Why are Intellectual Property Rights important?

Why are Intellectual Property Rights important?
Why are Intellectual Property Rights important?

Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and such rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair-trading, which would contribute to economic and social development in view of the immense commercial value of intellectual property.

Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities. Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind.

The intellectual property is classified into seven categories i.e . (1) Patent (2) Industrial Design (3) Trade Marks (4) Copyright (5) Geographical Indications (6) Lay out designs of integrated circuits (7) Protection of undisclosed information/Trade Secret according to TRIPs agreements.

Is it necessary to go to the Indian Patent Office to transact any business relating to patent application?

Is it necessary to go to the Indian Patent Office to transact any business relating to patent application?
Is it necessary to go to the Indian Patent Office to transact any business relating to patent application?

No, normally all the communications with the office are done through written correspondence. However, interviews relating to patent application can be had with examiners with prior appointment on any working day during prosecution stage.

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi.  All these offices act as Receiving Office (RO) for International application. The addresses of these offices are available on the website of CGPDTM i.e. www.ipindia.nic.in.

What are the grounds for filing the post grant opposition?

What are the grounds for filing the post grant opposition?
What are the grounds for filing the post grant opposition?

The grounds for filing post-grant opposition are contained in section 25(2) of the Patents Act 1970.

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi.  All these offices act as Receiving Office (RO) for International application. The addresses of these offices are available on the website of CGPDTM i.e. www.ipindia.nic.in.

What is the time limit for filing post-grant opposition in the patent office?

What is the time limit for filing post-grant opposition in the patent office?
What is the time limit for filing post-grant opposition in the patent office?

The time for filing post-grant opposition is 12 months from the date of publication of the grant of patent in the official journal of the patent office.

Patent – A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

A government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

 

What is time limit for filing the representation for pre-grant opposition?

What is time limit for filing the representation for pre-grant opposition?
What is time limit for filing the representation for pre-grant opposition?

A representation for pre-grant opposition can be filed within six months from the date of publication of the application u/s 11A or before the grant of patent. The grounds on which the representation can be filed are provided u/s 25(1) of the Patents Act 1970.

After filing the application for the grant of patent, a request for examination is required to be made by the applicant or by third party and thereafter it is taken up for examination by the Patent office. Usually, the First Examination Report is issued and the applicant is given an opportunity to correct the deficiencies in order to meet the objections raised in the said report.

The applicant must comply with the requirements within the prescribed time otherwise his application would be treated as deemed to have been abandoned. When all the requirements are met, the patent is granted and notified in the Patent office Journal. However before the grant of patent and after the publication of application, any person can make a representation for pre-grant opposition.

When the request for examination can be filed for patent?

When the request for examination can be filed for patent?
When the request for examination can be filed for patent?

The request for examination can be filed within a period of 48 months from the date of priority or date of filing of the application whichever is earlier. For more details kindly refer to rule 24B of the Patents Rules 2003 as amended upto 2006.

Patent – A government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

 

Is it necessary to file a provisional application for Intellectual Property Rights?

Is it necessary to file a provisional application for Intellectual Property Rights?
Is it necessary to file a provisional application for Intellectual Property Rights?

Generally, an application filed with provisional specification is known as provisional application which is useful in establishing a priority date for your invention.

Moreover, filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification.

However, it is not necessary to file an application with provisional specification and one can file application directly with complete specification.

The patent application is not examined automatically after its filing. The examination is done only after receipt of the request of examination either from the applicant or from third party.

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

What can be patented?

What can be patented?
What can be patented?

An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

What are the important aspects in Indian Design Act 2000?

What are the important aspects in Indian Design Act 2000?
What are the important aspects in Indian Design Act 2000?

The important aspects in Indian Design Act 2000 are –

  1. Identification of non-registerable designs
  2. Introducing a classification system (Locarno classification)
  3. Elimination of secrecy period of two years for a registered design
  4. Provision of public inspection after notification
  5. Introduction of rights of registered proprietor of design
  6. Initial term of protection is 10 years followed by another 5 years on request
  7. Provision of restoration of lapsed design.

In principle, the owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

The important aspects in Indian Design Act 2000 are: • identification of non-registerable designs • introducing a classification system (Locarno classification) • elimination of secrecy period of two years for a registered design • provision of public inspection after notification • introduction of rights of registered proprietor of design • initial term of protection is 10 years followed by another 5 years on request • provision of restoration of lapsed design.

Why is design registration important for business?

Why is design registration important for business?
Why is design registration important for business?

Design registration is important for business for the following reasons –

  1. To protect any new/ original shape, configuration, surface pattern, combination of lines or colours and prevent the imitation of the innovator’s design and prevent the commercial exploitation of the innovator’s design by the third party without the proprietor’s consent
  2. To obtain bonafide reward by commercial exploitation of the design by the creator as well as by assignment of the same to other parties
  3. To enable consumer to identify products.

The benefits of design registration as IP are that the registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. A registered proprietor of the design is entitled to protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He can license or sell his design as legal property for a consideration or royalty.