This document discusses various aspects of intellectual property law, focusing on patents, designs, and trademarks. It provides details on: 1) What constitutes a patentable invention and the process for obtaining a patent. Patents provide a temporary monopoly for new inventions. 2) Industrial designs, which protect the visual appearance of objects, and how designs are registered. 3) Trademarks, which distinguish goods and services of different sources, and how trademarks are registered and protected from infringement.

1. INTELLECTUAL
PROPERTY LAW

2. INTELLECTUAL PROPERTY
► THE TERM INTELLECTUAL PROPERTY
COVERS PATENTS, INDUSTRIAL DESIGNS,
COPY RIGHTS TRADE MARKS, KNOW-HOW
AND CONFIDENTIAL INFORMATION.

3. PATENT
►A PATENT IS A MONOPOLY RIGHT
GRANTED TO A PERSON WHO HAS
INVENTED A NEW AND USEFUL ARTICLE
OR AN IMPROVEMENT OF AN EXISTING
RIGHT TO NEW PROCESS OF MAKING AN
ARTICLE.

4. PATENT
► PATENT ACT 1970
► ESSENTIAL INGREDIENTS OF PATENT:-
 NOVELTY.
 INVENTIVE STEP.
 LACK OF OBVIOUSNESS.
 SUFFICIENCY OF DESCRIPTION.

5. PATENT
► OBJECT OF PATENT LAW:-
 IT ENCOURAGES RESEARCH AND INVENTION.
 IT INDUCES AN INVENTOR TO DISCLOSE HIS
DISCOVERIES INSTEAD OF KEEPING THEM AS TRADE
SECRET.
 IT OFFERS A REWARD FOR THE EXPENSE OF
DEVELOPING INVENTION TO THE STAGE AT WHICH
THEY ARE COMMERCIALLY PRACTICABLE.
 IT PROVIDES AN INDUCEMENT TO INVEST CAPITAL IN
NEW LINE OF PRODUCTION WHICH MIGHT NOT
APPEAR PROFITABLE IF MANY COMPETING PRODUCES
EMBARKED ON THEM SIMULTANEOUSLY.

6. PATENT
► IN INDIA THE TERM OF PATENT IS 14 YEARS
EXCEPT FOR FOOD AND DRUG, AND FOR THEM
IT IS FIVE YEARS FROM THE DATE OF SEALING
OR SEVEN YEARS FROM THE DATE OF PATENT
WHICHEVER IS SHORTER.
► THE PATENTEE MAY ASSIGN HIS RIGHTS OR
GRANT LICENCES TO USE THE INVENTION.
► COMPULSORY LICENCE.

7. PATENT
► PATENTABLE INVENTION
 AN INVENTION IS DEFINED AS FOLLOWS:-
►INVENTION MEANS ANY NEW AND USEFUL
 ART, PROCESS, METHODS OR MANNER OF MANUFACTURE.
 MACHINE, APPARATUS OR OTHER ARTICLE.
 SUBSTANCE PRODUCED BY MANUFACTURE AND INCLUDES
ANY NEW AND USEFUL IMPROVEMENT OF ANY OF THEM
AND AN ALLEGED INVENTION.

8. PATENT
► INVENTIONS NOT PATENTABLE
 AN INVENTION WHICH IS FRIVOLOUS OR WHICH CLAIMS ANYTHING OBVIOUS OR
CONTRARY TO WELL-ESTABLISHED NATURAL LAWS.
 AN INVENTION THE PRIMARY OR INTENDED US OF WHICH WOULD BE CONTRARY
TO LAW OF MORALITY OR INJURIOUS TO PUBLIC HEALTH.
 THE MERE DISCOVERY OF A SCIENTIFIC PRINCIPLE OT THE FORMULATION OF AN
ABSTRACT THEORY.
 THE MERE DISCOVERY OF ANY NEW PROPERTY OR NEW USE FOR A KNOWN
SUBSTANCE OR OF THE MERE USE OF KNOWN PROCESS, MACHINE OR
APPARATUS.
 A SUBSTANCE OBTAINED BY A MERE ADMIXTURE RESULTING ONLY IN THE
AGGREGATION OF THE PROPERTIES OF THE COMPONENTS THEREOF OR A
PROCESS FOR PRODUCING SUCH SUBSTANCE.
 THE MERE ARRANGEMENT OR REARRANGEMENT OR DUPLICATION OF KNOWN
DEVICES EACH FUNCTIONING INDEPENDENTLY OR ONE ANOTHER IN A KNOWN
WAY.
 A METHOD OF AGRICULTURE OR HORTICULTURE.
 A METHOD OF FOR THE MEDICAL, SURGICAL, CURATIVE, PROPHYLACTIC, OR
OTHER TREATMENTS.
 AN INVENTION RELATING TO ATOMIC ENERGY.
 IN RESPECT OF FOOD, MEDICINES OR DRUGS, PATENT ARE GRANTED ONLY FOR
THE PROCESS OF MANUFACTURE OF THE SUBSTANCE BUT NOT FOR THE
SUBSTANCE ITSELF.
 IN RESPECT OF SUBSTANCE PRODUCED BY CHEMICAL PROCESS PATENTS AE
GRANTED ONLY FOR THE PROCESS OF MANUFACTURE BUT NOT FOR THE
SUBSTANCE ITSELF.

