5 (a) Define Patent. Explain the Types of Patent Application.

Definition of Patent

A patent is a form of intellectual property that grants the patent holder the exclusive legal rights to make, use, sell, or
distribute an invention for a certain period—typically 20 years from the filing date. It ensures that others cannot
commercially exploit the invention without the patent holder’s permission.

Patents encourage innovation by rewarding inventors for their work, enabling them to monetize their inventions
while also benefiting society through technological advancements.

Types of Patent Applications

There are several types of patent applications, each serving a different purpose.

1. Provisional Application

o A temporary application filed to establish priority for an invention.

o Requires only a basic description and does not grant a patent.

o Gives the inventor 12 months to file a complete specification.

2. Non-Provisional (Complete) Application

o A detailed application that includes full specifications, claims, and drawings.

o Examined by the patent office before granting rights.

o Required for obtaining full patent protection.

3. Convention Application

o Filed when an applicant wants to claim priority from a previous application filed in another country
under the Paris Convention.

o Must be filed within 12 months from the original foreign filing date.

4. PCT International Application

o Filed under the Patent Cooperation Treaty (PCT).

o Allows inventors to seek patent protection in multiple countries through a single application.

o Grants 30-31 months to enter the national phase in different countries.

5. PCT National Phase Application

o Filed after the international phase of a PCT application.

o The applicant must choose specific countries where they want patent protection.

6. Divisional Application

o Filed when an invention contains multiple inventions that need to be separated into distinct patents.

o Useful when an original application is too broad.

7. Patent of Addition

o Filed when an inventor improves or modifies their original patented invention.

o It does not have a separate term; it expires along with the main patent.

Patents are essential for technological progress, commercial success, and legal protection against infringement.
5 (b) Explain the Following Terminologies:

1. Priority Date

• The first filing date of a patent application.

• Determines who gets patent rights when multiple inventors file similar inventions.

• Important in patent disputes and for establishing novelty.

2. Patent Specification

• A detailed legal document describing the invention.

• Consists of:

1. Title – Name of the invention.

2. Field of Invention – Describes the technical area.

3. Background – Explains prior art and the problem solved.

4. Summary – Overview of the invention.

5. Detailed Description – Technical specifications.

6. Claims – Legal definition of the invention’s scope.

7. Drawings (if required) – Diagrams for better understanding.

3. Patent Revocation

• A legal process to cancel a granted patent.

• Can occur due to:

1. Lack of novelty

2. Failure to disclose essential details

3. Violation of public interest

4. Fraudulent means of obtaining a patent

4. Assignee

• The person or entity to whom the patent rights are transferred.

• Can be an individual, organization, or company.

• Assignees can license, sell, or enforce the patent rights.

6 (a) Explain the Criteria for Obtaining Copyrights.

Copyright is a form of intellectual property protection for original works of authorship. To obtain copyright, a work
must meet the following conditions:

1. Originality

o The work must be independently created and not copied.

o It should possess some creativity and uniqueness.

o Example: A novel written by an author or a new software algorithm is considered original.

2. Fixation in a Tangible Medium

 o The work must be recorded, written, or stored in in a physical or digital form to be eligible for
copyright protection.

o Examples include books, music, films, and software.

• Protection applies regardless of the format, as long as the work is permanently fixed.
• Examples of fixed works:

▪ A manuscript written on paper.

▪ A photograph saved as a digital file.
▪ A piece of music recorded on an audio file.
▪ A film stored in a digital or physical format.

3. Creativity

o The work must be the result of an intellectual effort.

o Even minimal creativity is sufficient

o Example:
▪ A new painting based on a historical event is creative.
▪ A unique arrangement of words in a book, poem, or script is protected.

4. Protection Begins Automatically

o Unlike patents, copyright is automatic upon creation.

o Registration is optional but recommended for stronger legal protection.

o Example:
▪ If a photographer takes an original picture, it is copyrighted immediately, even if it is
not officially registered.
▪ However, registering the photo with a copyright office allows for easier enforcement
and legal claims if someone copies it.

