IP Knowledge Base

PATENTS:
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. A patent provides protection for the invention to the owner of the patent for a limited period, generally 20 years.

TYPES OF PATENTS

• Ordinary Patent
• Patents of addition
• Convention

PATENTABLE INVENTIONS

An invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; or substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention.

WHAT IS NOT PATENTABLE

1. An invention that is frivolous or that claims anything obviously contrary to well-established natural laws;
2. An invention the primary or intended use of which would be contrary to law or morality or injurious to public health;
3. The mere discovery of a scientific principle or the formulation of an abstract theory;
4. The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
5. 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;
6. The mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way;
7. A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient, or for the improvement or restoration of the existing machine, apparatus or other equipment, or for the improvement or control of manufacture;
8. A method of agriculture or horticulture;
9. Inventions relating to atomic energy.
   In the case of inventions relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) & substances intended for use or capable of being used as food. No patent will be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture will be patented

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create

A trademark or brand-name is a distinctive sign which identifies certain goods or
services as those produced or provided by a specific person or enterprise. The period of protection for a trademark varies, but can generally be renewed indefinitely.

An industrial design – or simply a design – is the ornamental or aesthetic aspect of an article produced by industry or handicraft; registration and renewals provide protection for, in most cases, up to 15 years.

Copyright and Related Rights: Copyright is a legal term describing rights given to creators for their literary and artistic works (including computer software). Related rights are granted to performing artists, producers of sound recordings and broadcasting organizations in their radio and television programmes.

The contain of this page is adapted and used from the World Intellectual Property Organization website and Hand Book of Copyright Law, GoI, DPIIT. For Detail Study please refer following websites:
1. https://www.wipo.int/patents/en/
2. https://copyright.gov.in/documents/handbook.html
3. https://www.wipo.int/designs/en/
4. https://www.wipo.int/trademarks/en/