First System of Protection of IP (Venetian 1474

Ordinance)
Statues of Monopolies 1623
In US Patents introduced 1760
European Countries 1880 and 1889
Indian Patent Act( First) 1856
Modified as “The Patents & Design Act” 1911
After Independence Patent Act 1970
Patent Rules 2003 amended
Present Amendment Patent Act 2005
Present Patent Rules Amended 2006 and further Sep 2015
Paris Convention (First) 20th Mar 1883
WTO 1st Jan 1995
India acceded to Paris Convention and PCT Dec 1998
Comprehensive Bill 1970
Trademark Bill 1994
Trade Marks Act 1999
Trade Marks Rules 2017 amended
Design Act complies with TRIPS 2000
Paris Convention Feb 2017 (WIPO) Geneva Switzerland 177
Countries
PCT March 2017 152 Countries
Berne Convention 176 Countries
Copyright Act 1957
Copyright Rules 1958 amended 2013
Design Act 2000
Design Rules 2001 amended
GI Act 1999
GI Rules 2002
Section 53 Patent term is 20 years
Manual of Patent Practice & Procedure 2008
Section U/S 2(1)(j) Invention
Section U/S 2(1)(ja) Inventive Step & non-obvious
Section U/S 2(1)(ac) Industrial Application
Section U/S 2(1)(I) Novelty
Section 3(a) Inventions are Frivolous (contrary to well
established nature laws)
Section 3(b) Invention which could be Contrary public order or
morality
Section 3(c) Discovery of Scientific Principle
Section 3(d) Discovery of new form of known substance
Section 3(e) Substance obtained by a mere admixture
Section 3(f) Arrangement or re-arrangement or duplication of
known devices each functioning independently
Section 3(h) Method of agriculture
Section 3(i) Medicinal / surgical / curative
Section 3(j) Plants and animals in whole
Section 3(k) Mathematical or business or computer
programme or algorithms
Section 3(l) Dramtic/literal/musical/artistic
Section 3(m) Mental act or playing game
Section 3(n) Presentation of information
Section 3(o) Topography of integrated circuits
Section 3(p) Invention which in effect is traditional knowledge
Section 4 Inventions related to Atomic energy not
patentable
Sub Section (1) of Section 20 of Atomic Energy Act No patent will be granted
(33 of 1962)
Section 35, 36 Provisions for Secrecy of certain Inventions
Section 6 134 Who can File Patent
Section 7(1) Every Application for a patent shall be for one
invention only and shall be made in the prescribed
form and filed in patent office
Section 7 (1)(a) of MSME Act 2006 An enterprise where investment in plants and
machinery doesn’t exceed the limit specified for
medium enterprise (<10crore)
Section 7 (1)(b) of MSME Act 2006 An enterprise where investment in equipment
doesn’t exceed the limit specified for medium
enterprise (<5crore)
Section 9 & 10 Ordinary Application
Section 10 (5) The claims of CS shall relate to a single invention
or to a group of inventions linked so as to form a
single inventive concept
Section 135 Convention Application
Section 135 & R.20 PCT-National Phase Application
Section 54 Patent of Addition
Section 16 Divisional Application
Section 10 (4) Complete Specification
Section 135 Convention Application, Form 5
Section 54, 55 Application for Patent of Addition
Section 11 Priority Date
Section 31 Anticipation by Public Display
Section 16(1) Divisional Application
Section 11A Publication of Patent Application
Section U/S Secrecy Direction is abandoned
Section 11(A) On Request to publish the application at any time
before expiry of 18months, it is published within 1
month
U/S 39 Residents not to apply for patents outside India
without Prior Permission
Article 19 Applicant may amend the claims ( International
phase)
Article 34 Applicant may amend claims, description,
 drawings before the international preliminary
examination report is established