5. Does Not Protect Ideas

o Only expressions of ideas are protected, not the ideas themselves.

o Example:
▪ A writer’s specific book about a futuristic society is copyrighted, but the concept of a
futuristic society is not.
▪ A song’s lyrics and melody are protected, but the theme or emotion behind the song
is not.

Implication: Others can create different works based on similar ideas, as long as they do not copy
the specific expression.
Copyright protects works for the lifetime of the creator plus 60 years (in India).

6 (b) Explain the Intellectual Property Rights in India.

India has strong Intellectual Property (IP) laws to protect inventors and creators. The main types of IP rights in India
are:

1. Patent Rights

o Governed by the Patent Act, 1970 (amended in 2005).

o Provides protection for 20 years.

 2. Copyrights

o Governed by the Copyright Act, 1957.

o Protects literary, artistic, musical, and dramatic works.

3. Trademarks

o Regulated under the Trademarks Act, 1999.

o Protects brand names, logos, and slogans.

4. Industrial Designs

o Regulated under the Designs Act, 2000.

o Protects the shape, configuration, and appearance of products.

5. Geographical Indications (GIs)

o Governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999.

o Protects region-specific products like Darjeeling Tea and Basmati Rice.

6. Trade Secrets

o Although not officially legislated, businesses protect trade secrets using non-disclosure agreements
(NDAs).

7. Semiconductor & Integrated Circuit Designs

o Protected under the Semiconductor Integrated Circuits Layout Design Act, 2000.

India’s IP laws align with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement.

5 (a) Define Intellectual Property. State Any Four IP Rights.

Intellectual Property (IP) refers to creations of the mind, including inventions, literary and artistic works, designs, and
symbols used in commerce. IP laws grant exclusive rights to creators and inventors, preventing unauthorized use and
allowing commercialization of their work.

Four Major Types of IP Rights

1. Patent Rights

o Protect inventions and technological advancements.

o Granted for 20 years from the filing date.

o Example: Patents for new drugs, machinery, or software innovations.

2. Copyrights

o Protect literary, artistic, musical, and dramatic works.

o Lasts for the creator’s lifetime + 60 years.

o Example: Novels, films, software code.

3. Trademarks

o Protect brand names, logos, and slogans that distinguish products/services.

o Example: Nike’s swoosh logo, Apple’s bitten apple symbol.

 4. Industrial Design Rights

o Protect the aesthetic or ornamental design of a product.

o Lasts for 10 years, renewable once.

o Example: The unique shape of Coca-Cola bottles.

Other types include Geographical Indications (GI), Trade Secrets, and Semiconductor Layout Designs.

5 (b) What is a Patent? State the Conditions for Obtaining Patent Protection.

A patent is an exclusive right granted to an inventor for a new and useful invention, preventing others from making,
selling, or using the invention without permission.

Conditions for Obtaining a Patent

1. Novelty

o The invention must be new and not disclosed in any prior art (existing knowledge).

o It should not have been disclosed in patents, research papers, books, public demonstrations, or any
other form before the filing date.

o Example: A new drug formulation for treating a rare disease is patentable if it has not been
publicly disclosed before.

2. Inventive Step (Non-Obviousness)

o The invention must not be obvious to experts in the field.

o It should involve an inventive step or technical advancement over existing knowledge.

o Example: A self-healing material that repairs cracks at the molecular level is non-obvious
and patentable.

3. Industrial Applicability

o The invention must be capable of being manufactured or used in an industry.

o It should have practical utility and not be purely theoretical.

o Example: A new type of fuel-efficient engine.

4. Patentable Subject Matter

o The invention must not fall under excluded categories such as:

▪ Natural laws or scientific theories (e.g., Newton’s Laws).

▪ Abstract ideas or algorithms.

▪ Traditional knowledge (e.g., Ayurvedic formulations).

5. Disclosure of Details

o The applicant must fully disclose how the invention works in the patent application.

o This includes:
▪ Detailed working principles and processes.
▪ Diagrams, technical drawings, and specifications.
▪ Best method for implementing the invention.
o Example : If a new medical device is invented, the patent application must include:
 o the device functions.
o What materials it is made of.
o Any experiments or tests conducted.

6 (a) State Any Five Rights Claimed Under Intellectual Property Rights and Copyrights.

