What is Intellectual Property?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and
artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people
to earn recognition or financial benefit from what they invent or create. By striking the right
balance between the interests of innovators and the wider public interest, the IP system aims
to foster an environment in which creativity and innovation can flourish.
The protective umbrella of TRIPS covers;

1.Copyright
2.Trademarks
3.Geographical Indications
4.Industrial Designs
5.Patents
6.Layout designs of Integrated Circuits
7.Protection of Undisclosed Information.
Types of intellectual
property
Patent
A patent is an exclusive right
granted for an invention.
Generally speaking, a patent
provides the patent owner with
the right to decide how - or
whether - the invention can be
used by others. In exchange for
this right, the patent owner
makes technical information
about the invention publicly
available in the published patent
document.
Copyright
Copyright is a legal term
used to describe the rights
that creators have over
their literary and artistic
works. Works covered by
copyright range from books,
music, paintings, sculpture
and films, to computer
programs, databases,
advertisements, maps and
technical drawings.
Trademarks
A trademark is a sign
capable of distinguishing
the goods or services of
one enterprise from those
of other enterprises.
Trademarks date back to
ancient times when
artisans used to put their
signature or "mark" on
their products.
Industrial designs
An industrial design
constitutes the ornamental
or aesthetic aspect of an
article. A design may
consist of three-
dimensional features, such
as the shape or surface of
an article, or of two-
dimensional features, such
as patterns, lines or color.
Geographical indications
Geographical indications and
appellations of origin are
signs used on goods that
have a specific geographical
origin and possess qualities,
a reputation or
characteristics that are
essentially attributable to
that place of origin. Most
commonly, a geographical
indication includes the name
of the place of origin of the
goods.
Trade secrets
Trade secrets are IP rights
on confidential information
which may be sold or
licensed. The unauthorized
acquisition, use or
disclosure of such secret
information in a manner
contrary to honest
commercial practices by
others is regarded as an
unfair practice and a
violation of the trade
secret protection.
What is a patent?
• A patent is an exclusive right that prevents anyone else from making,
using, selling, distributing, importing, or selling your invention without
permission for a set period of time. This timeline can extend up to 20
years, depending on the type of patent.
• The first Indian patent laws were promulgated in 1856. Subsequently,
these were modified from time to time as per needs. However, new patent
laws were made after the independence in the form of the Indian Patent
Act 1970. The Act has now been radically amended to become fully
compliant with the provisions of TRIPS. The most recent amendment was
made in 2005 which were preceded by the amendments in 2000 and 2003.
While the process of bringing out amendments was going on, in the mean
time, India became a member of the Paris Convention, Patent Cooperation
Treaty and Budapest Treaty. The need of patent arises in India as fast
technological developments in different sectors have been started
• The patent can be obtained by filing an application to the regional or
national Patent Office along with the description of the invention and its
comparison with the existing one (Patent forms can be downloaded from
website (www.ipindia.nic.in). The term of every patent is 20 years from
the date of filing of patent application, irrespective of whether it is filed
with provisional or complete specification. Date of patent is the date on
which the application for patent is filed In respect of patent applications
filed, following aspects will have to be kept in mind:
• Claim or claims can now relate to single invention or group of inventions
linked so as to form a single inventive concept.
• Applicant has to request for examination 12 months within publication or
48 months from date of application, whichever is later.
• If the invention has market potential and one thinks that another company
could make profits from that invention, it needs protection as a patent. A
patent gives the right to exclude others from making the same product. The
patent holder has time to market the invention exclusively without
competition on higher prices. It gives the right for legal action against the
person making or selling the product without permission from the patent
holder.
• One can make money from the invention by licensing or selling to someone
else. It promotes inventiveness by ensuring adequate returns to the
investment made. Avoids duplication of research. Helps improving existing
technology to produce cheaper and better. Promotes inventiveness by
ensuring adequate returns to the investment made. Keeps abreast with latest
development in technology.
Research results in any field of technology, processes or products which are new,
inventive and useful are patentable under the patent act.
• Micro-organism based formulations (Bio-control agents, bio fertilizers etc).