9. PROCEDURE FOR OBTAINING PATENT
► AN APPLICATION BY THE INVENTOR.
► TO THE PATENT OFFICE.
► APPLICATION SHOULD ACCOMPANY PROVISIONAL OR
COMPLETE SPECIFICATION.
► WHERE THE APPLICATION IS ACCOMPANIED BY A
PROVISIONAL SPECIFICATION, A COMPLETE
SPECIFICATION SHOULD BE FILED WITHIN 12 MONTHS
FROM THE DATE OF FILING.
► THE COMPLETE SPECIFICATION SHOULD FULLY AND
PARTICULARLY DESCRIBE THE INVENTION AND THE
METHOD BY WHICH IT IS TO BE CARRIED OUT.
► IT SHOULD DISCLOSE THE BEST METHOD OF
PERFORMING THE INVENTION KNOWN TO THE
APPLICANT AND END WITH THE CLAIM OR CLAIMS
DEFINING THE SCOPE OF THE INVENTION FOR WHICH
PROTECTIONS IS CLAIMED.
► THE CLAIM SHOULD RELATE TO THE SINGLE INVENTION.

10. PROCEDURE FOR OBTAINING PATENT
► THE SPECIFICATION SHOULD BE ACCOMPANIED BY THE
DRAWINGS WHERE APPROPRIATE AND NECESSARY.
► EXAMINATION OF THE APPLICATION BY THE EXAMINERS
OF PATENT.
► LAWFUL OBJECTION.
► COMMUNICATION TO THE APPLICANT ABOUT
OBJECTIONS IF ANY.
► HEARING BEFORE CONTROLLER OF PATENTS.
► ADVERTISE IN THE OFFICIAL GAZETTE.
► NOTICE OF OPPOSITION WITHIN THREE MONTHS.
► FORWARDING OF COPY BY THE CONTROLLER OF
PATENTS.
► FILING OF EVIDENCE.
► GRANTING OF PATENT
PATENT ADDITION

11. TRANSFER OF PATENT RIGHT
►A PATENT RECOGNIZED AS A SPECIES OF
PROPERTY AND CAN BE TRANSFERRED
FROM THE ORIGINAL PATENTEE TO ANY
OTHER PERSON BU ASSIGNMENT OR BY
OPERATION OF LAW.
► ASSIGNMENTS.
 LEGAL ASSIGNMENT
 EQUITABLE ASSIGNMENT
 MORTGAGES
► LICENCES

12. REVOCATION OF PATENT
► GROUND OF REVOCATION:-
 PATENTEE IS NOT ENTITLED TO THE PATENT
 PATENT WRONGFULLY OBTAINED AS AGAINST
PERSON ENTITLED.
 PATENT OBTAINED BY FALSE SUGGESTION OR
REPRESENTATION.
 FAILURE TO DISCLOSE INFORMATION
REGARDING FOREIGN APPLICATIONS.
 NON-COMPLIANCE WITH DIRECTIONS FOR
SECRECY.
 AMENDMENT OF SPECIFICATION OBTAINED BY
FRAUD.

13. INFRINGEMENT OF PATENT
► INFRINGEMENT OF PATENT IS THE
VIOLATION OF THE MONOPOLY RIGHTS
CONFERRED BY THE GRANT.
► THE RIGHTS CONFERRED BY THE PATENT
IS THE EXCLUSIVE RIGHT TO MAKE, USE,
EXERCISE, SELL OR DISTRIBUTE THE
INVENTION IN INDIA. HENCE THE
INFRINGEMENT CONSISTS IN THE
VIOLATION OF ANY OF THERESE RIGHTS.

