An overview on Intellectual Property Rights and How these useful for Pharma students and researchers

About Author:
Eswara murali S,
M.S PHARM.,
National Institute Of Pharmaceutical Education and Reseach (NIPER)
IICB (CSIR)
Kolkata
, India

Abstract:
Intellectual Property Rights(IPRs) are becomming an essential knowlede for the all types of subjects espicially for the pharma students and researchers. If want to run with the compition in the world one should get the knowledge and utilise these IPRs, if you want to get benifit from these IPRS, you not need to be an IPR expert, at least having a basic knowledge is sufficient to enjoy the benifits of IPRs, espicially PATENTS for pharma students.

Reference ID: PHARMATUTOR-ART-1216

Introduction to IPRs:
Intellectual Property Rights(IPRs) are LEGAL rights which are granted to a person for CREATIONS of the mind or intellect which have commercial value. ”

Why the word Property?
* IPRs also has commercial value & can be BOUGHT and SOLD.
* It Is Intangible.

•    Essential features which define Property:
*     Documentation
*    Legally authorized gov. issuing agency
*    Description
*    Ownership
*    Time duration
*    Fee
*    Commercial value.

Why IPRs are important?
• “The person who has put in ORIGINAL EFFORT must be REWARDED.”
• To Encourage INNOVATION and CRETIVITY.
* If IPRs Not There Who Is The Looser???
* Your invention was copied by others & they get credit, will you be motivated for another NEW INVENTION???
* So PROTECTION is required for the creations of mind.

Mechanisms for IPP(intellectual property protection)
Is it possible to have only one mech. To protect all creations of mind?
1.    Patents
2.    Copyright
3.    Trademark
4.    Industrial designs
5.    Layout designs of integrated circuits
6.    Geographical indications
7.    Registration of plant varieties
8.    Trade secrets.

PATENTS:
“ A patent is an exclusive right granted by the gov. to the original inventor/developer/researcher of an invention, which prohibits others from making, using or selling that invention. “

What is patentable?
 As per Indian patent act 1970, MUST satisfy 3 basic criteria:
1)    Novelty
2)    Inventive step (involve some effort)
3)    Industrial application (not be only theoretical).

Benefits:
*    Grant of exclusive rights, encourages new invention.
*    Apart from profitability, respect and recognition.

Precautions:
*    Patents granted for specified period, must be kept alive by payment on regular basis.

Term: 20 years

Registration:
*     Patent application in India consist of 4 forms(form 1, 3, 5, 18)
*     At 4 places in India
      Kolkata (head office), Mumbai, Chennai & Delhi.

How long does it take to get a patent?
*    Normal route: approx. 30 months
*    By fast route: approx. 12-15 months.

Is it possible to Protect your invention in a number of countries?
*      By ‘patent co-operation treaty (PCT) ’- 140 countries.

What is ‘convention patent application’ ?
*     176 countries  designated by India as convention countries.

Some  other terms of patents:
*     design patent
*    Utility patent
*    Patent of addition
*    Divisional patent.

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