Form 1 Application for Grant of Patent

Form 2 Provisional / Complete Specification
Form 3 Statement and Undertaking under section 8
Form 4 Request for extension of Time
Form 5 If application is filed with PS, CS shall be filed
within 12months else deemed to be abandoned
U/S 21
Form 5 Declaration to inventor Chip
Form 6 Claim or Request regarding any change in any
applicant for patent
Form 7 Notice of Opposition
Form 8 Request or claim regarding mention of inventor in
patent
Form 9 Request for Early Publication
Form 10 Request for amendment of patent
Form 11 Request for Direction of the Controller
Form 12 Request for Direction of the Controller
Request for grant patent under section 26(1),
52(2)
Form 13 Request for amendment of application for patent /
CS
Form 14 Notice of Opposition to amendment/
restoration/surrender of Patent/grant of
compulsory license/revision of terms/Correction of
Clerical Errors
Form 15 Application for Restoration of Patent
Form 16 Application for Registration of Title/ Interest in
patent or share in it/ Registration of any document
purporting to official Proprietary of patent
Form 17 Application for Compulsory License
Form 18 Request / Express Request for Examination of
application of Patent
U/R 24-C, 1(b) Form 18A Eligible for Expedited Examination
Form 19 Request for Revocation of Patent for non-working
Form 20 Request for revision of terms and conditions of
license
Form 21 Request for termination of compulsory license
Form 22 Request for registration of Patent agent
Form 23 Request for Restoration of name in the register of
Patent
Form 24 Request for Review or Setting aside Controllers
decision
Form 25 Request for permission for making patent
application outside India
Form 26 Form for Authorization of Patent Agent or any
other person in a matter of proceeding under the
act
Form 27 Statement regarding the application of patented
invention on commercial scale in India
3rd Schedule: Form of Patent
4th Schedule: Fee Structure
Form 28 Claiming Special Fee for start Up (Reduction in
Fee)
Form 28 along with Form 1 Applicant wishes to file a new patent application
Rule 26 (Form 29) Withdrawal of an Application
Form 30 When there is no form available as per schedule

1. Year of Digital Millennium: 1998

2. IDA: International Depository Authority
3. Paris Convention for Protection of Industrial Property: 1883
4. Berne Convention: 1886
5. GATT : General Agreement on Tariffs and Trades
6. TRIPS Covers:
a. Copyrights & related rights
b. Trademarks
c. GI
d. Industrial Designs
e. Patents
f. Layout Designs
g. Undisclosed information

