Protecting Your Ideas and Innovations

IPR

Introduction, IP and IPR

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Intellectual Property (IP) - is a property created by a person / persons using his / her own intellect for ultimate use in commerce and which is not available in the public domain.



Examples of IP are, an invention relating to a

product or process, a new design of an article, a

literary or artistic work and a trademark (a word,

a symbol and / or a logo, etc.),

Introduction continue ..

 Intellectual Property Right (IPR) is the

statutory right granted by the Government,

to applicant(s) or owner(s) of an intellectual

property (IP) to exclude others from

exploiting the IP commercially for a given

period of time, in lieu of the discloser of

his/her IP in an IPR application.

Importance of IPRs in general

Why should an IP be protected?

 IP is an assets and can be exploited by the owner for commercial gains

 IP owner can stop others from manufacturing and selling products and services which are dully protected by the IP owner

 IP owner can sell and/or license the IP for

commercial gains

Importance of IPRs cont. ..

 IP can be used to establish the goodwill and brand value in the market.

 Inventor, creator or author of an IP can mention about the IP in his/her resumes and thus show their competence

 IPR certificate establishes legal and valid

ownership about an intellectual property

Kinds of IPRs

IPRs are protected in accordance with the provisions of the corresponding legislations of a country. In India, IPRs can be protected and monopolized under the provisions of different Acts, mainly, for example,

1- The Patent Act, 1970, 2- The Designs Act, 2000, 3- The Trade Mark Act, 1999, 4- The Geographical Indications of Goods Act, 1999, 5- The Copyright Act, 1957, 6- Protection of Integrated Circuits Layout and Designs Act, 2000, 7- Protection of Plant Varieties and Farmers Rights Act, 2001, and also Trade Secret

Kinds of IPRs Cont. ..

 Patent (to protect technologies - The Patent Act)

 Trade Mark (to protect words, signs, logos, labels – The Trade Mark Act)

 Design (to protect outer ornamental configuration – The Designs Act)

 Geographical Indications (GI) (to protect region specific product –The Geographical Indications of Goods Act)

 Copyright (to protect literary and artistic work –The Copyright Act)

All kinds of IPRs are territorial rights

Patent

 Patent is an exclusive monopoly right granted to an applicant/patentee by the Govt., for a limited period to practice the invention (manufacture, use and sale), in lieu of the information (best known method) disclosed to the Govt. with regard to an invention.

 The Patent confers rights to the patentee to exploit the patent for commercial gains and also to stop others from manufacturing, and selling the patented products/process.

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 An invention in general mans a new discovery, relating to a product (machine) or process, even to an existing module or idea.

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An invention according to Indian Patent Act [Section 2(1)(j)] means:

i- a new product or process;

ii- involving an inventive step; and

iii- Capable of industrial application.

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Therefore any :

- product (e.g. device, machine, composition)

- process (used for preparing a tangible product), is patentable;

Only if the product or process is:

- new (novel)

- involving an inventive step (non-obvious) and is

- of industrial use (useful)

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