Dr.V.B.

Kolte College of Engineering Malkapur Department of Mechanical

Engineering
Third Year Student Semester: 5th And 6th
Syllabus and Teaching scheme

6IT05 OPEN ELECTIVE II (III) - INTELLECTUAL PROPERTY RIGHT

Course Objectives:
Throughout the course, students will be expected to demonstrate their understanding of Intellectual Property
Rights
In the following:
1. This course is intended to impart awareness on Intellectual Property Rights (IPR) and various
regulatory issues

Related to IPR
2. To make familiarizing students with the shades of Intellectual Property Rights (IPR) so as to
help them integrate. The IPR process in their project and research activities.
3. To make the students familiar with basics of IPR and their implications in Project research,
development and

Commercialization.
4. To impart awareness on intellectual property rights and various regulatory issues related to
IPR.

Course Outcomes:
On completion of the course, the students will be able to
1. Demonstrate a breadth of knowledge in Intellectual property.
2. Assess fundamental aspects of Intellectual Property Rights.
3. Discuss Patents, Searching, filling and drafting of Patents
4. Discuss the basic principles of geographical indication, industrial designs, and copyright.
5. Explain of Trade Mark and Trade Secret,
6. Investigate current trends in IPR and Government initiatives in fostering IPR.
UNIT I: Overview of Intellectual Property Rights:

Discovery, Invention, Creativity, Innovation,

a. Discovery: A new increment to knowledge. In this course we consider three types of

knowledge of physical, biological or social systems. Theoretical knowledge is increasingly
expressed as a mathematical model. Empirical knowledge is obtained from observations of new
phenomenon or observations deliberately taken to test a theoretical hypothesis. Last, but not least,
is practical knowledge. An important economic example is the practical knowledge acquired by a
workforce to make a new manufacturing plant operate efficiently. This knowledge is intuitive and
frequently very difficult to express as equations.
b. Invention: A new device or process. To qualify for a patent an invention must pass a test of
originality--that is, be sufficiently different from previous inventions. Most inventions are minor
improvements on existing inventions which do not qualify for patents. Only a small percent of
patented inventions have any economic value.
c. Innovation: A better way of doing things. Innovations can occur in all goal-directed behavior
such as profit maximization, reelection politics and personal lifestyles. Thus an innovation
improves performance in goal directed behavior as measured by a criterion. An example of a
criterion would be profit maximization in business. The advanced material at the end of this
section presents a deeper development of innovation.

History of Intellectual Property Rights (IPR),

1856 -The Act VI of 1856 on protection of inventions based on the British Patent Law of 1852.
Certain exclusive privileges granted to inventors of new manufacturers for a period of 14 years.
1859-The Act modified as act XV Patent monopolies called exclusive privileges (making. Selling
and using inventions in india and authorizing others to do so for 14 years from date of filing
specification).
1872- The Patterns & Designs Protection Act.
1883- The Protection of Inventions Act.
1888- Consolidated as the Inventions & Designs Act.
1911-The Indian Patents & Designs Act.
1999-On march 26, 1999 Patents (Amendment) Act, (1999) came into force from 01-01-1995.
2002-The Patents (Amendment) Act 2002 came into force from 20th may 2003
2005-The Patents (Amendment) Act 2005 effective from 1st january 2005

Significance of Intellectual Property Rights (IPR),

 Innovative idea a means to earn profit – Ideas do have little to no worth of their
own. IP has great untapped potential to turn your innovations into products and
services which are commercially viable. The registering of copyright and patent will
result in a constant stream of fee and increased income that will boost the overall
market result.
 Export Business Opportunities – The productivity of a company in the export
market is also improved by intellectual property. An IP right holder may use these
logos or designs to sell products and services in foreign countries and may obtain a
franchise arrangement with the overseas corporation, or export the proprietary
products.
 Encourage the ideas by securing them -There will still be people who will attempt
to duplicate the concept or development for monetary benefit if anyone has a unique
idea or development. It is also necessary to protect the IP properties until any third
party is unlawfully infringed. For all forms and sizes of companies, IP security may
be implemented. Thus, after evaluating the market needs and situations, a person
 should determine which Intellectual Property Rights (trademark, copyright or patent
registration) should be used to cover various areas of IP.
 Business Growth – Shielding their exclusive goods or services, which the rivals will
use to take away market share, resulting in steady growth and profits, is very
important for small scale enterprise. Losing a market share of a sector at the initial
level can be dangerous in the long run to its corporate health.