• Genetically engineered microorganism (Bio-degraders, bio-stimulants, bio
protectants) and processes related to their applications.
• Plant based agrochemicals, their purification & testing processes & formulations.
• Diagnostic kits. Agricultural machinery, implements and laboratory equipments.
• High value compound from living body.
• New genes from living body, gene primers, construct gene guns etc.
• Information systems & softwares etc.
• Processes leading to development of Genetically Modified Organisms (GMO).
• Recombinant DNA, plasmids and processes of manufacturing thereof are
patentable.
• Processes relating to microorganisms or producing chemical substances etc.
What are the different types of patents?
Design
Design patents only protect the ornamental exterior or look of a product that has practical use.
The invention must have a useful and original design. An example of this type of patent is the
original Coca-Cola bottle design.
•Patent duration: 15 years
Utility
Utility patents are an umbrella of inventions that most people think of when they hear "patent."
A utility patent is a highly detailed technical document that details how a new machine, process,
or system works and offers a powerful form of protection. This patent has protected a broad
range of inventions like the broom, computers, business processes, and pharmaceuticals.
•Patent duration: 20 years
Plant
Plant patents aim to protect an inventor who has created a unique variety of plant. For example,
new varieties of roses and apples have been protected by plant patents. This is the least frequently
granted patent.
•Patent duration: 20 years
A patent gives you absolute ownership over your invention and prevents others from
profiting off your thinking and hard work. A patent attorney can assist you through this
process as well, as they specialize in patent law and practice. Here are other rights that the
patent holder has under a patent:
•Right to claim damages: A patent holder has a right to damages for infringement if an
infringer is using their patented invention without permission. The patent holder may also
have a right to damages if the infringer's invention is substantially similar to the original
invention.
•Right of sale: A patent holder has the right to sell, import, or manufacture their invention
as they wish.
•Right to grant a license: A patent holder has the right to grant a license for the use of
their invention to a third party. This allows the third party to legally use and benefit from
the patent.
Patent examples
There are many inventions that have been created to make our lives easier. Here are some key
inventions throughout history that have been patented:
•The internal combustion engine: Without this invention, vehicles wouldn't be possible. The first engine
was patented in 1823 by Samuel Brown.
•The lightbulb: One of the most famous patents was awarded to Thomas Edison for the invention of the
electric lightbulb in 1878. Edison achieved 1,093 patents in his lifetime.
•The television: The patent for the first television system was given to Philo Taylor Farnsworth in 1930.
•The computer: Steve Jobs and his colleagues at Apple patented his invention of the personal computer in
1983.
Some lesser-known patented ideas include:
•Chicken eye protectors: In 1908, Andrew Jackson Jr. patented eye protectors for chickens with the purpose
of preventing them from pecking each others' eyes out.
•Steel kidneys: Nils Alwall patented the first steel kidneys in 1946 to help those suffering from kidney
disease.
•The car coffee machine: This invention was patented in 1993 as a way to brew coffee right in your car—
complete with a splash guard to prevent spillage while on the highway.
•Magnetic locker wallpaper: This was created in 2008 by a student who wanted to dress up her locker.
Location of Patent Offices and their Territorial Jurisdiction in India
There are four patent offices located in different metropolitan cities in India.
Patent office Territorial Jurisdiction
Mumbai* Maharashtra, Gujarat, Madhya Pradesh , Goa, Chhattisgarh,
Daman & Diu and Dadar & Nagar Haveli
Chennai Andhra Pradesh, Kerala, Tamil Nadu, Karnataka, Puducherry and
Lakshadweep
New Delhi Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab,
Rajasthan, Uttar Pradesh, Uttaranchal, Chandigarh and Delhi
Kolkata Rest of India

*Address of the Patent Office for Maharashtra Boudhik Sampada Bhawan, S.M.
Road, Near Antop Hill Post Office, Antop Hill, Mumbai - 400 037. 24137701,
24141026, 24150381, 24148165, 24171457 : 24130387 : : Phone : Fax E-mail
[email protected]
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