INTRODUCTION:

Using a new global data base on patents and innovation inputs the authors examine the process of knowledge creation measured by the dynamic relationship between research and development and patents granted. William F. Maloney (2005). Inventors who are going to attempt to draft their own patent applications need to go into the process with their eyes wide open realizing that the resulting patent application will be better if a patent attorney is involved in the drafting and most importantly understand that numerous things that one can and likely will do that will lead to a resulting patent grant that is compromised at best or completely worthless in the case scenario

The Patent System:

A patent is a contract between the inventor or applicant for the patent and the State whereby the inventor or applicant gets a monopoly from the State for a certain period in return for disclosing full details of the invention. The patent system thus ensures that information on new invention is made available for eventual public use so as to encourage technical and economic development and discourage secrecy. If an inventor or company has an invention which they consider to be novel and inventive they may apply for a patent. This may be granted only after a detailed examination by a patent office. Once the patent is granted the inventor or applicant has the sole right to make use or sell the invention for a limited period. This period is usually twenty years.

Intellectual property (IP):

It is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-known types are copyrights, patents, trademark and trade secrets. Early precursors to some types of intellectual property existed in societies such as Ancient Rome, but the modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems.

The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods.To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. This gives economic incentive for their creation, because it allows people to profit from the information and intellectual goods they create. These economic incentives are expected to stimulate innovation and contribute to the technological progress of countries, which depends on the extent of protection granted to innovators.

The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property is "indivisible", since an unlimited number of people can "consume" an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation: a landowner can surround their land with a robust fence and hire armed guards to protect it, but a producer of information or literature can usually do very little to stop their first buyer from replicating it and selling it at a lower price. Balancing rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods' wide use is the primary focus of modern intellectual property law.

BASIC CONCEPT IN IPR:

It is a form that is given or assigned right of property.

It is generally given to the creator, an exclusive right to use their creation for certain period of time.

The different kind of logo, design, products, packing ideas, symbols, names, web design, paintings and lyrics comes under this.

· Intellectual property is an intangible creation of the human mind, usually expressed or

· Examples of intellectual property include an author's copyright on a book or article, a

TYPES OF IPR:

· Patents

· Trademark

· Copyrights

· Geographical indication

· Industries design

· Trade secrets

· Layout design for integrated circuit

· Protection of new plant variety

· Patents

· Trademarks

· Copyrights and related rights

· Geographical indications

· Industrial designs

· Trade secrets

· Layout design for integrated circuits

· Protection of new plant variety

· Patents

· Trademarks

· Copyrights and related rights

· Geographical indications

· Industrial designs

· Trade secrets

· Layout design for integrated circuits

· Protection of new plant variety

· Patents

· Trademarks

· Copyrights and related rights

· Geographical indications

· Industrial designs

· Trade secrets

· Layout design for integrated circuits

· Protection of new plant variety Patent Tradema Copy rights

PATENTS:

It is an exclusive right granted for the invention, which provides protection. The protection is granted for a 20 years. This means that applied for patent and when patent grant for 20 years no one can use their invention without his permission. A patented product can be sell but with all terms and conditions. Once patent period expires the protection ends, and patent product enters to the public domain which means product become available to commercial exploitation by others. This kind of works and such inventions are helpful for researcher and inventors.

What Can Be Patented:

Product

Process machine

Manufacture

Composition

TRADEMARKS:

Every company starts with its good logos which are pleased by anyone. It provides protection to logos, goods, numerals, drawing, symbols, 3D designs, and packaging of goods, audible signs, fragrances and colours. It helps costumer identify and purchase a product or service due to it quality. Trademark rights may held in perpetuity. The registration period is 10 years, after it may be renewed time to time.

COPYRIGHTS:

Legal term for creators, for their literacy, artistic works. Time period of copyright is 17 years.

Who gets copyrights?

Literacy work

Novel

Poem

Play

Reference work

Newspaper

Drawing

Photographs

Sculpture

Films and music

Choreography

Maps

Books

GEOGRAPHICAL INDICATIONS:

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? They can also specify their quality products like:

Kullu shawl

Chanderi silk

Kashmiri apple

Recently these kinds of products also registered with it. GI registrations are very important for tribes, villages and for regional growth.

INDUSTRIAL DESIGNS:

Industrial designs to creative activity, for example: formal appearance, ornamental etc as per New Design act 2000.

Who grant this?

Field industrial design

Technical design

TRADE SECRETS

It is business information that provide an enterprise a competitive edge may be considerable a trade secret.

Who grant this?

Sales method

Distribution methods

Consumer profile

Commercial secrets

Advertising strategies

List of supplier and clients

LAYOUT DESIGN FOR INTEGRATED CIRCUITS:

Layout design for integrated circuits grants for 10 year.