WHAT IS AN IPR?
Intellectual Property Rights are legal rights, which result from intellectual activity in
industrial, scientific, literary & artistic fields. These rights Safeguard creators and other
producers of intellectual goods & services by granting them certain time-limited rights to
control their use. Protected IP rights like other property can be a matter of trade, which can be
owned, sold or bought.

Overview of IPR –
Patent,
A patent is an exclusive right granted for an invention, which is a product or a process that
provides a new way of doing something, or offers a new technical solution to a problem. It
provides protection for the invention to the owner of the patent. The protection is granted for
a limited period, i.e 20 years. Patent protection means that the invention cannot be
commercially made, used, distributed or sold without the patent owner's consent. A patent
owner has the right to decide who may - or may not - use the patented invention for the
period in which the invention is protected. The patent owner may give permission to, or
license, other parties to use the invention on mutually agreed terms. The owner may also sell
the right to the invention to someone else, who will then become the new owner of the patent.
Once a patent expires, the protection ends, and an invention enters the public domain, that is,
2 the owner no longer holds exclusive rights to the invention, which becomes available to
commercial exploitation by others. All patent owners are obliged, in return for patent
protection, to publicly disclose information on their invention in order to enrich the total body
of technical knowledge in the world. Such an ever-increasing body of public knowledge
promotes further creativity and innovation in others. In this way, patents provide not only
protection for the owner but valuable information and inspiration for future generations of
researchers and inventors

Copyright,
Copyright is a legal term describing rights given to creators for their literary and artistic
works. The kinds of works covered by copyright include: literary works such as novels,
poems, plays, reference works, newspapers and computer programs; databases; films, musical
compositions, and choreography; artistic works such as 3 paintings, drawings, photographs
and sculpture; architecture; and advertisements, maps and technical drawings. Copyright
subsists in a work by virtue of creation; hence it’s not mandatory to register. However,
registering a copyright provides evidence that copyright subsists in the work & creator is the
owner of the work. Creators often sell the rights to their works to individuals or companies
best able to market the works in return for payment. These payments are often made
dependent on the actual use of the work, and are then referred to as royalties. These economic
rights have a time limit, (other than photographs) is for life of author plus sixty years after
creator’s death.

Trade Mark,
A trademark is a distinctive sign that identifies certain goods or services as those produced or
provided by a specific person or enterprise. It may be one or a combination of words, letters,
and numerals. They may consist of drawings, symbols, three- dimensional signs such as the
shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or
colours used as distinguishing features. It provides protection to the owner of the mark by
ensuring the exclusive right to use it to identify goods or services, or to authorize another to
use it in return for payment. It helps consumers identify and purchase a product or service
because its nature and quality, indicated by its unique trademark, meets their needs.
Registration of trademark is prima facie proof of its ownership giving statutory right to the
proprietor. Trademark rights may be held in perpetuity. The initial term of registration is for
10 years; thereafter it may be renewed from time to time.

Trade Secret,
It may be confidential business information that provides an enterprise a competitive edge
may be considered a trade secret. Usually these are manufacturing or industrial secrets and
commercial secrets. These include sales methods, distribution methods, consumer profiles,
advertising strategies, lists of suppliers and clients, and 5 manufacturing processes. Contrary
to patents, trade secrets are protected without registration. A trade secret can be protected for
an unlimited period of time but a substantial element of secrecy must exist, so that, except by
the use of improper means, there would be difficulty in acquiring the information.
Considering the vast availability of traditional knowledge in the country the protection under
this will be very crucial in reaping benefits from such type of knowledge. The Trades secret,
traditional knowledge are also interlinked / associated with the geographical indications.

