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Type of Patent

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86 views3 pages

Type of Patent

type of patent

Uploaded by

RITWIK GK
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Types of Intellectual Property Rights

Intellectual property law governs the use of Intellectual Property Rights (IPR).
Industrial property rights and copyrights are the two categories into which
intellectual property rights fall. Patents, trademarks, designs, integrated
circuits, geographical indications, plant variety protection, trade secrets,
traditional knowledge, and biodiversity are all examples of intellectual
property rights. Authorship rights, artistic rights, film rights, transmission
rights, performer rights, etc. are all included in copyrights. Trade secret
protection (like data exclusivity) is non-existent in India.

Tenure of Intellectual Property Rights

While other properties’ patent terms range from 10-15 years and are
extendable for some chosen properties, industrial property rights patent
terms last for 20 years from the date of the initial filing. The protection
period for copyrights, particularly author’s rights, is the author’s lifespan plus
60 years. The length is 60 years in several different situations, particularly
copyright in government works, works of public enterprises, works of
international organizations, etc.

Types of patents

To protect various types of inventions, various forms of patents are available.


Competent innovators can use the various patent application types to obtain
the legal protection they require for their discoveries:

Utility patent

When most people hear the word “patent,” they generally think of inventions
covered by utility patents. A utility patent is a technical document that
describes in great detail how a new device, method, or system operates and
provides a strong form of protection. A wide variety of inventions, including
the broom, computers, business procedures, and medications, have been
protected under this patent. The utility patent duration is 20 years.

Design patent
This patent protects adornment on a practical object. A design patent, for
instance, can safeguard the appearance of a shoe or a bottle. The majority of
the actual paper is made up of images or sketches that depict the useful
item’s design. Because a design patent uses so few words, they are
notoriously challenging to search for. Software businesses have recently
exploited design patents to safeguard user interface components, even the
design of touchscreen devices. The design of the invention must be both
practical and unique. The original Coca-Cola bottle design is an illustration of
this kind of patent. The design patent duration is 15 years.

Plant patent
A plant patent covers novel varieties of plants developed through cuttings or
other non-sexual methods, as the name implies. Genetically modified species
are typically excluded from the scope of plant patents, which instead
emphasize traditional gardening. The plant patent duration is 20 years.

Types of patent applications

There are four types of patent applications:

Provisional patent application

When you are not quite finished with your idea and want to draw time to
continue working on the research and creation of your innovation while at
the same time not wanting to lose out on the priority date, you file a
provisional application. It’s possible for a tentative specification to have
claims or not. You have 12 months from the date of filing a provisional
application to submit a full patent application. Your application will be
canceled if you don’t submit a full patent application within 12 months
following the filing of your provisional patent application.

Divisional patent application

If a claimant’s application includes claims to more than one invention, the


claimant may split the application and submit two or more applications, one
for each invention, on his own or in response to an official objection. A
divisional application is a kind of application that is split from its parent
application. All divisional applications shall have the same stated priority
date as the parent application. A divisional application’s patent period is 20
years from the time the main application was filed.
Additional patent application

An application for a Patent of Addition may be made by the applicant when


he develops an enhancement or modification of the invention specified or
revealed in the main application for which he has already made an
application or secured a patent. Only after the main or parent patent has
been obtained may an additional patent be issued. Throughout the duration
of the primary patent, there is no need to pay a separate renewal fee for the
Patent of Addition. A patent of addition must be issued for the same duration
as the patent for the primary invention and terminates with it. The date of
filing is the day that the patent application for the addition was submitted.

Complete patent application

A complete application is one that is submitted along with a complete


specification that fully and specifically describes the invention, including the
best way to implement it. It may be submitted immediately or within a year
of the provisional patent application’s submission.

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