14. INFRINGEMENT OF PATENT
► ACTION FOR INFRINGEMENT:-
 JURISDICTION.
 TERRITORIAL JURISDICTION.
 THE PROCEDURE.
 LIMITATION.
 EVIDENCE.
 RELIEFS:-
►ANINJUNCTION
►DAMAGES OR AN ACCOUNT OF PROFITS.
►COST

15. OFFENCES AND PENALTIES
UNDER THE PATENTS ACT THE FOLLOWING ACTS OR
OMISSIONS ARE OFFENCES PUNISHABLE WITH
IMPRISONMENT OF A MAXIMUM PERIOD OF TWO
YEARS OR FINE OR WITH BOTH:-
 CONTRAVENTION OF SECRECY DIRECTIONS GIVEN BY
CONTROLLER PROHIBITING THE PUBLICATION OR
COMMUNICATION OF INFORMATION TO INVENTIONS
RELEVANT FOR DEFENCE PURPOSE.
 MAKING OF AN APPLICATION FOR A PATENT IN A
FOREIGN COUNTRY BY A RESIDENT INDIAN IN
RESPECT OF AN INVENTION SUBJECT TO SECRECY
DIRECTIONS WITHOUT THE PERMISSION OF THE
CONTROLLER.
 MAKING OF AN APPLICATION FOR A PATENT IN A
FOREIGN COUNTRY BY ANY RESIDENT INDIAN BEFORE
MAKING A SIMILAR APPLICATION IN INDIA.
 FAILURE TO SUPPLY INFORMATION TO THE
CONTROLLER REGARDING THE USE OF PATENTED
INVENTION IN INDIA (FINE ONLY).

16. DESIGNS
► THE OBJECT OF DESIGN REGISTRATION IS
TO SEE THAT THE ORIGINATOR OF A
PROFITABLE DESIGN IS NOT DEPRIVED OF
HIS REWARD BY OTHERS APPLYING IT TO
THEIR GOODS WITHOUT PERMISSION.
► COPYRIGHT IN AN INDUSTRIAL DESIGN
OR PRODUCT DESIGN IS GOVERNED BY
THE DESIGNS ACT 1911.
► THIS RIGHT IS MONOPOLY RIGHT MORE
AKIN TO THE RIGHT GIVEN UNDER THE
PATENT ACTS.

17. DESIGNS
► DESIGN MEANS ONLY THE FEATURES OF SHAPE
CONFIGURATION, PATTERN OR ORNAMENT
APPLIED TO ANY ARTICLE BY ANY INDUSTRIAL
PROCESS OR MEANS, WHICH IN THE FINISHED
ARTICLE APPEAL TO AN ARE JUDGED SOLELY BY
TE EYE AND WHICH IS NOT A MERE MECHANICAL
DEVICE.
► DESIGN MEANS CONCEPTION, SUGGESTION OR
IDEA OF A SHAPE OF A PICTURE OR OF A DEVICE
OR OF SOME ARRANGEMENT WHICH CAN BE
APPLIED TO AN ARTICLE BY SOME MANUAL,
MECHANICAL OR CHEMICAL MEANS.

18. DESIGNS
► THERE MUST BE A SPECIAL PECULIAR,
DISTINCTIVE, SIGNIFICANT OR STRIKING
APPEARANCE.
► THE DESIGN MUST BE ONE WHICH
APPEALS TO THE EYE OF SOME
CUSTOMER.
► REGISTRATION OF DESIGNS IS DONE BY
THE PATENT OFFICE AT KOLKATTA.
► AN APPLICATION WITH BRIEF
ENDORSEMENT OF NOVELTY OF THE
DESIGNS.

19. DESIGNS
► INFRINGEMENT
 CIVIL REMEDIES
►INJUNCTION
►DAMAGES OR COMPENSATION
► JURISDICTION

20. TRADE MARKS
► A TRADE MARK IS A VISUAL SYMBOL IN THE FORM OF
WORD, A DEVICE, OR A LABEL APPLIED TO ARTICLES OF
COMMERCE WITH A VIEW TO INDICATE TO THE
PURCHASING PUBLIC THAT THEY ARE THE GOODS
MANUFACTURED OR OTHER WISE DEALT IN BY
PARTICULAR PERSON AS DISTINGUISHED FROM SIMILAR
GOODS MANUFACTURE OR DEALT IN BY OTHER PERSON.
► OBJECT OF TRADE MARK LAW IS TO DEAL WITH THE
PRECISE NATURE OF THE RIGHTS WHICH IS A PERSON
CAN ACQUIRE IN RESPECT OF TRADE MARKS, THE MODE
OF ACQUISITION OF SUCH RIGHTS, THE METHOD OF
TRANSFER OF THOSE RIGHTS RO OTHERS, THE PRECISE
NATURE OF INFRINGEMENT OF SUCH RIGHTS AND THE
REMEDIES AVAILABLE IN RESPECT THEREOF.
► TRADE & MERCHANDISE MARKS ACT 1958

