A patent is a right given to a person for an invention for a limited term.
A Patent application may be filed by first inventor or his assignee, either alone or jointly with any other person. The right to file application for Patent may be assigned by the inventor.
Any person can draft an application and file it. The application must be accompanied by a provisional or a complete specification. It can be filed at any intellectual offices (Delhi, Mumbai, Chennai, Kolkata, and Nagpur) depending upon the jurisdiction of the Applicant. It can also be filled online via E-filing.
The patent is granted for 20 years.
Types of patents are :
· Ordinary Application
· Convention Application
· PCT Application
· Divisional Application, which can result from division of a Patent Application
. Patent of Addition, which may be filed subsequent to the filing of an Application for Patent, for an improvement or modification
The laws of nature, physical phenomena, and abstract ideas are not patentable subject matter. A new mineral discovered in the earth or a new plant found in the wild is not patentable subject matter.
No, it is a territorial right. Hence patent granted in India is valid only within the territory of India. However the applicant can file a corresponding application for same invention in different countries, within or before expiry of twelve months from the filing date in India.
A patent can be revoked on petition of any person interested or of the Central Government, or on a counter claim in a suit for infringement of the patent by the High Court.
Under pre-grant opposition, any person can represent for opposition, in writing, to the Indian Patent Office, against the grant of a patent after the application for a patent has been published, but a patent has not been granted. With regards to opposition after the grant, or post-grant opposition, at any time after the grant of patent but before the expiry of period of one year (12 months) from the date of publication of grant of patent, any person interested may give notice of opposition to the Patent office.
It is a word, numeral, or graphical representation or the combination of either of them which distinguishes goods and services of one person from another. It may be a word, logo or device. Examples Godrej, McDonalds
Once trademark is registered, it is valid for 10 years and can be renewed thereafter.
The steps for Trademark registration are as follows
· Trademark application filling
· Insurance of examination report by registry
· Reply to examination report
· Advertisement
· Opposition
. Grant of certificate
Trademark can be filed at any of the 5 intellectual property offices in India (Delhi, Mumbai, Ahmedabad, Chennai, and Kolkata) depending on jurisdiction of the business of applicant.
Yes, foreign investors can register trademark in India. Indian Trademark Law TRIPS provides protection to them.
Yes, they can be registered under the Indian Trademark Law.
Design means shape, configuration, pattern or ornament or composition of lines or color or combination thereof applied to any article, and is eye appealing.
Design application can be filed at Calcutta, Delhi, Mumbai, and Chennai
There is no protection for designs that are not registered; anyone in public can copy and make the product. There is no right in the design of a product which is not registered.
The duration of the registration of a design is 10 years from the date of registration, which can be extended by 5 years.
Piracy of a design is nothing but copying of a design for a product by third parties without the permission of the right holder.
If anyone is found to violate a registered design or copy it, the registered proprietor can file a civil suit and seek injunction against the infringer.
Yes, registered designs are open for public inspection only after publication in the official gazette, on payment of prescribed fee of Rs. 500/- on a request in Form-5.
No formula is disclosed while filing a design. Only the external shape of a product is required.
Copyright subsists all literary, artistic works. It is owned by creator of dramatics, musical and artistic works and producers of cinematograph films and sound recordings.
All original published and unpublished literary, dramatic, artistic, musical work, sound recording and cinematographic works are registrable.
The Copyright Office has been set up in New Delhi. The applications are accepted by post and On-line too through “E-filing facility.
A website contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works.
Any individual who is the author or owner, or his/ her assignee or legal heir can file an application for the registration of copyright of a work.
· The duration of copyright work varies depending upon the type of work. The terms are as follows :
· Literary or musical works/ artistic works lasts life span.
· Cinematograph films, photographs and computer programs are protected for 60 years, where work is made available to public after the consent of owner of published work.
. Sound recordings are protected for 60 years from the end of year in which first recording is published.
