1.

What is IPR?

IPR stands for Intellectual Property Rights. These are the legal rights granted to individuals or organizations over the creations of their minds. They allow creators to
control and benefit from their inventions, artistic works, designs, symbols, names, and images.

Types of Intellectual Property Rights (IPR):

1. Patents
o Protect inventions (new products or processes).
o Example: A new type of engine.
2. Copyrights
o Protect literary and artistic works (books, music, films, software).
o Example: A novel or a movie script.
3. Trademarks
o Protect brand names, logos, slogans, etc.
o Example: Nike's "swoosh" logo.
4. Industrial Designs
o Protect the aesthetic design of objects.
o Example: The shape of a luxury car or a smartphone.
5. Trade Secrets
o Protect confidential business information.
o Example: Coca-Cola's recipe.
6. Geographical Indications (GI)
o Protect names that indicate a product’s origin and quality.
o Example: Darjeeling Tea or Mysore Silk.

2. What is a patent?

A patent is a form of Intellectual Property Right (IPR) that gives the inventor
exclusive rights to make, use, sell, and license an invention for a certain period of
time (usually 20 years).

1. Protects inventions (machines, methods, processes, compositions, etc.).

2. Must be:
o New (novel),
o Useful (industrial application),
o Non-obvious (not easily invented by experts).
3. Prevents others from using or copying your invention without permission.

Examples of Patents:

● The light bulb (Thomas Edison).

● A new COVID-19 vaccine formulation.
● A smart umbrella that alerts you if you forget it at a restaurant.
 3.
Patent filling procedure in India

4.
Why there is need of patent?

1. Legal Protection of Innovation

● A patent gives exclusive rights to the inventor.

● Prevents others from making, using, or selling the invention without
permission.

2. Monetary Benefits

● Inventors can earn money through:

o Licensing the patent to others.
o Selling the patent.
o Using the invention in their own business.
 3. Encourages Innovation

● Inventors are more likely to invest time and resources into R&D if they know
their idea will be protected.
● Helps in the technological and scientific advancement of a country.

4. Competitive Advantage

● A patent can give companies a market monopoly for 20 years.

● Helps to stay ahead of competitors.

5. Public Disclosure of Knowledge

● Patent documents are published publicly.

● This spreads technical knowledge and inspires further innovation by others.

6. Boosts Business Value

● Companies with patents are considered more valuable by investors.

● Startups with patents often attract more funding.

5.
How patent idea generated?

Problem-Solution Approach
●
Observe problems in daily life, industry, or technology.
●
Ask: What annoys people? What’s inefficient?

Example:

SCAMPER Technique
A creative method to modify existing products:

Substitute, Combine Adapt,Modify, Put to another Use,Eliminate,reverse

6. state Importance of IPR in socio-economic development and

technological innnovation

The Importance of Intellectual Property Rights (IPR) in Socio-Economic

Development is significant, especially in today's innovation-driven global
economy. Here's a comprehensive breakdown:
1. Encourages Innovation and Creativity

● IPR provides legal protection to inventors, authors, designers, and

entrepreneurs.
● This incentivizes research and development (R&D) by assuring
creators that their work will not be copied or exploited unfairly.
● Leads to new products, technologies, art, and processes.

Example: Patent protection in pharmaceuticals encourages companies to

invest in life-saving drugs.

2. Boosts Economic Growth

● Strong IPR systems attract foreign direct investment (FDI) and

promote entrepreneurship.
● Industries built around IP (e.g., IT, biotechnology, creative industries)
create high-value jobs and contribute to GDP growth.

Example: Countries like the USA, Japan, and South Korea leverage IPR-
driven industries for economic leadership.

3. Promotes International Trade

● Countries with robust IPR laws are more likely to engage in global
trade partnerships.
● IP-intensive goods and services have a high demand in international
markets.

Example: Software and media exports from India rely on copyright

enforcement abroad.

4. Protects Traditional Knowledge & Cultural Heritage

● Helps indigenous communities commercialize and protect their

traditional knowledge (TK), designs, and biodiversity.

Example: Geographical Indication (GI) tags like Darjeeling Tea or Mysore

Silk ensure local producers gain recognition and fair market value.
5. Supports Startups and SMEs

● Startups can monetize their IP through licensing, partnerships, and

venture capital funding.
● SMEs use trademarks and industrial designs to build brand value
and customer loyalty.

Example: A startup with a patented green technology can attract eco-

conscious investors and users.

6. Enables Public-Private Collaboration

● Public research institutions can license patents to private industries,

accelerating technology transfer.
● Universities generate revenue and recognition via IP
commercialization.

Example: CSIR and DRDO in India regularly license technologies to the

private sector.

7. Prevents Brain Drain

● By offering a platform for inventors to profit from their innovations,

IPR encourages talent to stay and innovate domestically.

7. State the importance of IPR in technological innovation

The Importance of Intellectual Property Rights (IPR) in Technological

Innovations is immense, as IPR serves as both a catalyst and protector for
inventions in science, engineering, IT, biotechnology, and other high-tech
sectors. Here's a structured explanation:

1. Encourages R&D Investment

● Patents and other IPRs provide exclusive rights to inventors,

ensuring they can recoup the costs of innovation.
● Companies and institutions are more likely to invest in high-risk, high-
 reward technologies if there is protection against imitation.

Example: Pharmaceutical firms invest billions in R&D because patents give

them a temporary monopoly.