Geographical Indication,
GI are signs used on goods that have a specific geographical origin and possess qualities or a
reputation that are due to that place of origin. Agricultural products typically have qualities
that derive from their place of production and are influenced by specific local factors, such as
climate and soil. They may also highlight specific qualities of a product, which are due to
human factors that can be found in the place of origin of the products, such as specific
manufacturing skills and traditions. A geographical indication points to a specific place or
region of production that determines the characteristic qualities of the product that originates
therein. It is important that the product derives its qualities and reputation from that place.
Place of origin may be a village or town, a region or a country. It is an exclusive right given
to a particular community hence the benefits of its registration are shared by the all members
of the community. Recently the GIs of goods like Chanderi Sarees, Kullu Shawls, Wet
Grinders etc have been registered. Keeping in view the large diversity of traditional products
spread all over the country, the registration under GI will be very important in future growth
of the tribes / communities / skilled artisans associated in developing such products.

Industrial Design &Integrated Circuit,

Industrial designs refer to creative activity, which result in the ornamental or formal
appearance of a product, and design right refers to a novel or original design that is accorded
to the proprietor of a validly registered design. Industrial designs are an element of
intellectual property. Under the TRIPS Agreement, minimum standards of protection of
industrial designs have been provided for. As a developing country, India has already
amended its national legislation to provide for these minimal standards. The essential purpose
of design law it to promote and protect the design element of industrial production. It is also
intended to promote innovative activity in the field of industries. The existing legislation on
industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve
 its purpose well in the rapid changes in technology and international developments. India has
also achieved a mature status in the field of industrial designs and in view of globalization of
the economy, the present legislation is aligned with the changed technical and commercial
scenario and made to conform to international trends in design administration. This
replacement Act is also aimed to enact a more detailed classification of design to conform to
the international system and to take care of the proliferation of design related activities in
various fields

Semiconductor Integrated Circuit means a product having transistors and other circuitry
elements, which are inseparably formed on a semiconductor material or an insulating material
or inside the semiconductor material and designed to perform an electronic circuitry function.
The aim of the Semiconductor Integrated Circuits Layout-Design Act 2000 is to provide
protection of Intellectual Property Right (IPR) in the area of Semiconductor Integrated
Circuit Layout Designs and for matters connected therewith or incidental thereto. The main
focus of SICLD Act is to provide for routes and mechanism for protection of IPR in Chip
Layout Designs created and matters related to it. The SICLD Act empowers the registered
proprietor of the layout-design an inherent right to use the layout-design, commercially
exploit it and obtain relief in respect of any infringement. The initial term of registration is
for 10 years; thereafter it may be renewed from time to time. Department of Information
Technology Ministry of Communications and Information Technology is the administrative
ministry looking after its registration and other matters.

Non-patentable criteria.

Under the Indian Patent Act, 1970, the following are not inventions within the meaning of the Act:

 An invention which is frivolous or which claims anything obviously contrary to well established natural
laws;
 An invention the primary or intended use of which would be contrary to law or morality or injurious to
public health;
 The mere discovery of a scientific principle or the formulation of an abstract theory;
 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;
 A substance obtained by a mere admixture resulting only in the aggregation of the properties of the
components thereof or a process for producing such substance;
 The mere arrangement or re-arrangement or duplication of known devices each functioning independently
of one another in a known way;
 A method of agriculture or horticulture;
 Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or
animals or plants to render them free of disease or to increase their economic value or that of their
products;
 Plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties
and species and essentially biological processes for production or propagation of plants and animals;
 A mathematical or business method or a computer programme per se or algorithms;
 A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including
cinematographic works and television productions;
 A mere scheme or rule or method of performing mental act or method of playing game;
 A presentation of information;
 Topography of integrated circuits;
 An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known
properties of traditionally known component or components;
 Inventions relating to atomic energy.
UNIT II: Patents:

Patents- Patentability Criteria,

What Are the Criteria for Obtaining a Patent?