21. TRADE MARKS
► A PART FROM DISTINCTIVENESS A GOOD TRADE MARK
SHOULD POSSESS THE FOLLOWING ATTRIBUTES:-
 IT SHOULD BE EASY TO PRONOUNCE AND REMEMBER IF THE
MARK IS WORD.
 IN THE CASE OF DEVICE MARK TE DEVICE SHOULD BE CAPABLE
IF BEING DESCRIBED BY A SINGLE WORD.
 IT MUST BE EASY TO SPELL CORRECTLY AND WRITE LEGIBLY.
 IT SHOULD NOT BE DESCRIPTIVE BUT MAY BE SUGGESTIVE OF
THE QUALITY OF THE GOODS.
 IT SHOULD BE SHORT.
 IT SHOULD APPEAL TO THE EYE AS WELL AS TO THE EAR.
 IT SHOULD SATISFY THE REQUIREMENT OF REGISTRATION.
 IT SHOULD NOT BELONG TO THE CLASS OF MARKS PROHIBITED
FOR REGISTRATION.

22. TRADE MARKS
► AN OFFICE CALLED THE TRADE MARKS REGISTRY HS
BEEN ESTABLISHED FOR THE PURPOSE OF
REGISTRATION OF TRADEMARKS, MAINTENANCE OF THE
REGISTER AND MATTERS INCIDENTAL THERETO.
► APART FROM THE REGISTER OF TRADE MARKS THE
REGISTRY MAINTAINS INDEXES OF:-
 REGISTERED TRADE MARKS.
 APPLICATIONS FOR REGISTRATION.
 THE NAMES OF PROPRIETORS OF TRADE MARKS.
 THE NAMES OF REGISTERED USER.
► DURATION AND RENEWAL OF REGISTRATION
 IF THE APPLICATION FOR REGISTRATION AFTER ITS
ADVERTISEMENT IS UNOPPOSED OR IF OPPOSED DECIDED IN
FAVOUR OF REGISTRATION THE MARK WILL BE REGISTERED AS
OF THE DATE OF THE APPLICATION FOR REGISTRATION.
 THE FIRST REGISTRATION IS FOR A PERIOD OF 07 YEARS.
 CAN BE RENEWED TIME TO TIME BY PAYING THE RENEWAL FEE.

23. TRADE MARKS
► MARKS NOT REGISTRABLE:-
 A MARK THE USE OF WHICH WOULD BE LIKELY TO DECEIVE OR
CAUSE CONFUSION.
 A MARK THE USE OF WHICH WOULD BE CONTRARY TO ANY LAW
FOR THE TIME BEING IN FORCE.
 A MARK COMPRISING OR CONTAINING SCANDALOUS OR
OBSCENE MATTER.
 A MARK COMPRISING OR CONTAINING ANY MATTER LIKELY TO
HURT THE RELIGIOUS SUSCEPTIBILITIES OF ANY CLASS OR
SECTION OF THE CITIZEN OF INDIA
 A MARK WHICH WOULD BE DISENTITLED TO PROTECTION IN A
COURT OF LAW.
 A MARK WHICH IS IDENTICAL WITH OR DECEPTIVELY SIMILAR
TO A TRADE MARK ALREADY REGISTERED IN RESPECT OF THE
SAME FOODS RO GOODS OF THE SAME DESCRIPTION.
 A WORD WHICH IN THE ACCEPTED NAME OF ANY SINGLE
CHEMICAL NAME OR CHEMICAL COMPOUND IN RESPECT OF
CHEMICAL SUBSTANCES.
 MARKS PROHIBITED UNDER THE EMBLEMS AND NAMES ACT

24. TRADE MARKS
► INFRINGEMENT:-
 JURISDICTION
 PROCEDURE.
 INJUNCTION.
 DAMAGES.
 ACCOUNT OF PROFITS
 ORDER OF DELIVERY UP OF THE INFRINGING LABELS
AND MARKS FOR DESTRUCTION OR ERASURE.

