Advantages of getting a patent

Basics and Patentictionary on Intellectual Property Rights

As the proverb rightly says “necessity is the mother of invention”, increase in the demand for a better life has led to a tremendous increase in the number of inventions and the ideas coming up. In today’s world with the growth in the number of ideas and innovations, it becomes equally important to protect the intellect of the creative heads from being misused. To get our ideas preserved, we need to legalize the system and this has been aptly done by the Intellectual Property Rights.

Introduction

Let us time travel to know some history behind the passing a law that protects inventions of human intellect. In ancient times Romans used to have a distinctive stamp on their bricks for identification purposes.

Also, the thought of protecting once innovation can be traced back to the ancient Greek city of Sybaris where the leaders had granted monopoly for one year to the creator for cooking a delicious dish. So, if ideas could be protected back in past, then it becomes a duty of the advanced world to safeguard the uniqueness of creative minds.

April 26 is celebrated as World Intellectual Property Day to raise awareness and promote the importance of Intellectual property right in encouraging creativity and innovation. This Day was commenced in 1999.

All the unique ways of molding and casting of ideas that lights up the fiction bulb above your heads are categorized under the Intellectual properties. This includes inventions; names, symbols, images, designs, literary and artistic works.

Intellectual Property Right is a law that protects the Intellectual properties and allows the inventors to earn recognition and financial perks from their mindful innovations.

Various Intellectual Property Rights are Patents, copyrights, trademarks, industrial design rights, plant variety rights, geographical indications, trade dress and jurisdiction trade secrets. Some more specialized and exclusive rights are circuit design rights, supplementary protection certificate for pharmaceuticals and database rights.

Now let’s discuss all the IPR in detail: –

Patent

A proficient who has created something new that belongs exclusively to the creator, but sometimes the work is misutilised by others in many ways like stealing, commercial exploitation, copying and manufacturing the same product without permission. So, to help the creator to secure and safeguard its invention, a legal body has been set up to validate and give you the grant of being the owner of your invention.
A patent is the perfect way to encourage wizard minds to invent new ideas and have their Eureka moments for the goodness of mankind while some making their ways to make a mark in the history of inventions.

Advantages of a patent:

Patent grants you the right to take action against any illegal intervention of others into your property. It stops bigger enterprises to compete with you. Once your patent application has been granted you get the right to sue an enterprise or competitor for launching a revised version of your patented idea or product. It also gives you the advantage to make them return the profit made and also bar them from making any further profits. Patent can be licensed for benefit of others and also can be sold. It can in turn be an asset to the creator and also be a source of earning. But this comes with a condition of market demand. Licensing a patent can be of advantage if the patented product or idea has a good market value. Patent are three types- Utility patent, Design patent, Plant patent.

Types of patent granted in India:

  • Ordinary or Non-provisional Application
  • Convention Application
  • Patent Cooperation Treaty (PCT) International Application
  • PCT National Phase Application
  • Patent of addition
  • Divisional Application

According to the federal government policy a patent is valid for 20 years from the date of assignment.

Copyright

Copyright law is a legal process that grants the exclusive rights of the work/project to the innovator. This right is applicable for an expansive range of intellectual, artistic and creative work forms which covers painting, sculpting, film making, photography, music, books, computer programs, technical drawings, databases, advertisements and maps.

Trademark

Trademark simply means brand logo. It is a distinctive sign, expression, design that legally distinguishes the product or service of an enterprise/organization from another organization. Trademark owner can be individual or an organization. Trademark includes name, signature, letter, word, number, shape, colour, smell, sounds or a combination of above properties. Various types of trademarks are certification marks, collective trademarks, defensive trademarks. The symbols of trademark is ™ and the symbol of registered trademark is ®. The first ever trademark legislation was passed under the reign of Henry III in Parliament of England in 1266.

Trade Secret

Trade secret is a confidential information that can be a process, design, formula, device, pattern, information. This helps the possessor to acquire economic rewards. In this case the business holder should take legal measures to secure its own trade secret from unfair practices or unauthorized acquisition. Examples include food, beverage, software, marketing strategies.

Geographical Indication

GI and tagging the origin is an act of certification to designate a product in correspondence to its origin (product source). Geographical indication protection is granted by the TRIP agreement (International agreement signed by members of WTO (that is World Trade Organization). GI explains the quality, traditional processes and the popularity of the product due to its geographical origin. GI system restricts its grant on products whose constituent materials and fabrication methods origination is dubious and not meeting certain law-abiding standards.

Industrial Design Rights

This right secures the visual design of objects that are not entirely functional. Designs here comprises of shapes, configuration, composition of 2-D/3D formations and patterns that are exquisite. WIPO (World Intellectual Property Organization) grants registration of industrial design through the “Hague Agreement Concerning the International Deposit of Industrial Designs”. Once the design is registered then it is protected by member countries of WIPO. Industrial design rights have a link to granting a patent.

Plant Variety Rights

It is a legal term that permits an individual (breeders) who wants control over new plant variety. This right includes rightful examination of the plant material. The plant variety includes plant propagating materials (like seeds, tissue culture, cutting, division) and plant harvesting materials (like fruits, foliage, flowers). This right helps the breeder in getting commercial benefits.

Trade Dress

It protects the visual appearance of a product (like its packaging, getup, marketing and advertising techniques and themes) that distinctively signifies the source of the product to the consumer. In 2003, India introduced the Trade Marks Act, 1999 which encloses all the elements of US trade dress law. Under this Act, infringement and passing off is dealt with civil and criminal remedies. (Infringement is violating the rights granted to the registered source of the trademark to use the same. Passing off is an illegal invasion of privacy to enforce unregistered trademark rights.)

Conclusion

Genius brains around the globe are continuously popping up with ideas and inventions and it is very important to credit them for their excellent work. And the Intellectual property right proves to be the best means to encourage the budding talents. So, we can say that Intellectual Property Rights act as a promising legal circumscribe for an environment that inspires the creativity to reach the heights of success without any risk of fraudulence.

Categories: Patent, Advantage Tags: #services, #trends

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About The Author

Patent research analyst and strategist. Provides key analytical support to inventors, scientists, developers, designers, creators and/or R & D organization for protection of innovations and commercialization of technologies, enforcing patent rights and advising on complex techno-legal matters.

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