Who grant this?

Chip design

Circuit layout

PROTECTION OF NEW PLANT VARIETY:

Department Agriculture and Cooperation is the administrative ministry looking after its registration and other matters.

Who grant this?

Seeds

Crop species

Hybrid species

An applicant seeking protection may file one application and request protection in as many signatory states as needed.

Types of patent applications

a. Ordinary Application

b. Application for Patent of Addition (granted for Improvement or Modification of the already patented invention, for an unexpired term of the main patent).

c. Divisional Application (in case of plurality of inventions disclosed in the main application).

d. Convention application, claiming priority date on the basis of filing in Convention Countries.

e. National Phase Application under PCT.

Documents required for filing an application.

1. Application form in duplicate (Form 1).

2. Provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months. (Form 2).

3. Drawing in duplicate (if necessary).

4. Abstract of the invention in duplicate.

5. Information and undertaking listing the number, filing date and current status of each foreign patent application in duplicate (Form 3).

6. Priority document (if priority date is claimed) in convention application, when directed by the Controller.

7. Declaration of inventor-ship where provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5).

8. Power of attorney (if filed through Patent Agent).

9. Fee (to be paid in cash/by cheque/by demand draft) (See Schedule I).

Benefits of IPR the benefits of Intellectual property rights Businesses with a defined IP strategy:

· Maintain their competitive edge

· Are able to raise funds for development because investors have confidence that the ideas won’t be stolen

· Are able to protect their innovative ideas, which use new technologies and design or unique selling points, from exploitation by unscrupulous traders. Consumers:

· Have confidence that products with trademarks are brand names made to a certain standard and quality

· Have innovative products to choose from. Creative individuals and entrepreneurs:

· Have time to develop their innovative ideas

· Reap financial rewards from their ideas

· Are given opportunities to reach personal fulfillment. Society and the economy benefit from

· Growth in enterprise and creativity

· Innovation and vibrancy

· Increased and varied employment opportunities

· Reputation for innovation.

Management of intellectual property in pharmaceutical industries More than any other technological area, drugs and pharmaceuticals match the description of globalization and need to have a strong IP system most closely. Knowing that the cost of introducing a new drug into the market may cost a company anywhere between $ 300 million to $1000 million along with all the associated risks at the developmental stage, no company will like to risk its IP becoming a public property without adequate returns. Creating, obtaining, protecting, and managing IP must become a corporate activity in the same manner as the raising of resources and funds. The knowledge revolution, which we are sure to witness, will demand a special pedestal for IP and treatment in the overall decision-making process. Competition in the global pharmaceutical industry is driven by scientific knowledge rather than manufacturing know-how and a company's success will be largely dependent on its R and D efforts. Therefore, investments in R and D in the drug industry are very high as a percentage of total sales; reports suggest that it could be as much as 15% of the sale.

One of the key issues in this industry is the management of innovative risks while one strives to gain a competitive advantage over rival organizations. There is high cost attached to the risk of failure in pharmaceutical R and D with the development of potential medicines that are unable to meet the stringent safety standards, being terminated, sometimes after many years of investment. For those medicines that do clear development hurdles, it takes about 8-10 years from the date when the compound was first synthesized. As product patents emerge as the main tools for protecting IP, the drug companies will have to shift their focus of R and D from development of new processes for producing known drugs towards development of a new drug molecule and new chemical entity (NCE). During the 1980s, after a period of successfully treating many diseases of short-term duration, the R and D focus shifted to long duration (chronic) diseases. While looking for the global market, one has to ensure that requirements different regulatory authorities must be satisfied. It is understood that the documents to be submitted to regulatory authorities have almost tripled in the last ten years. In addition, regulatory authorities now take much longer to approve a new drug.

Consequently, the period of patent protection is reduced, resulting in the need of putting in extra efforts to earn enough profits. The situation may be more severe in the case of drugs developed through the biotechnology route especially those involving utilization of genes. It is likely that the industrialized world would soon start canvassing for longer protection for drugs. It is also possible that many governments would exercise more and more price control to meet public goals. This would on one hand emphasize the need for reduced cost of drug development, production, and marketing, and on the other hand, necessitate planning for lower profit margins so as to recover costs over a longer period. It is thus obvious that the drug industry has to wade through many conflicting requirements. Many different strategies have been evolved during the last 10 to 15 years for cost containment and trade advantage. Some of these are out sourcing of R and D activity, forming R and D partnerships and establishing strategic alliances.

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Received on 08.05.2020 Revised on 06.06.2020

Asian J. Pharm. Tech. 2020; 10(4):250-254.

DOI: 10.5958/2231-5713.2020.00042.2