7. Geographical Indication Registry: Legislation is administered through under overall charge of

Controller General of Patents, Designs & Trade Marks
8. Utility Model: is an exclusive right granted for an invention which allows the right holder to
prevent others from commercially using the protected invention
9. Utility Models are sometimes referred to as “ Petty Patents” or Innovation Patents
10. The convention applies to industrial property
11. Rights of Property: 12 months for patent & utility Models; 6months for Industrial Designs &
Marks
12. Developing Countries were allowed extra time to implement the applicable changes to their
national laws in 2 tiers of transition according to their level of development
13. Section 4: prohibits the grant of patent in respect of an invention relating to atomic ebergy
falling within Subsection (1) of Section 20 of Atomic Energy Act 1962
14. PCT: Patent Cooperation Treaty
15. PS secures a Priority Date
16. Section 9: CS shall be filed with 12 months from the date of filing the application and if CS is not
so files the application shall be deemed to be abandoned
17. Deposit of the biological material in the International Depository Authority , if applicable under
the Budapest Treaty
18. Types of Patent Applications: Ordinary Application / Convention Application/PCT
Application/Divisional Application/ Patent of Addition
19. PS / CS in Form-2
20. All Applications and other documents are digitized verified screened classified and uploaded
21. Secrecy Directions: Prohibition of Publication of application to the applicant & refer s the matter
to Central Government
22. Request for examination has to be made within 48months from date of priority of application or
from date of filing of application whichever is earlier
23. When a request for examination is filed by a person interested other than the applicant, the
exam report is sent to applicant only, and intimation is given to the person interested(section
11b& 35. Rules 24B)
24. Section 13: Anticipation by previous publication and by prior claim
25. Section 25: opposition to grant of patent; Ground Rules (a to k)
a. Wrongly obtained the invention
b. Invention claimed in any claim of CS has been published before the priority date of claim
c. Invention claimed in any claim of CS has been published on or after the priority date of
claim
d. Invention claimed in any claim of CS is publicly known
e. Invention claimed in any claim of CS is obvious
f. Not an invention
g. Doesn’t describe clearly the invention
h. Applicant failed to disclose info to controller
i. Application not made within 12months
j. Wrong mention of GI
k. Regard to knowledge not indigenous
26. Section 53 provides Terms of Patent
27. Patents are granted to encourage invention and to secure that the inventions ate worked in
India
28. Controller has power to call for information such as periodical statements
29. Patentee or licensee shall furnish a statement as to the extent to which patented invention has
been worked (from 27, every year within 3months of end of each year)
30. Within 18months from the date on which patent ceased to have effect
31. Section 64: Revocation of Patents
32. Assignment of Patents: act of patentee by which patent rights are wholly or partially transferred
to assignee
33. 3 main types of Assignments in patents
a. Legal
b. Equitable
 c. Mortgages
34. Section 84:Apllication for grant of Compulsory License
35. The Basic Legal Document is the License Agreement for Transfer of Technology
36. Technology in Licensing Agreement
a. Type of Technology
b. Need for additional license
c. Industrial standards
d. Details required to practice the technology
37. Office of Controller General has also been known as Intellectual Property Office (IPO)
38. PIS: Patent Information System: Nagpur (National Institute of IP Management(NIIPM) &
CGPDTM: Controller General of Patents Design and Trademarks)
39. NIIPM is a national center of excellence for training, management, research, education, in the
field of IPE related issues caters to training, examiners, IP professionals etc
40. Copyrights subsists of
a. Original literary, dramatic, musical, artistic
b. Cinematograph films
c. Sound recordings
41. Semiconductor Integrated Circuits Layout Design Registry (SICLDR) is the office where the
applications on Layout Designs of IC are files for registration of created IPR
42. Intellectual Property refers to creation of mind; inventions; literary etc
43. 177 countries in Paris Convention
44. WTO: World Trade Organization
45. Patent can be filed by anyone
46. WIPO stands for World Intellectual Property Organization in Geneva Switzerland
47. 176 countries in Berne Convention
48. Berne Convention for Literary and artistic work
49. GI office in Chennai
50. Trade Mark Act last amended in 2017
51. Patent: Novelty, non-obvious, industrial utility
52. Patent Term is 20 years
53. Term of patent is 20 years from grant of patent
54. RGNIIPM: Rajiv Gandhi National Institute of Intellectual Property Management (Nagpur)
55. GUI comes under Design ACT
56. Design Protection lasts for 10 years and renewed for 15years
57. Trademark Characteristics: Quality / Efficiency/Good Will
58. Trademark for 10 years and renewal for unlimited period
59. Who can File GI: Producer/ manufacturer/ Consumer
60. GI includes Agriculture/ natural/ manufactured goods
61. Copyright Amended year 2013
62. Government Work can be copyrighted by Govt/ Company/ Organization/ none of the above
63. Period of Copyright: Lifetime of author + 60years
64. Which sections are not patentable? Section 3
65. Atomic Energy: Section 20 subsection 1
66. Secrecy Section 35 , 36
67. MSME Registration Form No 28
68. Ordinary Application: Section 9 & 10
69. Convention Application (Sec 135)
70. PCT National Phase Application (Section 135 R.20)
71. Patent of Addition (Sec 54)
72. Divisional Application (Section 16)
73. PCT International Application
74. CS to be filled within 12 months with Form 5
75. PS secures a Priority Date
76. Biological Material : BUDAPEST TREATY
77. Patent in other countries within 12months
78. PCT : 152 Countries
79. Publication Every Friday
80. Form 18: Request for Examination
81. Form 15: Restoration of Patent
82. Form 17: Compulsory License
83. Form 19: Revocation of Patent
84. Form 2 PS or CS in duplicate
85. Within 12 months to File CS of Convention Application in another Country
86. IPEA: International Preliminary Examining Authorities
87. Austrian Patent Office (AT)
88. Australian Patent Office (AU)
89. European patent Office (EP)
90. China Intellectual Property Office(CN)
91. United States patent & Trademark Office (US)
92. Swedish Patent Office (SE)
93. Indian Patent Office (IN)
94. PS is cancelled if no CS is filed within 12months
95. No Publication in these cases
a. In which secrecy direction is imposed U/S 35
b. Has been abandoned U/S 9(1) & no CS filed
c. Has been withdrawn 3months prior to 18months
d. All of the above
96. Ep.espacenet.com belongs to European Patent website
97. CPC : Cooperative Patent Classification
98. What is a Good Trademark?
a. Easy to speak, spell and remember
b. Best trademarks are invented words or coined words or unique geometrical designs
99. Which is the key characteristics of a trademark?
a. Identifies goods/services & its origin
 b. Guarantees its unchanged quality
c. Advertises the goods/services
d. Creates an image for goods/services