1. Right to Reproduce

o Copyright holders can control copying and reproduction of their works.

o Example: A book author has the right to decide if copies of their book can be made.

2. Right to Distribute

o Owners can sell, rent, or share their work publicly.

o Example: A film producer controls DVD sales and online streaming rights.

3. Right to Derivative Works

o The right to create adaptations of the original work.

o Example: Turning a novel into a movie requires permission from the author.

4. Right to Public Display & Performance

o Owners decide how their work is performed or exhibited.

o Example: Musicians control public concerts and streaming rights.

5. Patent Rights

o Patent holders can manufacture, license, or sell their invention.

o Example: A pharmaceutical company can sell or license a new drug.

These rights help protect inventors and creators from unauthorized usage and financial losses.

6 (b) Write a Short Note on the Patent Act 2005.

Introduction to the Patent Act 2005

The Patent (Amendment) Act, 2005 was enacted in India to comply with the Trade-Related Aspects of Intellectual
Property Rights (TRIPS) agreement.

Key Features of the Patent Act 2005

1. Introduction of Product Patents

o Previously, India only allowed process patents for medicines and chemicals.

o The new act allowed product patents for pharmaceuticals, food, and chemicals.

2. Patent Term Extension

o Increased the patent protection period to 20 years (from 7 years for pharmaceuticals).

3. Compulsory Licensing

o Allowed the government to grant licenses to other manufacturers if the patent holder:

▪ Fails to make the product available to the public.

▪ Charges excessive prices.

4. Pre-grant & Post-grant Opposition

 o Allowed third parties to challenge patents before and after approval.

5. Stronger Patent Protection for Foreign Companies

o Encouraged foreign investment in India’s pharmaceutical and tech industries.

The Patent Act 2005 strengthened India’s IP system while ensuring affordable access to essential medicines.

5 (a) Explain the Necessity of Intellectual Property Rights.

Intellectual Property Rights (IPR) are legal protections granted to inventors, authors, and businesses to control the
use and commercialization of their creative and innovative works. Without IPR, original creators would struggle to
gain financial and professional benefits from their work, which would discourage further innovation.

Necessity of Intellectual Property Rights

1. Encourages Innovation and Creativity

o IP rights reward inventors and creators by granting them exclusive rights to their work.

o Companies invest heavily in research and development (R&D), and strong IP laws ensure they can
recover their investment.

o Example: Pharmaceutical patents encourage companies to develop new medicines.

2. Promotes Economic Growth and Competitiveness

o Nations with strong IP protection attract foreign direct investment (FDI) and foster economic
development.

o IP-driven industries such as technology, entertainment, and manufacturing contribute significantly to

GDP growth.

o Example: The IT industry in India has flourished due to software copyright protection.

3. Prevents Unauthorized Use (Piracy and Counterfeiting)

o IP rights provide legal protection against plagiarism, counterfeiting, and unauthorized use.

o Example: Copyright laws help prevent illegal streaming of movies and songs.

4. Encourages Fair Trade and Consumer Protection

o Trademarks ensure product authenticity, helping consumers identify genuine brands.

o Geographical indications (GI) protect products with unique regional qualities (e.g., Darjeeling Tea,
Basmati Rice).

5. Provides Competitive Advantage to Businesses

o Companies use patents and trade secrets to differentiate themselves from competitors.

o Example: Apple’s patented technology ensures its dominance in the smartphone industry.

6. Enhances International Trade and Investment

o Compliance with global IP treaties (TRIPS, WIPO) allows businesses to expand internationally.

o Example: Multinational companies file patents globally to secure their innovations in different
markets.

IPR plays a vital role in modern economies by fostering innovation, protecting businesses, preventing counterfeiting,
and ensuring fair trade. Without strong IP laws, progress in science, arts, and technology would slow down
significantly.
5 (b) What is a Patent? What are the Criteria of Patentability?

A patent is an exclusive legal right granted to an inventor for a specific period (usually 20 years) to prevent others
from making, selling, or using their invention without permission. It serves as a reward for technological innovation
by allowing inventors to commercialize their work.

