Patent & Trade mark

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Intellectual property

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Patent & Trade mark

  1. 1. Saneem Nazim S4 MBA CHMM College
  2. 2. PATENT A patent is the exclusive right to own, use and dispose of an invention for a specific period.  It is a monopoly right  It is limited area and time (20 Years)  Patent by stopping others (competitors) from making, using, importing or selling.
  3. 3. Needs for Patents 1. To enjoy monopoly of the invention through exclusive rights  Right to manufacture  Right to sell  Right to import, etc. 2. Inventions should be encouraged for public interest 3. Encourage the disclosure of inventions in preference to their use in secret
  4. 4.  Reducing the number of competitors in the market  Confidence for venture capitalists or other investors  Increase the value of the company  Continued monopoly of the patents results in establishing goodwill
  5. 5.  Any person whether a citizen of India or not  True and First Inventor of the Invention  His assignee  His Legal Representative  Either Alone or jointly with another person
  6. 6. TYPES OF PATENTS  Invention Patent An invention patent is granted for new and inventive technical solution for a product, new method of producing or doing something, or an improvement on an existing product. Invention patents allow you to protect the new technology that you develop.  Utility Model Patent A utility model patent is granted for new and practical technical solutions relating to the shape and/or structure of a product.
  7. 7.  Design Patent A design patent is granted for new designs relating to the shape, pattern or their combinations, or the combination of colour, shape and/or pattern that are aesthetically pleasing and industrially applicable.
  8. 8. Trade Mark
  9. 9. Trade mark is a legal term. When a brand is registered and legalized, it becomes a trade mark. Hence registered brands are trade marks. A brand is registered under the Trade Mark Name and Trade Mark Act
  10. 10. Definition According to American Marketing Association "Brand or part of brand is that which is given legal protection because it is capable of exclusive appropriation”
  11. 11. A trade mark is the exclusive property of the seller. In India, the law relating to trade mark is contained in the Trade and Merchandise Mark Act 1958, which has now been replaced by the Trade Mark Act 1999.
  12. 12. 12  Trademark rights established by: ◦ First to use the "mark" ◦ First to file application with PTO (Patent and Trademark Office)  Federal registration not required but has advantages ◦ Registered owner can use mark nationwide  Registration granted for 10 years ◦ renewable for another 10 Certificate of Registration 12 weeks after publication
  13. 13. THANK YOU

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