100. Trademarks: 10years

101. Trademark : NICE Classification
102. Copyright amended year 2012
103. Copyright amended 6times
104. What can be copyrighted?
a. Literary works
b. Artistic Works
c. Musical Works
d. Dramatic Works
e. Photographs

105. Broadcasting Rights comes under Copyrights

106. Copyright Act 1957 s 64: empowers Police to
a. seize infringing copies without warranty
b. Police Raids
c. Fines (min 50,000-200000INR)
d. Imprisonment (6months to 3 years)

107. SICLD Act : 2000

108. Term of SICLD: 10 years
109. ISRO IC layout: 24th May 2016
110. 8Port Microcontroller Chip: 20th Jan 2015
111. Post Grant Opposition: within 12months
112. Restoration of Patents can be done within 18months from lapse (1.5yrs)
113. Compulsory License for a patent is after 3 years from date of grant of patent
114. Renewal of Patents every Year from third year onwards
115. Total no of patent application: 113
116. Patents Granted: 7
117. IC Design layout: 1
118. No of Trademarks Registered: 2
119. No of Patent Applications filed since 2009 : 106
120. IPR: Property Rights
121. Indian Patent Act 1911
122. Marks (9 Points)
123. TRIPS: 2 tiers of Transition
124. Prior Art means everything that has been published, presented or otherwise disclose to
the public on the date of patent
125. Rule 24: Keywords Ordinarily be open to Public
 126. Section 25 (2) entitles Notice of Opposition to Controller
127. Rule 80: to keep patent in force by paying renewal fee
128. Section 63: surrender of patent
129. Section 64: revocation of patent
130. Appellate Board: infringement of patent by high court
131. CGPDTM office : Mumbai

Trade Marks :

Trade Marks Registry in India 1940

Trade Marks Act 1999
Trade Marks Act (Amendment Act) 2010
Head Office Mumbai
Branch offices Ahmedabad, Chennai, kolkatta, Delhi
International Trade Mark Wing Mumbai
Validity First 10 years and renewal with fee till unlimited
period

Copy Right Act:

Copyright Act 1957 and applicable from 1958

Copy Right Act (Amendment Act) 2012
Can not be copyrighted Facts, ideas, systems, procedures, research
materials, websites, mathematical concepts
Broadcast reproduction rights Re-broadcast, public broadcast, making
sound/recording, reproduction of the recording
Copyright protection period Lifetime of author + 60 years
60years from publication
25 years from broadcast
Copy right registration New Delhi
Application for Copyright Form 14
Industrial Design :

Industrial Design 10 years and it can be extended by 5 years

Non payment for extension – registration is
elapsed
Restoration – 12 months from from the date
elapsed
a. Patent for the same invention has been made in India not before 6 weeks for applying outside
India - Form 25 - 1600/4000/8000
b. Controller shall dispose of every such application within 21 days from the receipt
c. Compulsory license for patent after the expiry of 3 years from the date of grant of patent
d. Renewal of patents : every year from third year onwards

IPc : abbreviation ?- International Patent Classification

CPC: Corporative Patent classification

International IPR day 26th April / 24th April ?