TYPES OF PATENTS

INTELLECTUAL PROPERTY RIGHTS

Yashu Mishra
BBA LLB (H), MIT-WPU
INTRODUCTION

According to WIPO, Intellectual property (IP) refers to creations of the mind, such as
inventions; literary and artistic works; designs; symbols, names and images used in
commerce.
Companies are diligent in identifying and safeguarding intellectual property because it is so
valuable in today's increasingly knowledge-based economy. Intellectual property, despite
being an intangible commodity, can be far more valuable than a company's physical assets.
With every innovation or idea, there is a privilege to protect it for your own interest, and this
idea gave birth to Intellectual Property Rights which protect the interest of the Intellectual
Property holder.
In India there are seven types of intellectual property rights namely;
1) The Patent Act, 1970 (Amended in 2005)
2) The Copyright Act, 1957
3) The Designs Act, 2000
4) The Geographical Indication of Goods Act, 1999
5) Trademark Act, 1999
6) The Semiconductor Integrated Circuits Layout Design Act, 2000
7) The Protection of Plant Varieties and Farmers' Right Act, 2001

WHAT IS A PATENT:

A patent is a type of intellectual property (IP) protection that protects a technical invention. It
enables you to prevent others from commercialising your invention for up to 20 years. You
decide who is permitted to manufacture, sell, or import your creation in countries where you
have a valid patent. You can also trade your patent, for example, by selling it or licencing the
use of your creation. However, patent protection may also hamper further innovation,
especially when it limits access to essential knowledge, as may be the case in emerging
technological areas when innovation has a marked cumulative character and patents protect
foundational inventions. Obtaining a patent prevents others from producing, using, or selling
your intellectual property without your permission. According to Indian Patent law, patents
can be granted for a process, an apparatus, a new use of an existing substance, or an
improvement on an existing technology that can be demonstrated to be new, useful, and not
apparent to a person knowledgeable in the field.
However, obtaining a patent can be a difficult legal procedure. The Indian Patent Office, in
collaboration with patent attorneys and agents, can assist you in navigating the legal
requirements to determine whether your creation is patentable. After filing a patent
application, it can take a long time for the Indian Patent Office to award or deny the patent.
One of the most known and successful Indian patent inventions was HDFonoDoc – Invented
by Arvind Thiagarajan, HDFonoDoc is a trailblazing handy device, which can detect murmur
in the heart within 10 seconds. It is a fact well-known in the medical world that if the murmur
is not detected and corrected in time, it may cost a life. This 37-year-old inventor has
scientific ingenuity which received a boost when Dr APJ Abdul Kalam honoured him with
Junior Scientist Award in 2001. He is a prolific entrepreneur and founder of several Medical
diagnostic start-ups who has over 40 patents under his name.

TYPES OF PATENT:
Each type of patent has its own eligibility requirements and protects a particular form of
invention or discovery; however, one invention or discovery may be eligible for more than
one type of patent. For example, if a person invents an object and desires to patent both its
functional features and its design, the inventor must file two separate patent applications.
(both a utility and design patent). This article will give you an overview of the three kinds of
patents accessible in India:
1) Utility Patent:
Utility patents are the most common type of patent and cover a wide range of inventions.
Some examples of inventions that can be protected by utility patents include machines,
processes, chemicals, and software. In order to be granted a utility patent, an invention
must meet the following requirements: it must be new, non-obvious, and useful. Utility
patents are known as "patents of invention" in India and are awarded for any new and
useful process, machine, item of manufacture, matter composition, or any new and useful
improvement thereof. These patents protect the functional parts of an invention and grant
the inventor exclusive rights for up to 20 years from the date of filing. Once granted, a
utility patent gives the inventor the exclusive right to prevent others from making, using,
selling, or importing the invention for a period of 20 years from the date of filing. Popular
examples of a utility patent are The lightbulb (Thomas Edison), The telephone
(Alexander Graham Bell), and The aeroplane (Orville and Wilbur Wright).
2) Design Patent:
Design patents protect the ornamental appearance of an article of manufacture, such as
the shape, configuration, pattern, or surface ornamentation. Unlike utility patents, design
patents do not protect the functional aspects of an invention. To be granted a design
patent, an invention must be new and non-obvious, and the application must include clear
drawings or photographs of the design. Design patents are known as "design
registrations" in India and are awarded for any new or original shape, configuration,
pattern, or ornamentation applied to a manufactured item. Once granted, a design patent
provides the inventor with the exclusive right to prevent others from making, using, or
selling any article of manufacture that is substantially similar in appearance to the
patented design, for a period of 15 years from the date of grant. Some examples of a
design patent are Apple's iPhone, Coca-Cola bottle shape, Nike's "Air" shoe design, the
original Gibson Les Paul guitar, the Swatch watch

3) Plant Patent:
Plant patents protect new and distinct varieties of plants that have been asexually
reproduced, such as through cuttings or grafting. In order to be granted a plant patent, the
plant variety must be new, distinct, uniform, and stable. Once granted, a plant patent
provides the inventor with the exclusive right to prevent others from reproducing, selling,
or using the patented plant variety for a period of 20 years from the date of filing. The
"Pink Lady" apple variety, the "Better Boy" tomato variety, and the "Crimson Queen"
Japanese maple tree are a few of the famous plant patents.

CONCLUSION
Each type of patent has its own requirements and application process, and obtaining a
patent can provide the inventor with exclusive rights to make, use, and sell the invention
for a certain period of time. It is important for inventors to carefully consider which type
of patent is appropriate for their invention and seek professional legal advice to navigate
the patent application process in India. Overall, patents serve as an important tool for
promoting innovation, protecting intellectual property rights, and encouraging economic
growth in India. The specific type of patent that is appropriate for an invention will
depend on the nature of the invention and the goals of the inventor. Regardless of the type
of patent, obtaining a patent in India can provide valuable protection for an inventor's
intellectual property and contribute to the advancement of technology and innovation in
the country.