Inventors must meet several criteria to determine if an invention is patentable. Four of the most
important criteria are:
1. The invention must be novel: Your invention, or an element of your invention, has to be
new and different than any other invention, including ones that are already patented, on
sale, or in the public domain. These inventions are referred to as prior art. You can
conduct a patent search through the United States Patent and Trademark Office (USPTO)
or an online search engine to ensure that your invention is unique.
2. The invention must be non-obvious: Non-obviousness is one of the main criteria of
patentability. Your invention needs to be (or include) an element that a person working in
that field could not figure out independently. For example, it may be difficult to patent a
machine that mixes paint colors since people working in that industry generally
understand how to perform this task.
3. The invention should be patentable: Patentable inventions include machines, processes,
articles of manufacture, and composition of matter. Non-patentable subject matter
includes theories or methods, natural processes, like plants growing from sunlight and
soil, or anything that a person can accomplish just by using their body: for example,
running, stretching, and jumping.
4. The invention must be practical: Your innovation has to have some kind of practical
use as an industrial application, which means that it's a tangible object or a process that an
industry or business can use.

Types of Patents-

Utility patents
Utility patents are applicable to the invention, discovery, or improvement of any useful process,
machine, article of manufacture, or composition of matter. For example, a utility patent would be
used to protect a new process of making a computer (process), a new type of computer (machine),
a computer part (article of manufacture), or a new chemical (composition of matter).
Design patents
Design patents are applicable to the invention of a new, original, and ornamental design for an
article of manufacture. For example, a design patent would be used to protect visual
characteristics or aspects of a computer (assuming that it is new and unique). Design patents only
protect the appearance of an item, but not an item’s structural or functional features.
Plant patents
Plant patents are applicable to the invention or discovery and asexual reproduction of any distinct
and new variety of plant. For example, a plant patent would be used to protect a new type of plant
variety discovered or bred.
Process Patent,
In this type, patent protection is granted only to a particular process used in manufacturing a
product but not the end product. A process patent is often considered to provide limited
protection. The reason is, it does not bar or prevent others from manufacturing or creating the
same product by using a distinct process. Hence, it is possible that there are multiple process
patents granted for a single product. This eventually reduces the monopoly that the inventor
enjoys, thereby increasing the level of competition.

Product Patent
As the name suggests, this type of patent protects the product. It offers the inventor higher
protection for his invention by decreasing the level of competition of the same product. On the
other hand, a process patent protects the manufacturing process of a product but not the product.
The product patent maximises the level of monopoly and minimizes the competition. So, we can
conclude that a product patent has the following features that eventually benefits the inventor or
the patent owner:
1. It provides a higher level of monopoly rights to the inventor of the patent owner.
2. Such a grant prevents others from manufacturing the same product using the same
process or a different process.
3. Since the end product is given protection, the level of protection is considered higher in
comparison with process patents.

How are product and process patents different from each other?
Sr.N
Basis Product Patent Process Patent
o

Patent protection is Process patent protection is

1 Definition provided to the ‘End provided to only the process, and
Result’ or ‘the product’. not the resulting ‘End Product’.

Once protection is granted,

2 Competition Competition shall remain
less competition

Inventors do not enjoy a monopoly

A higher level of monopoly since other persons can still
3 Monopoly
is enjoyed by the inventor manufacture the same product
using a different process.

Product Patents were Process Patents have been

introduced as part of the recognised in India ever since the
4 Implementation
Patents (Amendment) Act, Indian Patent Act, 1970 was
2005. enforced.

