in 1970.
• Objective is to encourage, protect and maintain a
continuous flow of inventions.
• Inventions means a new product or process involving
an inventive step and capable of industrial application.
• An invention is not property unless it has been
patented.
• The patent must be in form of invention & not
discovery
• One invention only one patent.
• Patent shall have effect throughout the India.
Patent Act ,1970

5. Who can apply for Patent?
An Application by any of following persons,
1. By any person claiming to be true and first
inventor of the invention.
2. By any person claiming the assignee of the
person claiming true and first inventor.
3. By legal representative of any deceased
person who immediately before his death
entitled to make such an application.

6. STAGES - FILING TO GRANT OF PATENT
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
Revocation/Amendment
OPPOSITION
• PROMPTLY AFTER 18 MONTHS
• WITHIN 48 MONTHS FROM F.D.
• ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
• WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL. / COMPLETE
Decision of
Controller
EXAMINATION-ISSUE FER
Appeal
Appellate Board

7. Rights of Patentees
• Patent is a product, the exclusive right prevent
third parties from the act of making,
using,selling or importing that product in
INDIA.
• Patent is process, the exclusive right prevent
third parties from the act of using, offering for
sale, selling or importing for those purpose
the product directly obtained by that process
in India.

8. Term of Patent
• Every patent granted and the term of every
patent which has not expired and has not
ceased to have effect shall be 20 years from
the date of filing application.
• On cessation of patent due to non payment of
renewal fees or on expiry of the term of
patent , shall not be entitled to any
protection.

9. Opposition
• Pre-Grant Opposition
– A representation for pre-grant opposition can be
filed by any person within 6 months from the date
of the publication of the application or before the
grant of the patent.
• Post-Grant Opposition
– Any interested person can file post-grant
opposition within twelve months from the date of
publication of the grant of patent in the official
journal of the patent office.

10. Revocation of Patents
• Invention earlier claimed
• Patentee not entitled to apply
• Patent wrongfully obtained
• Subject claim not an invention
• Claims not new
• Invention is obvious and not new
• Invention not useful.
• Invention not fairly and sufficiently described

11. Contd.
• Claim not clearly defined
• False suggestion
• Claims not patentable
• Failure to disclose information
• Contravened secrecy
• Amendment obtained by fraud
• Wrong mentions
• Patent has expired
• Requirement is not satisfied.

12. Infringement
• When rights of the patentees are infringed by
anyone
• Burden of proof lies on defendant (infringer),
however the patentee shall first prove that
product or process is identical to patented
product or process

13. Reliefs in case of infringement
Suit needs to be filled with District or high court.
Within 3 yrs
By patentee or assignee of patent
• Relief which court may grant in any suit for
infringement of a patent include,
1. An injunction (prohibition)
2. Damages
3. An account of profits

14. References
1. Fundamentals of Business Organization and
Management by Y.K.Bhushan- Sultan Chand
publications
2. Principles & Practices Of Management by L M
Prasad – Himalaya Publishing House

15. Thank You!!