Criteria for Patentability

To qualify for a patent, an invention must meet the following criteria:

1. Novelty (Newness)

o The invention must be entirely new and must not have been publicly disclosed before the filing date.

o It should not be published, patented, or used anywhere in the world.

o Example: A new type of solar battery that has not been seen before.

2. Inventive Step (Non-Obviousness)

o The invention must not be an obvious improvement over existing knowledge.

o It should require significant technical advancement.

o Example: A self-healing concrete that repairs cracks automatically.

3. Industrial Applicability (Usefulness)

o The invention must have practical application in an industry.

o It should be capable of being manufactured or used in a specific field.

o Example: A new drug formulation used for treating a disease.

4. Patentable Subject Matter

o The invention should not fall under the list of non-patentable items as per Section 3 of the Indian
Patent Act.

o Non-patentable items include:

▪ Scientific theories (e.g., Einstein’s Theory of Relativity).

▪ Mathematical methods (e.g., an improved method of multiplication).

▪ Abstract ideas (e.g., a philosophical principle).

▪ Traditional knowledge (e.g., using turmeric for healing wounds).

5. Complete and Clear Disclosure

o The inventor must fully disclose the working of the invention in the patent application.

o This ensures that after the patent expires, the public can freely use the technology.

Patents protect technological advancements and promote scientific and industrial progress. Without patent
protection, companies and individuals would lack the incentive to develop new and groundbreaking inventions.

6 (a) Discuss the Rights Associated with Patents.

A patent holder is granted various legal rights to protect, use, and commercialize their invention. These rights are
essential for ensuring that inventors benefit financially from their innovations.

Major Rights Associated with Patents

 1. Right to Manufacture and Use

o The patent holder can produce, use, or implement the invention in their business.

o Example: A car company with a patented electric engine design can manufacture vehicles using that
design.

2. Right to Sell and Distribute

o The patent owner has the exclusive right to sell or distribute the patented product.

o They can prevent unauthorized companies from making money off their innovation.

o Example: A pharmaceutical company selling a patented life-saving drug.

3. Right to License or Assign

o The patent holder can license their patent to another company for royalties.

o Example: A biotech firm licensing its genetic research patent to pharmaceutical companies.

4. Right to Prevent Infringement

o If a third party copies or uses the patented invention without permission, the patent owner can take
legal action.

o Example: Apple suing Samsung over patent infringement in smartphone designs.

5. Right to Import the Invention

o The patent holder controls importation of their invention into different markets.

o Example: Tesla can restrict unauthorized companies from importing their patented battery
technology.

6. Right to Challenge Infringement Cases

o If someone tries to invalidate the patent, the owner can defend their rights in court.

Patent rights ensure that inventors receive the financial rewards they deserve while preventing unfair competition.
Without these rights, innovation and business growth would be severely affected.

6 (b) List and Explain in Detail Various Types of Intellectual Property Rights.

Introduction to Intellectual Property Rights (IPR)

Intellectual Property Rights (IPR) protect creations of the mind, such as inventions, artistic works, and business
symbols. These legal protections encourage creativity, innovation, and fair competition.

Types of Intellectual Property Rights

1. Patents

o Protect new inventions or technological advancements.

o Duration: 20 years.

o Example: COVID-19 vaccines patented by pharmaceutical companies.

2. Copyrights

o Protect literary, artistic, and musical works.

o Duration: Lifetime of the author + 60 years.

o Example: Copyright for films, books, and software.

 3. Trademarks

o Protect brand names, logos, and slogans.

o Example: McDonald's golden arches logo and Nike's swoosh.

4. Industrial Designs

o Protect the shape, appearance, and aesthetics of products.

o Example: The design of luxury watches or smartphones.

5. Geographical Indications (GI)

o Protect products associated with a specific region.

o Example: Darjeeling Tea, Mysore Silk, and Swiss Watches.

6. Trade Secrets

o Protect confidential business processes.

o Example: Coca-Cola's secret formula.

7. Semiconductor Layout Design

o Protects microchip circuit designs.

o Example: Processor designs by Intel and AMD.

Intellectual property rights are essential for protecting innovation, artistic works, brands, and technological
advancements. Strong IPR laws drive economic growth and encourage creativity across industries.