Module I - Introduction to IPR & Patents

I. Understanding Intellectual Property Rights

Introduction
History of Patent Protection
Rationale behind Patent System

II. An Overview of the IPR Regime

The Industrial Property System
Patents
Trademarks
Copyrights
Industrial Designs
Layout Design of Integrated Circuits
Undisclosed Information - Trade Secrets

III. Definition and Content of Patents System

Definition of Patents
TRIPS Definition
Various kinds of patent systems
Inventions and invention excluded from patentability
Process and product patent
Acquiring a patent
Method of getting a patent
Patent specification
Patent claims

IV. Enforcement of Patents

Term of a patent
Working of a patent
Compulsory Licensing
Licenses of right
Obligations of a Patentee

V. Exploitation of Patents.

Rights of the Patentee
Infringement & remedies
Literal Infringement
Infringement by Equivalents – Doctrine of equivalents
Defences to Infringement

VI. Abuse of Patents

Statement on Working of Patents
Voluntary Licensing & Compulsory Licensing
Licences of Right
The Concepts of meeting Reasonable requirement of the public at reasonable cost
Revocation of Patents

Module II - Patenting in India

I. Legislations and Salient Features

Indian Patents Act 1970
Patent Amendment Act 2005
WTO TRIPS - Indian Legislation

II. Patent Search

Patent Offices in India
Patent Information and Databases
Search methods/tools
Patent Information Centres
Advantages of patent search
International Patent classification Patent search

III. Procedures for Patent Applications

Patentability
Exclusions from Patentability
Acquisition of patents
Preparation of Patent Specification
Patent Office procedure
Construction of patent claims

Module III - American & European Patent Regimes

I. US Patent Regime

Title 37 CFR
Patentability
Utility
Novelty
Non obviousness
Patent specification – Best Mode

II. European Patent Regime

European patent convention
Patentable inventions in European Patent systems
History of the Broad Definition of Patentability
Final form of European Patent system Development of EPO Practice in Relation to Software Industries

III. Business Model Patents - E-Commerce and Biotech Patents

U.S. and EPO approaches to Business Inventions
New and Inventive Business Methods Not Involving Computers
Monopoly Rights in the European Patent System
Biotech patents
European approach to biotech patents

Module IV - International Treaties/Conventions on IPR

I. Paris Convention

Background
Salient features of Paris Convention
Governing Rules of Paris convention

II. World Intellectual Property Organization (WIPO)

Background
Salient features of WIPO
Organization of WIPO

III. World Trade Organization

Evolution of WTO
Organization of WTO

IV. TRIPS Agreement

Background
Salient Features of TRIPS
TRIPS and Indian IPR
TRIPS and PARIS Convention – a comparison

V. Patent Co-operation Treaty

Background
Objectives of PCT
Salient features of PCT

Practicals

1. Opinions of Patentability
2. Preparation of Patent Specifications
3. Patentability of Software & Biotechnology related inventions
4. Licences of Right
5. Infringement Issues in Patents