Patents
A patent is a monopoly right granted to an inventor by the Government for a limited period of time in consideration of disclosure of the invention. Not all inventions are patentable. The invention must be novel and not obvious and should qualify for industrial application. The invention must consist of an inventive step and should not be a mere rearrangement of known devices functioning independently of each other.
Before applying for a patent it is advisable to determine whether the invention is patentable. In case it is found that the invention is patentable, then a worldwide search should be conducted in order to determine whether there are any identical patents on record.
If the search is positive, then an application in the prescribed form with the prescribed fee is to be submitted at the Patent Office. The application should be accompanied by a specification. Subsequently, the application is examined and objections are raised. A suitable reply is also required to be filed. Thereafter the invention is advertised and any third party who is aggrieved may initiate opposition proceedings. Finally, if all the issues are settled letters patent is issued.
Trade Mark
A trade mark is a visual symbol applied to articles of commerce in order to indicate to the purchasing public and to the trade at large that the goods or services originate from a particular business source. It is advisable to conduct a trade mark search before making an application for registration of the trade mark.
If the search reveals no identical or similar trademarks, then an application in the prescribed form with the prescribed fee should be submitted at the trade mark office. The application is then examined and an appropriate reply is to be filed to meet the objections if any.
The mark is then advertised and oppositions may be initiated by third parties.
Finally, if there is no opposition the application proceeds towards trade mark registration. In case the opposition is decided in favour of the applicant, then the application proceeds toward registration as well.
Designs
Design registration protects the visual aspect or design of articles that are not merely utilitarian or functional. A search is advisable before a design application is made to the Patent Office. The application should be submitted in the prescribed form along with four sets of representations containing different views of the design. The Designs Office initially provides a filing number and date. Thereafter the Designs Office duly examines the application and communicates to the applicant any hindrances for registration of the design.
After the objections are met by the applicant, the Designs Office grants registration to the applicant.
The term of a design is 10 years and is renewable for a further period of five years.
Copyright
Copyright is an exclusive right granted for a fixed period of time. Copyright subsists in literary works, dramatic works, musical works and cinematograph films. In order to register a copyright an application is required to be made in the requisite form, including a Statement of Particulars and a Statement of Further Particulars along with the prescribed fees. The application must be accompanied by three copies of the published work and submitted to the Copyright Office. In case the work is unpublished a copy of the manuscript should accompany the application.
Geographical Indications
Geographical indications refer to the indications used on products to indicate that the product is of a specific quality that originates from a particular territory. Geographical indications indicate the qualities attached to the product due to the reputation of the place of origin of the product. Examples of Geographical Indications are Tirupati Laddoo,, Kolhapuri Chappals etc.
Summary:
In the modern business scenario the importance of Intellectual property has grown rapidly. Intellectual Property is in the form of intangible property. Such properties are created by the human mind. The notable types of Intellectual Properties are Patents, Trade Marks, Copyright, Design and Geographical Indications
Author is a practicing lawyer in India, specializing in Intellectual Property Laws, He is currently working in Biswajit Sarkar (www.biswajitsarkar.in ) which is empanelled with U. S. Consulate, British High Commission and French Trade Commission.
This is the official blog for Biswajit Sarkar, Advocates - IP Attorneys . We are a leading IP law firm in India, now growing as a full fledged law firm . The firm exclusively deals with Patents, Trade Marks, Designs, Copyrights and allied matters. The extensive legal practice of the firm encompasses International Trade related matters, corporate matters, foreign collaboration, and joint ventures. For more details, please visit our website www.biswajitsarkar.com .
