Patents Patent is an exclusive ownership right granted by a country to the owner of an invention for a limited period of time, provided the invention satisfies certain conditions stipulated in the law. Letters Patent (a kind of certificate) name of an instrument granted by the government to convey a right to the patentee. It is issued to the owner of the invention by the patent office of the country conferring this right. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. A patent in the law is a property right and hence, it can be gifted, inherited, assigned, sold or licensed. The right is conferred by the State and it can be revoked by the state under very special circumstances for the benefit of public even if the patent has been sold or licensed or manufactured or marketed in the mean time. The patent right is territorial in nature i.e., a patent granted in India can only be enforced in India. Disclosure of an invention is a legal requirement for obtaining a patent. The patentee must disclose the invention in a patent document for people to practice it after the expiry of the term of patent or after the patent has lapsed due to nonpayment of maintenance fee or practice it with the consent of the patent holder during the life of the patent. Patent system in India 1856: The first legislation in India relating to patents was the Act VI of 1856. The objective of this legislation was to encourage inventions of new and useful manufactures and to induce inventors to disclose secret of their inventions. 1859: Fresh legislation for granting ‘exclusive privileges’ was introduced as Act XV of 1859. This legislation contained certain modifications of the earlier legislation. This Act excluded importers from the definition of inventor. 1872: “The Patents and Designs Protection Act” was enacted. 1883: The protection of invention was created 1888: The Act was consolidated as the Inventions and Design Act 1911: The Indian Patents and Designs Act was created 1972: The Patents Act, 1970 came into force on 20th April, 1972. Later amended in 1999, 2002, 2005, 2006, 2012, 2014 and 2016.

1. ACHARYA N.G RANGA AGRICULTURAL
UNIVERSITY
Submitted by :-
P.TEJASREE
TAD/2023-10
Ph.D 1st Year
Dept of GPBR
DEPARTMENT OF GENETICS AND PLANT BREEDING
Course No :- GP-609
Course Title :- IPR AND REGULATORY MECHANISM
Assignment On :- Fundamentals of patents and copyrights
Submitted to :-
Dr. M. Shanthi Priya
Professor & Head
Dept of GPBR
1
S.V AGRICULTURAL COLLEGE, TIRUPATHI

2. Patent is an exclusive ownership right granted by a country to
the owner of an invention for a limited period of time, provided
the invention satisfies certain conditions stipulated in the law.
Letters Patent (a kind of certificate) name of an instrument
granted by the government to convey a right to the patentee. It
is issued to the owner of the invention by the patent office of the
country conferring this right.
The patent right is territorial in nature i.e., a patent granted in
India can only be enforced in India.
Disclosure of an invention is a legal requirement for obtaining a
patent

3. https://www.ipindia.gov.in/history-of-indian-patent-system.htm
History of Indian Patent System

4. Patent act, 1970
It contains 163 sections divided under 23 chapters

5. https://www.ipindia.gov.in/jurisdiction-of-patent-offices.htm

6. An invention is considered new or novel
 if it is not known to the public through publication or prior
use anywhere in the world
 it should not be a part of the existing global state of the art
(information appearing in magazines, technical journals,
books, newspapers, published patents etc., constitute the
state of the art
• The date of patent is the date of filing the application for patent (provisional or complete) and the term of patent is 20
years from the date of filing for all types of inventions.
• A patent has to be maintained by paying the maintenance fees every year. If maintenance fee is not paid the patent will
cease to remain in force and the invention becomes open to public.
• Now anyone can utilize the invention without the danger of infringing the patent.
According to patent act 1970
Products or process shall be patentable if they
satisfy the following three conditions –
1. Novelty
2. Inventiveness
3. Usefulness

7. Patentable inventions under the Patent Act, 1970 are
a. Art, process, method or manner of manufacture
b. Machine, apparatus or other article, substances produced by manufacture, which include any new and useful
improvement of any of them and alleged invention
Patents are of two types
Process patent: A process patent is a form of utility patent that covers methods of
changing the functionality or characteristics of a material during a particular use.
Process patent reduces the element of monopoly. Process patent system is
preferred by the developing world
Product patent: it is an exclusive right given to the original inventor of a product.
This means that no other manufacturer can provide the same product through the
same or any other process. Product patent system gives higher level of protection to
the inventor. The developed countries follow product patent system.

9. Patent specification
These are essential documents to be submitted by Potential Patentee. There are two types of patent documents usually
known as patent specification.
Provisional specification: It is usually filed to establish priority of the invention in
case the disclosed invention is only at an early stage and a delay is expected in giving
final shape to the invention.
No patent is granted on the basis of a provisional specification. It has to be followed by
a complete specification for obtaining a patent.
Complete specification: Submission of complete specification is necessary to obtain
a patent.
If an application is filed with provisional specification then complete specification
must be submitted within 12 months of filing the provisional specification. This
period is non-extendible.

