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Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially.
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It identifies the actual physical origin of goods and services. The brand itself is the seal of authenticity. It guarantees the identity of the origin of goods and services. It stimulates further purchase. It serves as a badge of loyalty and affiliation. It may enable consumer to make a life style or fashion statement
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No designs of industrial plans, layouts and installations are not registrable under the Act.
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Can Label & Stamps be registered for their design under design act?
No
Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it.
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Should we first prepare article before applying for registration under design act ?
No design can be a new shape which can be applied to a pen thus capable of producing a new appearance of a pen on the visual appearance. It is not mandatory to produce the pen first and then make an application.
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What is meant by classification of goods as per design act 2000 , Third Schedule ?
In the third Schedule of Design Rules, 2001 the classification of goods has been mentioned. The classification is based on Locarno Agreement. This classification is different from the one which is mentioned in Trademark act
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The intellectual property is classified into seven categories i.e . (1) Patent (2) Industrial Design (3) Trade Marks (4) Copyright (5) Geographical Indications (6) Lay out designs of integrated circuits (7) Protection of undisclosed information/Trade Secret according to TRIPs agreements.
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A trade mark (popularly known as brand name) in laymans language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
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Is it possible to file international application under Patent Cooperation Treaty (PCT) in India?
It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as Receiving Office (RO) for International application.
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Should application for patent be filed before or after, publication of the details of the invention?
The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published.
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No, The examination is done only after receipt of the request of examination either from the applicant or from third party.
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The request for examination can be filed within a period of 48 months from the date of priority or date of filing of the application whichever is earlier.
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3. examination
4. FER is issued 5. applicant is given an opportunity to correct the deficiencies in order to meet the objections raised in the FER report. The applicant must comply with the requirements within 12 months. 6. pre-grant opposition and clarify the oppostion (6 months) 7 the patent is granted and notified in the Patent office Journal.
There is no fee for filing representation for pregrant opposition? This can be filed by any person.
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The information relating to the patent application is published in the Patent office Journal issued on every Friday. This is also available in electronic form on the website of the Patent Office
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Can one use the words "Patent Pending" or "Patent used by the For"? Applied patent These words are normally
applicant to their products after filing his application for patent so that the public is made aware that a patent application has been filed in respect of that invention. Use of these words where no application has been made is prohibited under the Patent law. However, use of such words by the patent applicant does not prohibit the third party to plead as innocent unless the patent number is indicated. 35 5 DECEMBER 09 www.afterschool.tk
The person concerned can perform a preliminary search on Patent Office website in the Indian patent data base of granted patent or Patent Office journal published every week
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(ii) has, earlier worked for not less than ten years either as an examiner or Controller (in patent office)
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No, but if applicant who is not a resident of India then he is required to file either through the registered patent agent or must give an address for service in India
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Is there any International Depository Authority in India where biological material can be submitted while applying for patent?
Yes, there is an International Depository Authority in India located at Chandigarh which is known as Institute of Microbial Technology (IMTECH).
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Where can you get more details on patent / trademark / copyright / design / geographic indications in India ?
www.ipindia.nic.in
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What is a Patent?
A Patent is a statutory right for an invention granted for 20 years to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent. There must be some new method / process / technique for patent
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What is patentable ?
i) It should be novel / inventive . ii) It should have inventive step or it must be non-obvious iii) It should be capable of Industrial application. iv) It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.
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Every application for patent is published after 18 months from the date of its filing or priority date whichever is earlier. However, following applications are not published. A) when secrecy direction is imposed B) Application which has been abandoned u/s 9(1) and C) Application which has been withdrawn 3 months prior to 18 months 5 DECEMBER 09 www.afterschool.tk 52
First make an application patent applications are published within one month after expiry of the statutory period of 18 months. In case of request for an early publication, the application is to be published within one month from the date of request complete specifications must be submitted within 1 month of application otherwise the application will remain cancelled 5 DECEMBER 09 www.afterschool.tk 56
How can a person oppose another person getting patent on former's work?
If an application for a patent has been published but a patent has yet to be granted, the person may, in writing, represent his case by way of opposition to the Controller of Patents and oppose grant of patent on this grounds.
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