Indian Intellectual Property (IP) System
“A brief overview” by Yuvaraj, Research Engineer, Dextrasys
All over the world, Invention and technology play a major role in the growth of countries. For making use of technology advancements for its development, each country has created its own laws and rights in the name of Intellectual property rights for protecting those advancements. As like other developed countries, India, which is a developing economy, is also progressing on the IPR framework and systems to fuel its own growth in the recent years.
The main purpose of this blog is to create awareness about Indian IP Systems.
Indian IP System
What is IPR?
Intellectual Property is defined as any original creative work manifested in a tangible form that can be legally protected.
Rights associated with intellectual property which gives legal protection is referred to as IPR (Intellectual property Rights)
IPR Categories in india
Acts governing IP assets in India
Patent: The Patents Act, 1970
Trade Marks: The Trade Marks Act, 1999
Copyright: The Copyright Act, 1957
Designs: The Designs Act, 2000
Geographical Indications: The Geographical Indications of Goods Act, 1999
Plant Varieties: The Protection of plant varieties and Farmers’ Right Act, 2001
Semi conductor IC layout: Semi conductor IC layout design Act, 2000
Where to file the IP Assets in India
What is patent?
- A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a limited period of time in exchange for a disclosure of an invention. The exclusive right granted to a patentee to prevent others from making, using, selling, or distributing the patented invention without the permission of patentee.
- Valid period is 20 years from the date of filing the application
- It can be transmitted / assigned and cannot be renewed.
Patentability Criteria in India
Under Patent Act 1970, the invention to be patentable should meet the following criteria:
i) Novel: The invention disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.
ii) Inventive: The invention is not obvious to a person skilled in the art / particular field
iii) Industrially applicable: Invention should possess utility, so that it can be made or used in the industry
What are not patentable in India
Under Section 3 & 4 in Patent Act, and in sub section 3 (a) to 3 (p) gives the areas of inventions that are not patentable.
- Which is frivolous or contrary to well established natural laws
- Which is contrary to public order or morality
- Mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any
living thing or non-living substance occurring in nature
- Mere discovery of a new form, property or use of a known substance without any enhancement
- Substance obtained by a mere admixture resulting only in the aggregation of the properties of the
components thereof or a process for producing such substance
- Mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way
- Method of agriculture or horticulture
- Process for the medicinal or other treatment of human beings or animals to render them free of disease
- Mere scheme or rule or method of performing mental act or method of playing game
- Relating to atomic energy
Forms required for filing the patent in India
Form 1 - Application for the grant of patent
Form 2 - Provisional or complete specification
Form 3 - Statement and undertaking by the applicant
Priority document (if priority date is claimed) in convention application, when directed by the controller
Form 5 - Declaration as to Inventor ship
Form 26 - Authorization of patent agent or any other person
What is Trade Mark?
- A trademark (popularly known as “Brand name”) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one who is undertaking on goods or services
- Valid period for TM is ten (10) years and it can be renewed
- Symbol ® is used to represent the registered trademark in India
- Symbol ™ is used to represent the application condition of TM
- Trademark can be registered in all Indian regional offices
What is Geographical Indication?
- Geographical Indication (GI) signifies to the name or sign, used in reference to the products which are corresponding to the particular geographical area or somewhat related to the origin like town, region or nation
- Any association of persons, producers, organization or authority established by or under the law can apply
- Valid period for GI is 10 years and can be renewed after each 10 years
- GI cannot be assigned / transmitted
- Some examples are : Basmati Rice, Darjeeling Tea, Kanchipuram Silk Saree etc.,
Conclusion
What we have discussed so far is types of IPR available in India, where to file them, their coverage under Indian IP Act, description of patent, trademark, geographical indication and requirements for patent filling them