10. Term of Patent in Indian system:
1. 7 yrs from the date of filing of complete specification claiming the method or process of manufacture of
a substance, where the substance is intended or capable of being used as a drug, machine or food.
2. 20 yrs from the date of patent in respect of any other patentable invention.
Patent opposition and revocation
Indian Patents Act, 1970 provides for pre-grant and post-grant
opposition.
 Pre-grant opposition can be filed after the publication of
patent application and before the grant of patent.
 Post grant opposition can be filed within one year of the
grant of the patent.
Revocation of patent in cases relating to
atomic energy.
Revocation of patent in public interest.
Revocation of patents by the Controller for
non-working.

12. Infringement
• Examples of an IP infringement are “counterfeiting” and “piracy."
• Counterfeiting is the practice of imitating genuine goods, often to inferior quality, with the intent to take advantage of the
superior value of the imitated product.
• Piracy is an unauthorized copying, use, reproduction and/or distribution of materials protected by intellectual property
rights.
Compulsory licensing
At any time after the expiry of three years from the date of the grant of a patent, any person interested may make an application
to the Controller for grant of compulsory license
Patent Co-operation Treaty (PCT)
PCT provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. Through
PCT, an inventor of a member country (contracting state) of PCT can simultaneously obtain priority for his/her invention in
all the member countries, without filing a separate application in those countries just by filing PCT application which is
popularly known as International Application

13. Patent search and patent database
Patent search is a search of the patent database to determine if there are any patent applications similar or identical to an
invention that is to be patented. Patent search can be done to improve the chances of obtaining a patent registration or to
find information about new inventions that have patent protection : http://ipindiaservices.gov.in/publicsearch.

14. https://ipindia.gov.in/writereaddata/Portal/ev/schedules/Schedule_1.pdf
Forms for patent

16. • It is the set of exclusive rights granted to the author or
creator of an original work, including the right to copy,
distribute and adapt the work
• It includes literary and artistic works such as novels, poem
and plays, films musical works, artistic works such as
drawing, paintings, photographs and sculptures and
architectural designs.
• The rights given to 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.
Copyright

17. https://copyright.gov.in/frmFeeDetailsShow.aspx

18. https://copyright.gov.in/frmformsDownload.aspx

20. Copyright Act, 1957
 In India, The Copyright Act, 1957 governs the law on copyright.
History of Copyright Law in India
1847 - Copyright law entered in
India through an enactment
during the East India
Company's regime. According
to the 1847 enactment, the term
of copyright was for the lifetime
of the author plus seven years
post-mortem. But in no case
could the total term of copyright
exceed a period of forty-two
years.
1914 - The copyright
protection was governed by
the Copyright Act of 1914
which was the extension of
British Copyright Act, 1911.
1957 - The Copyright Act, 1957
was brought into force on 24th
January, 1958.
1958 - The Copyright Rules,
1958
1999 - The International
Copyright Order, 1999 governs
the copyright protection in
India.
The Copyright Act of 1957
has been amended six times
till date since then, i.e., in
1983, 1984, 1991, 1994, 1999
and 2012. The Copyright
Act, 1957 consists of 79
sections under 15 chapters
while the Copyright Rules,
1958 consists of 28 rules
under 9 chapters and 2
schedules

22. Duration/Term of Copyright Registration
Original literary, Dramatic, Musical and Artistic
works
60 years
Cinematograph films, Sound recordings,
Photographs, Posthumous, Anonymous Works,
Works of Government and Organizations and
publications
60 years
Broadcast reproduction right 25 years
Performers right 25 years
Protectable works under copyright
 A literary or dramatic work (Novels, Books, Computer
programmers and Song lyrics etc.,)
 A musical work
 An artistic work (Painting and Drawing)
 A cinematograph film (Movies)
 A sound recording (Phonogram and CD-ROM)
A photograph
Conditions for filing a copyright application
•For Artistic Works, upload in pdf/jpg format. For Sound Recording Works, upload in mp3 format. For Literary/Dramatic,
Music, and Software* Works, upload in pdf format, ensuring the file size is less than 10 MB.
•For Software, upload a PDF containing at least the first ten and last ten pages of the source code, or the entire source code
if under 20 pages, with no redacted or blocked-out sections.

23. Submission of Application
An application containing all the necessary particulars and a statement of the particulars must be prepared in the prescribed
format (FORM XIV).
•After logging in, click the “Click for Online Copyright Registration” link. The online “Copyright Registration Form”
requires completion in four steps:
•Fill out Form XIV, then click “SAVE” to save your entered details, and proceed to Step 2
•Prepare a scanned copy of your signature for uploading.
•Complete the “Statement of Particulars” and click “SAVE” to save your entered details.
•Fill out the “Statement of Further Particulars. This form applies to “LITERARY/DRAMATIC, MUSICAL, ARTISTIC,
AND SOFTWARE” works. Click “SAVE” to store your entered details and proceed.
•Make Payment: This application and the requisite fees outlined in Schedule 2 of the Copyright Act are then forwarded to
the copyright registrar. Use the Internet Payment Gateway to make the required payment.
It’s important to note that a separate application is necessary for each distinct work. Additionally, the applicant and an
Advocate holding a Vakalatnama or a Power of Attorney (POA) must sign every application.