25. COPYRIGHT
► COPYRIGHT MEANS THE EXCLUSIVE RIGHT TO
DO OR AUTHORISE OTHERS TO DO CERTAIN
ACTS IN RELATION TO:-
 LITERARY, DRAMATIC, MUSICAL AND ARTISTIC
WORKS.
 CINEMATOGRAPH FILM
 SOUND RECORDINGS.
► COPYRIGHT IS THE RIGHT TO COPY OR
REPRODUCE THE WORK IN WHICH COPYRIGHT
SUBSIST.
► COPYRIGHT DOES NOT EXTEND TO ANY RIGHT
BEYOND THE SCOPE OF SECTION 14 OF THE
COPYRIGHT ACT OF 1957.

26. COPYRIGHT
► THE OBJECT OF COPY RIGHT LAW IS TO
ENCOURAGE AUHTORS, COMPOSERS, ARTISTS
AND DESIGNER TO CREATE ORIGINAL WORKS BY
REWARDING THEM WITH THE EXCLUSIVE RIGHT
FOR A LIMITED PERIOD TO EXPLOIT THE WORK
FOR MONETARY GAIN.
► THE AUTHOR MUST HAVE BESTOWED UPON THE
WORK SUFFICIENT JUDGMENT, SKILL AND
LABOUR OR CAPITAL. IT IS IMMATERIAL
WHETHER THE WORK IS WISE OR FOOLISH,
ACCURATE OR INACCURATE OR WHETHER IT
HAS OR HAS NOT ANY LITERARY OR ARTISTIC
MERIT. [WALTER v. LANE 1900 AC 539]

27. QUALIFICATION FOR COPYRIGHT SUBSISTENCE
► THE WORK IS FIRST PUBLISHED IN INDIA.
► WHERE THE WORK IS FIRST PUBLISHED OUTSIDE INDIA
THE AUTHOR, AT TE DATE OF PUBLICATION MUST BE A
CITIZEN OF INDIA.
► IF THE PUBLICATION IS MADE AFTER AUTHORS DEATH
THE AUTHOR MUST HAVE BEN AT THE TIME OF HIS
DEATH A CITIZEN OF INDIA.
► IN CASE OF UNPUBLISHED WORK THE AUTHOR IS ON
THE DATE OF MAKING OS THE WORK A CITIZEN OF
INDIA OR DOMICILED IN INDIA. THIS DOES NOT APPLY
TO WORKS OFARCHITECTURE.
THESE CONDITIONS DO NOT APPLY TO FOREIGN WORKS
OR WORKS OF INTERNATIONAL ORGANISATION.
► IN THE CASE OF AN ARCHITECTURAL WORK OF ART. THE
WORK IS LOCATED IN INDIA.

28. RIGHT OF THE OWNER OF THE WORKS
► INCASE OF A LITERARY, DRAMATIC OR MUSICAL WORK, NOT BEING
A COMPUTER PROGRAMME:-
 TO REPRODUCE THE WORK IN ANY MATERIAL FORM INCLUDING THE
STORING OF IT IN ANY MEDIUM BY ELECTRONIC MEANS.
 TO ISSUE COPIES OF THE WORK TO THE PUBLIC AND NOT BEING
COPIES ALREADY IN CIRCULATION.
 TO PERFORM THE WORK IN PUBLIC, OR COMMUNICATE IT TO THE
PUBLIC.
 TO MAKE ANY CINEMATOGRAPH FILM OR SOUND RECORDING IN
RESPECT OF THE WORK.
 TO MAKE ANY TRANSLATION OF THE WORK.
 TO MAKE ANY ADAPTATION OF THE WORK.
 TO DO IN RELATION TO A TRANSLATION OR AN ADAPTATION OF THE
WORK, ANY OF THE ACTS SPECIFIED IN RELATION TO THE WORK IN SUB
CLAUSE (i) TO (vi)
► IN THE CASE OF A COMPUTER PROGRAMME:-
 TO DO ANY ACTS SPECIFIED IN CLAUSE (a)
 TO SELL OR GIVE ON HIRE, OR OFFER FOR SALE OR HIRE, ANY COPY OF
THE COMPUTER PROGRAMME, REGARDLESS OR WHETHER SUCH COPY
HAS BEN SOLD OR GIVEN ON HIRE ON EARLIER OCCASION.

29. TERM OF COPY RIGHT
►Copyright shall subsist in any literary,
dramatic, musical or artistic work
(other than a photograph) published
within the lifetime of the author until
sixty years (60) from the beginning of
the calendar year next following the
year in which the author dies.