2. Protects New Technologies

● IPR ensures that inventors can legally defend their innovations from
unauthorized use or reproduction.
● Protects both tangible (devices, machines) and intangible (software
algorithms, designs) assets.

Example: Tech giants like Apple and Samsung rely on design and utility
patents to protect their devices and interfaces.

3. Promotes Technology Transfer

● IPR enables licensing agreements, where one company or country

can legally use another’s technology.
● Facilitates collaborations between academia, startups, and
industries for commercialization.

Example: Indian CSIR technologies licensed to MSMEs through IP-driven

tech transfer.

4. Stimulates Competitive Innovation

● When firms know they can profit from unique solutions, they
compete to invent better technologies.
● This creates a cycle of continuous improvement and disruptive
innovation.

Example: Patent races in clean energy and AI lead to smarter, more

efficient solutions.

5. Supports Sustainable Development

 ● Innovations in green technology, water purification, renewable
energy, etc., can be protected through IPR, attracting global funding
and scaling.

Example: Solar panel innovations patented in India and exported to other

developing countries.

6. Recognizes and Rewards Inventors

● IPR provides formal recognition and possible financial rewards to

scientists, engineers, and technologists.
● Helps build a culture of innovation and entrepreneurship.

7. Boosts National Technological Competitiveness

● Countries with strong IPR systems produce more patents and lead
in global tech innovation indices.
● IPR is a key factor in building knowledge economies.

Example: South Korea's rise in electronics and AI is backed by strong

patenting strategies.

8. Prosecution Patent

Patent prosecution refers to the process of interacting with a patent office

(like the Indian Patent Office, USPTO, or EPO) to obtain a patent for an
invention. It begins after the patent application is filed and involves
examinations, objections, amendments, and correspondence between the
applicant (or their attorney) and the patent examiner.

9. Prosecution application process

Step Description

1. Filing the The inventor (or applicant) submits a provisional or

Patent complete specification with the patent office.
Application
2. Publication The application is automatically published 18 months
of Application after filing. Early publication can be requested.

3. Request for The applicant must file a formal request for examination
Examination (Form 18 in India), usually within 48 months from the
(RFE) filing date.

4. A patent examiner reviews the application for novelty,

Examination inventive step, industrial applicability, and clarity.
by Patent
Office

5. First The examiner issues an FER listing objections or

Examination requirements to be addressed by the applicant.
Report (FER)

6. Response The applicant must reply within a prescribed period

to FER / (typically 6 months) with justifications, modifications, or
Amendments amendments to overcome objections.

7. Hearing (If If issues are unresolved, a hearing may be scheduled

Required) where the applicant (or attorney) argues the case
before the controller.

8. Decision – Based on compliance and responses, the controller may

Grant or grant the patent or refuse the application.
Refusal

9. Post-Grant Once granted, the patent is published in the journal. The

Formalities applicant must pay renewal fees annually to keep it in
force.

10. Explain of process infringement

Patent infringement occurs when someone makes, uses, sells, offers to

sell, or imports a patented invention without the patent holder’s permission.
Below is the step-by-step process of how patent infringement typically
unfolds and is dealt with:

1. Identification of Infringement
● Patent owner (or licensee) detects that someone is using their
patented invention without permission.
● A comparison is made between the patent claims and the allegedly
infringing product/process.

2. Legal Assessment
● Patent owner (often with help of an IP attorney):
○Reviews the validity of their patent.
○Confirms scope of patent claims.
○Evaluates whether the alleged act constitutes infringement
(literal or doctrine of equivalents).

3. Cease-and-Desist Letter (Optional)

● A warning notice is sent to the alleged infringer.
○Requests them to stop infringing activities.
○May offer a licensing agreement as an alternative.
○May ask for damages/royalty payment.

4. Filing a Lawsuit (Civil Case)

● If the infringer refuses to stop, the patent holder can file a lawsuit in
a competent court (in India, typically a High Court).
● Must be filed in a jurisdiction where the defendant operates or
where infringement occurred.
5. Court Proceedings
● Both parties present their:
○Arguments
○Technical Evidence
○Expert Witnesses
● Court examines:
○Validity of the patent
○Scope of claims
○Existence of infringement
○Damages caused

6. Court Judgment
Court may:

● Grant an injunction (temporary or permanent) to stop the

infringement.
● Award damages or compensation to the patent holder.
● In some countries, even seize or destroy infringing goods.

7. Appeal (If Any)

● The losing party may file an appeal in a higher court.

11. Explain patent geographical indications

Patent and Geographical Indication (GI) are both forms of intellectual
property, but they protect different types of innovations and identities.

A Geographical Indication (GI) is a sign or name used on products that have

a specific geographical origin and possess qualities, reputation, or
characteristics inherent to that location.

● Protects: Cultural identity, origin-based quality

● Example: Darjeeling Tea, Mysore Silk, Kolhapuri Chappal
● Validity: Initially 10 years; renewable indefinitely
● Territorial: Linked to a specific geographical region
● Owner: Usually a group/association of producers
 ● Governing Law (India): Geographical Indications of Goods
(Registration and Protection) Act, 1999

12. Patent search

Platform Region Website

Indian Patent Search Indi https://ipindiaservices.gov.in/

(InPASS) a publicsearch

Google Glob https://

Patents al patents.google.com

Espacen Europe/ https://

et Global worldwide.espacenet.com

WIPO International https://

PATENTSCOPE (PCT) patentscope.wipo.int

USPT US https://ppubs.uspto.gov/pubwebapp/static/
O A pages/landing.html