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M 3 MQP

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29 views13 pages

M 3 MQP

Uploaded by

jayashreekainthaje0803
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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1.

Describe Intellectual Property Rights (IPR) and list its types

•Intellectual Property (IP) is a special category of property created by human intellect


(mind) in the fields of arts, literature, science, trade, etc. Since IP is a novel creation of
the mind, it is intangible (i.e. invisible and indivisible) in nature and differs from the
tangible property, such as land, house, gold and car with which we are quite familiar.

•Intellectual Property Rights (IPR) are the privileges accorded to the creator/inventor
(of IP) in conformance with the laws. These rights are given to the creator/inventor in
exchange for revealing the process of creation/invention in the public domain.

•Broadly, IP comprises of two branches i.e. Copyrights and Related Rights ‘and
Industrial Property Rights ‘. Copyrights and Related Rights ‘refer to the creative
expressions in the fields of literature and art, such as books, publications, architecture,
music, wood/stone carvings, pictures, portrays, sculptures, films and computer-based
software’s/databases.

•The Industrial Property Rights ‘refer to the Patents, Trademarks, Trade Services,
Industrial Designs and Geographical Indications.

Types of IPR: -

• Patents
• Copyrights and Related Rights
• Trademarks
• Geographical Indications
• Trade Secrets
• Semiconductor Integrated Circuits and Layout Designs
• Plant Varieties
• Traditional Knowledge
• Industrial Designs
• Biodiversity Conservation

2.Define the term patent and what are the conditions that must be met for
obtaining patent protection

A patent is an exclusive right granted for an innovation that generally provides a new
way of doing something or offers a new technical solution to a problem. The exclusive
right legally protects the invention from being copied or reproduced by others. In
return, the invention must be disclosed in an application in a manner sufficiently clear
and complete to enable it to be replicated by a person with an ordinary level of skill in
the relevant field.

Conditions for Obtaining a Patent Protection: -


•Novelty – Not part of ‘State of the Art’. The innovation claimed in the patent
application is new and not known to anybody in the world. In other words, the
innovation is a) not in the knowledge of the public, b) not published anywhere through
any means of publication and c) not be claimed in any other specification by any other
applicant.

•Inventive step – Not obvious to the person (s) skilled in the art. The innovation is a) a
technical advancement over the existing knowledge, b) possesses economic
significance and, c) not obvious to a person skilled in the concerned subject.

•Capable of industrial application – For the benefit of society. The invention is


capable of being made or used in any industry.

3.What are Patent Infringements? Explain its two categories of Infringements


4.Explain the major steps involved in the process of filling patent applications
using a flow chart
Patent Application Forms – the inventor needs to fill the patent
application form providing general and technical information about the
information.
granted patent can be challenged either via a Patent Office or in a Court of Law

5.In which circumstances Indian residents are not required to file a patent
application first in India to get patent protection in another country? Explain.
6.Name the four national bodies dealing with patent affairs

There are many departments/organizations/bodies dealing with various aspects of


patents, namely,

• The Indian Patent Office (IPO)


• Department for Promotion for Industry and Internal Trade (DPIIT)
• Technology Information, Forecasting and Assessment Council (TIFAC)
• National Research Development Corporation (NRDC)

7.What types of inventions are eligible for patenting, and which matters are
considered non-patentable?
Non-Patentable Matters

•In the Patent Act, of 1970, there are some exclusions (products and processes)
that cannot be patented, such as:
8.Explain the different types of patent applications
9.What strategies are involved in the commercialization of a patent?
10.What are utility models, and how do they differ from patents?

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