The patent will be provided to the

The altered DNA will be
process involved in altering the
5 Example provided protection and not
DNA as recognised by the Indian
just the process involved.
Patents Act.
Utility Models,
The utility model is a registration right suitable for the protection of simpler inventions. The
process of registering a utility model is fast, simple and cheaper compared to the procedure for
granting a patent. Because it is registered without a substantive examination procedure, it
facilitates the protection of inventions for individual inventors and small and medium-sized
enterprises.
The protection of an invention by a utility model is valid for a maximum of 10 years from the
date of filing the application of the utility model.
Holder of a registered utility model may request the substantive examination to determine
whether the invention in question is new, inventive and industrially applicable. Such a request
may be submitted no later than upon expiry of the seventh year of duration of the utility model.

Software Patenting and Protection,

Overview of Patent Search-Types of Searching,
Public & Private Searching Databases,
Basics of Patent Filing & Drafting,
Indian Patents Law
Patents - Elements of Patentability:
Novelty,
Non-Obviousness (Inventive Steps),
Industrial Application - Non -
Patentable Subject Matter –
Registration Procedure,
Rights and Duties of Patentee,
Assignment and license ,
Restoration of lapsed Patents,
Surrender and Revocation of Patents,
Infringement, Remedies & Penalties –
Patent Office and Appellate Board.

UNIT III: Copyrights:

Nature of Copyright –
Subject matter of copyright:
original literary, dramatic, musical, artistic works; cinematograph
films and sound recordings –
Registration Procedure,
Term of protection,
Ownership of copyright, Assignment and Page 33 of 38
licence of copyright –
Infringement, Remedies & Penalties – Related Rights –
Distinction between related rights and copyrights.
UNIT IV: Trademarks:
Concept of Trademarks –
Different kinds of marks (brand names, logos, signatures, symbols, well known marks,
certification marks and service marks) -
Non Registrable Trademarks –
Registration of Trademarks –
Rights of holder and assignment and licensing of marks –
Infringement, Remedies & Penalties – T
rademarks registry and appellate board.
UNIT V: Design & Geographical Indication:
Design: meaning and concept of novel and original –
Procedure for registration, effect of registration and term of Protection.
Geographical indication: meaning, and difference between GI and trademarks –
Procedure for registration, effect of registration and term of protection.

UNIT VI: IPR: Current Contour:

India`s New National IP Policy, 2016 – Govt. of India step towards promoting
IPR – Govt. Schemes in IPR – Career Opportunities in IP - IPR in current scenario with case
studies.
Text Books:
1. K. V. Nithyananda (2019), “Intellectual Property Rights: Protection and Management”, IN:
Cengage Learning
India Private Limited.
2. P. Neeraj and D. Khusdeep (2014), “Intellectual Property Rights”, PHI learning Private
Limited.
Reference Books:
[1] Deborah E. Bouchoux, “Intellectual Property for Paralegals – The law of Trademarks,
Copyrights, Patents
& Trade secrets”, 4th Edition, Cengage learning, 2012.
[2] N. S. Gopalakrishnan and T. G. Agitha, “Principles of Intellectual Property”, Eastern Book
Company,
Lucknow, 2009.
[3] M. M. S. Karki, “Intellectual Property Rights: Basic Concepts”, Atlantic Publishers, 2009.
[4] Ganguli Prabuddha, “Intellectual Property Rights--Unleashing the Knowledge Economy”,
Tata
McGrawHill, 2001.
[5] V. K. Ahuja, “Law relating to Intellectual Property Rights”. India, IN: Lexis Nexis, 2017.
[6] P. Narayanan; Law of Copyright and Industrial Designs; Eastern law House, Delhi, 2010.
[7] Ajit Parulekar and Sarita D’ Souza, Indian Patents Law – Legal & Business Implications;
Macmillan India
ltd, 2006.
[8] B. L. Wadehra. Law Relating to Patents, Trade Marks, Copyright, Designs & Geographical
Indications;
Universal law Publishing Pvt. Ltd., India 2000.
[9] Ganguli Prabuddha, “Gearing up for Patents… The Indian Scenario”, Universities Press,1998.
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