INTRODUCTION
WHAT IS IP?
INTELLECTUAL PROPERTY
Generally, Intellectual property is a creative mind relating to unique work that has been done by the intellects in the fields of artistic works, new inventions, symbols, designs, names, and images.
- Intellectual Property is an intangible asset.
- Intangible Assets are assets that are not physical and couldn’t able to touch the unique ideas or techniques that an intelligent person can have.
MAJOR HEADERS OF INTELLECTUAL PROPERTY
TRADEMARK:
- Marks of trade such as a logo, signs, Images, and products are very unique apart from the generic names.
- Once granted protection, a trademark registration, in India lasts for 10 years.
- This can be renewed.
COPY RIGHT:
- An Exclusive right can be given to a creator to reproduce the work in specified fields.
- For example, poems, literary works, stories, pictures, etc.
- Once the issuance of the certificate is done then it can be protected in India for literary and artistic work for the lifetime of the author and then 60 years from the death of the author.
- This cannot be renewed.
DESIGNS:
- A Design is defined as a feature of shape, configuration, pattern or ornaments or composition of lines or colour of combination applied to any article whether two-dimensional or in both forms and it protects the looks i.e., appeal to the eye (aesthetic or artistic appeal) and the functionality.
- It gives authority to the creator to use the design for ten years, the period can be extended to five years.
PATENTS:
- A Patent right is granted to the owner of an invention for technical inventions solving technical problems.
- This can be protected by registration, and in patents, registration is mandatory to protect. Once the registration is a success then it can be protected for 20 years and it cannot be renewed.
NOTE: These are only some types of IP, not all types of IP we have more traditional knowledge and a geographical indication as well. But above mentioned are major headers.
ON THE SIDE OF PATENT
Before going into the topic in detail, let us know why the patents come into existence. In these modern times, technology has become a defeat to come up with something which will change the course of evolution. The inventions that are coming in the future benefit the sake of the public so the government has chosen this method of appreciating and protecting the unique inventions of the inventors.
The word patent has been originated from the Latin word “patere” which means to lay open Patent is a form of IP where the government has given legal rights to the creator which can be granted for intellect ideas that are technically useful and technically resolved. And such information must be disclosed to the public in a patent application. It is an exclusive right to exploit an invention economically and the right to monopoly and excludes others from making, selling, or importing the patented product for the purpose for which such invention has been patented.
For the products or processes which can benefit the public only such ideas would be granted patents. As I said in the above lines the patent can have a period of twenty years after application. For granting a patent it may take 3 or 5 years in some cases it may take 18 years after applying it depends on the individual patents and they get legal rights only when the patent is granted Patent rights are considered to be territorial rights which are distinct from other jurisdictions.
For example: If a person files for a patent regarding any product or process and that application was filed in India then the Ip rights are granted in that jurisdiction itself it cannot be protected from other countries. However, there is a chance to go for applying to other countries too.
After the patent law amendment Act 2005 came into existence the provision has been added for the extension of products in the sector of drugs, food, and chemicals. Under section 3(D) importation of pharmaceutical medicines has been given a compulsory license.
PATENTABILITY CRIERIA
According to the patent Act 1970 a product or a process that is to be granted a patent those inventions must satisfy the following criteria in almost all jurisdictions they are 3 criteria and these are separate then jurisdictional requirements for patentability. They should be there for every single individual jurisdiction which is covered under section 3 in India. The following three criteria namely:
- NOVELTY:
When any product or process is invented by the creator it must not be in existence, no prior art before it. The invention should be novel and it should be a new idea it must not explain anywhere and the invention is not disclosed in the public domain this is the first basic criterion that needs to be satisfied.
- INVENTIVE STEP/ NON-OBVIOUSNESS
Under section-2 (ja) of the Patent Act, it states that an “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. Generally, the arguments come from this criterion from the patent offices that this technology is not having an inventive step.
For example, A toymaker would have more knowledge about his work and there will be no inventive step just a novelty of a product because they are already having a prior art just improvisations are made from the previously known products which are already disclosed to the public and it is so obvious, and that person is ordinarily skilled in the art daily interacting with the same product using a same component from one another and form it as a new invention is not an inventive step.
One instance where the above 2 criteria are met is the case of, Biswanath Prasad Radhey Shyam vs Hindustan Metal Industries on 13 December 1978
- INDUSTRIAL APPLICABILITY:
According to section -2(j) “invention” means a product or process involving an inventive step and capable of industrial application. All the inventions which are satisfying all three criteria and must be capable of industrial application are patented but only some manufacturers are not given patents even though there is a novelty and inventive step why because national security is the utmost priority for the government and citizens such as atomic sciences, explosions, creations, and manufacturing guns these are deemed to be destructive.
TYPES OF PATENTS
- Utility patents:
These patents are novelty and have industrially applicable and considered to be useful.
- Design patents:
These patents protect the design, and image of a product. As discussed above in the types of IP.
- Plant patents:
The plant patents are granted to the applicants for plants than can reproduce by following the three criteria.
MORE ON PATENTS
Patents are given as credit to the inventors who spend a lot of time and effort to incent a useful technology. But for this patent claims can be issued in two ways that are through products or processes where the products include a system, apparatus, and device, and in the process, it includes a new method to form a unique invention by following criteria. If any infringement of patents occurs can take legal action after the issuance of patents.
CONCLUSION
At last, we conclude that when any technical product or process which solves the issue and disclosed to the public needs to be patented, it definitely would follow the mentioned criteria which are must be possessed with three essentials are novelty, inventive step/ non-obviousness and industrial applicability without these essentials the application will be rejected and the patent offices in every country are very much concerned about the unique inventions which are industrially applicable and identifying the need of every product which is invented by such person for their creation government has been giving credits and protecting in every aspect for about twenty years to exploit an invention economically right to monopoly which excludes from others by providing the patentee to hold legal rights to safeguard the invention and also provide legal remedies for the infringement.
Author(s) Name: Harika Bokki (Sri Padmavathi Mahila Viswavidyalayam, Tirupati (AP))
