Intellectual Property (IP) Tangible Property Rights Intellectual Property (IP)
Gives legal rights on tangible properties such as land
The owner of the rights can enjoy his land and prevent others from using or entering it
The form of rights is contract papers, ownership papers etc.
Can be bought, sold or rented
Gives legal rights on creation of brain / intellect
The owner of the rights can enjoy his intellect’s product and prevent others from using
The form of rights is patents, copyright, trademark etc.
Can be bought, sold or licensed
IP Geog. Indication Patents Copyright Trademark Designs Related Rights Plant Breeder Rights Unfair Competition Different Forms of IP
Open to view a video about Patents Why are Patents Important ? Patents - An Introduction Video
A Patent is a techno-legal document giving legal rights for a new or improved technical invention (not necessarily scientific), giving the owner exclusive rights on the invention.
It is the best and only tool to protect Research & Development (R&D), and thus most successful technical companies have a pool of patents protecting their R&D work which drives their Business development.
Minimum criteria for a Patent is novelty, non-obviousness and industrial applicability
Technical companies need to innovate continuously, for which they need to constantly invest and be involved in R & D. This Research will be protected by them via Patents.
Companies also need to know if any of their products is patented by other players, else they will be caught on the wrong side of law
Companies/ Universities monitor competitor’s/ other universities patents & understand their research activities and strategies. eg Google, CSIR. IIT
The right that a Patent grants its holder is that if any entity practices the Patented Invention, he would be infringing on the Patent Owner’s legal rights, and thus can be sued in the court of law.
The common criteria for granting a Patent is Novelty, Non-obviousness and utility/industrial applicability.
Owing to the Commercial interest and the Novelty criteria, a large amount of scientific literature is available as Patents that cannot be found anywhere else
Patents are Jurisdiction specific – They provide legal rights to the Patent holder only where his Patent application has been Granted by the Patent Office (Government Body) of that individual state (constitutional state i.e. country).
Please note that there is no International or World Patent. WO or PCT applications are merely Published Patent Applications, meant for an easy alternative to apply in Individual states
The term of the Patent is the time when the Patent is active and legally enforceable, and currently it is from the date of grant up to 20 years from the earliest date of filing
The Patents have a concept of Patent Families and Family members.
For e.g. ABC files an application in India and also files a same or similar application in the US taking priority (extension) from Indian application, then the US application and Indian application belong to the same Patent family.
Free Patent Databases (3/3) Other Useful Sources
USPTO Assignment Database
EPOline Register Plus
Free Non-Patent Databases Full Text Non Patent Sources The most common Non-Patent sources used are Science Direct, Scirus, Google Scholar Engines, Inter Wiley Science etc. However, the biggest problem with most of the sources is non-availability of Full Text information freely. Above are some of the sources providing Full Text information in most cases