Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application.
a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization.
3. In support of the current legislation, the patent holder can thereby defend his patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company to charge more.
d) With exclusive patent rights, the inventor has long-term control over how the innovation is used.
e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing.
TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment.
COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.
Measures of Central Tendency: Mean, Median and Mode
IPR_Patent, Trademark, Copyrights
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PATENT
1. Patents are a type of techno-legal document that describes novel, unique, and
industrially applicable inventions. A request for the issuance of a patent for an
invention created and detailed in the patent specification is known as a patent
application.
2. It is the culmination of the document and its administrative and legal procedure
within the patent office.
3. A person, whether legal or natural, must submit an application to the patent
office having the authority to award or license a patent.
4. A patent is awarded for the invention stated and claimed in the specification
once the patent specification complies with the laws of the office concerned
with it.
WHAT CAN BE PATENTED
a) Novelty: Before submitting the patent application in India, the subject matter
specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the
invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an
invention must have some sort of utility.
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The
invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors
from stealing, selling, or importing the intellectual property without
authorization.
3. In support of the current legislation, the patent holder can thereby defend his
patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company
to charge more.
d) With exclusive patent rights, the inventor has long-term control over how
the innovation is used.
e) Under the International Patent Protection Scheme, the government would
cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's
international patent filing.
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TYPES OF PATENT APPLICATION IN INDIA
1. Provisional Application: When an invention is still under development and
has not yet been completed, a provisional application, often referred to as a
temporary application, is submitted. These patent applications are submitted
when an invention needs additional time to develop.
2. Ordinary or Non-Provisional Application: If the application is not
submitted in accordance with any earlier convention application, an ordinary or
non-provisional application has no claim to priority. You can send a
comprehensive specification via:
a. Direct Filing
b. Subsequent Filing
3. Convention Application: When a comparable or identical application is
submitted in any of the convention nations, the convention application is filed to
claim a priority date based on that application.
4. PCT International Application: The PCT international application opens
the door for a streamlined patent application process in several countries at once,
but it does not result in an international patent grant.
5. PCT National Application: The applicant must submit this application if
he learns of an innovation or a little modification of an invention that the
applicant has already patented or applied for a patent for. A PCT National
application can be submitted if the innovation does not need a significant
inventive step.
6. Divisional Application: The applicant may decide to divide a single
application into two or more if it includes claims to more than one invention. The
priority date of these applications is similar to the parent applications.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within
a year by a complete specification. Provisional or complete specification of
patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's
number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application,
when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or
in the event of a convention or PCT national phase application, an inventor
declares their invention
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6. (Form 26) If a patent is filed through a patent agent, the power of attorney
TRADEMARK:
1. A trademark is a symbol that can be used to separate the products or services of
one company from those of other companies. Intellectual property rights
provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use
it. This suggests that the trademark may be used solely by its owner or may be
licensed to a third party for use in exchange for payment. In the event of a legal
dispute, for instance, registration gives legal clarity and strengthens the position
of the right holder.
3. Although it can differ, the typical duration of trademark registration is ten
years. With the payment of further costs, it can be renewed forever. Private
property rights are protected by court orders for trademarks.3
4. Example: Marks: Word mark, a logo mark or a slogan, shapes, and
unconventional marks like colours, sounds, gestures, animation, holograms etc
are also registrable as a trademark.
5. Validity: 10 years which can be made perpetual, as along as renewed every 10
years. Should be applied separately in every country in which protection is
required and has a market in.
COPYRIGHT:
1. The legal term "copyright" (sometimes known as "author's right") is used to
refer to the ownership rights that authors and other artists have over their
creative works. The types of works protected by copyright include computer
programs, databases, ads, maps, and technical drawings in addition to books,
music, paintings, sculptures, and films.
2. There are two types of rights under copyright:
Economic rights: which allow the rights owner to derive financial reward from
the use of their works by others; and
Moral rights: Are which protect the non-economic interests of the author.
3. Examples: Works: Books, lectures, dramatic and musical works,
cinematography, drawings, paintings, architecture, sculpture, photographs,
illustrations, maps, plans sketches etc.
4. Validity: Registration not mandatory but recommended. Valid through the
lifetime of the author, and 60 years after his/her death. Owner has protection in
most countries.