24. Dairy Number Issuance
Upon receiving the application, the registrar will issue a Dairy Number, marking the initiation of the copyright registration
process. Subsequently, there is a mandatory 30-day waiting period for any potential objections to be submitted.
Finally, print one hard copy of each of the “Acknowledgement Slip” and the “Copyright Registration Form” and send them
by post to the following address:
•Copyright Division
• Department For Promotion of Industry and Internal Trade
• Ministry of Commerce and Industry
• Boudhik Sampada Bhawan,
• Plot No. 32, Sector 14, Dwarka, New Delhi-110078
• Email Address: copyright[at]nic[dot]in
• Telephone No.: 011-28032496

25. Copy Right Objection Handling
If no objections are raised within 30 days, a scrutinizer will assess the application for any discrepancies. If no differences are
found, the registration will proceed, and an extract will be provided to the registrar for entry into the Register of Copyright.
Objection Resolution
If objections are received, both parties will receive a notification from the examiner outlining the objections. A hearing will be
arranged to address these objections.
Application Scrutiny
Following the hearing and the resolution of objections, the scrutinizer will meticulously review the application if applicable.
Subsequently, they will either approve or reject the application, depending on the specific circumstances.
Copyright Registration Certificate
Once the application is approved, the relevant authority will issue the copyright registration certificate. In the usual course of
events, the entire process typically takes approximately 2 to 3 months to complete.

26. Rights in copyrights
• Statutory rights
• Negative right
• Multiple rights
• Economic rights
• Moral rights
Copyright infringements
 Making infringing copies for sale or hire or selling or letting them for hire
 Permitting any place for the performance of works in public where such performance constitutes infringement of
copyright
 Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of
the owner of copyright
 Public exhibition of infringing copies by way of trade

28. Machinery & process of
manufacturing of cane
jaggery in crystal form
Mechanized jaggery
granulator for preparing
jaggery granules
Process of
pneumatic pressure
paddy parboiling

29. Power operated floating paddy harvester Hand held wiper device for weedy rice control

30. Copyrights

32. •The Bridge of San Luis Rey by Thornton Wilder
•Men Without Women by Ernest Hemingway
•Aspects of the Novel by E.M. Forester
•The Colour Out of Space by H.P. Lovecraft
•Twilight Sleep by Edith Wharton
•Mosquitoes by William Faulkner
Public domain

33. •In the wake of the Pepsico-Gujarat farmers controversy, legal experts emphasise that there are no laws in India that allows for patenting plants.
•The food giant had filed cases against nine potato farmers in Gujarat for infringement on a variety of potato registered by Pepsico. The cases
were formally withdrawn.

34. 19 March 2021 / The Technical Board of Appeal at the European Patent Office (EPO) has confirmed the revocation of a
patent on melons held by Monsanto (EP1962578). In the patent, Monsanto claims melons with a natural resistance to plant
viruses as an ‘invention’; the melons were derived from conventional breeding and not genetically engineered. The
resistance was originally detected in Indian melons. This patent was granted by the European Patent Office (EPO) in 2011,
even though European patent law does not allow patents on plant varieties or conventional breeding processes.

35. The Dutch Ministry of Agriculture has hosted a symposium on patents and plant breeders’ rights. This comes in the
context of a new resolution by the European Parliament calling for a ban on the patenting of products obtained by
conventional breeding techniques; a groundswell of opposition to a patent requested by Syngenta for a
conventionally bred tomato

36. YRF vs Sri Sai Ganesh Productions
In this case, YRF filed a copyright infringement suit against Sri
Sai Ganesh Productions on the grounds that it copied their
movie ‘Band Baaja Baaraat’ and produced ‘Jabardasht’ movie
which had substantial and material similarities in terms of
concept, theme, character, plot, story, script and expression
amongst other things.
Bata India Ltd vs. Pyare Lal & Anr. (1985)
In this case, Bata India Ltd filed a lawsuit against Pyare Lal &
Anr. for copying its design of shoes.
Delhi Public School Society vs. D.A.V. Public School (2019)
In this case, the Delhi Public School Society sued D.A.V. Public
School for infringing on its copyright by using its logo and
name without permission.
RG Anand v. Deluxe Films:
In this case, RG Anand, the author of the novel
'Guide', sued Deluxe Films for infringing on
the copyright of the novel by making and
distributing a film based on the novel without
his permission.
University of Oxford v. Rameshwari Photocopy
Service:
In this case, the University of Oxford sued
Rameshwari Photocopy Service for infringing on
the copyright of its textbooks by photocopying and
selling them without permission.
Copyright Infringement Cases

38. https://copyright.gov.in/Docu
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