GALGOTIAS UNIVERSITY

SCHOOL OF COMPUTER SCIENCE AND ENGINEERING SEPARTMENT OF COMPUTER

SCIENCE AND ENGINEERING RESEARCH METHODOLOGY AND IPR-R1UC701T
ASSIGNMENT-2

1. Explain the meaning of intellectual property with its types.

Intellectual Property (IP) refers to the legal rights granted to individuals or entities over the creations of
their minds. It includes inventions, literary and artistic works, symbols, names, images, and designs used
in commerce. The primary purpose of IP laws is to promote innovation and creativity by giving creators
certain exclusive rights to use and benefit from their work for a specific period.

Types of Intellectual Property

1. Copyright:

• What it Protects: Literary works (books, poems, articles), artistic works (paintings,
photographs), music, films, software, and other creative content.

• Duration: Typically lasts the creator's lifetime plus 50-100 years, depending on jurisdiction.

• Key Features: Protects the expression of ideas, not the ideas themselves.

2. Patent:

• What it Protects: Inventions, processes, or technical solutions that are new, useful, and non-
obvious.

• Duration: Generally 20 years from the filing date.

• Key Features: Encourages innovation by granting inventors exclusive rights to produce, use, or
sell their inventions.

3. Trademark:

• What it Protects: Brand names, logos, slogans, and other identifiers that distinguish goods or
services.

• Duration: Renewable indefinitely in 10-year intervals, as long as the trademark remains in use.

• Key Features: Protects a brand’s identity and ensures consumers can identify the source of
goods or services.

4. Trade Secrets:

• What it Protects: Confidential business information, such as formulas, processes, customer lists,
or marketing strategies.

• Duration: Protection lasts as long as the information remains secret.

• Key Features: No formal registration is required; protection is enforced through confidentiality

 agreements.

5. Industrial Designs:

• What it Protects: Aesthetic or ornamental aspects of a product, such as shape, color, or

patterns.

• Duration: Typically 10-25 years, depending on jurisdiction.

• Key Features: Protects the visual appeal of a product, not its functionality.

6. Geographical Indications (GI):

• What it Protects: Names or signs that identify a product as originating from a specific location,
possessing qualities or a reputation due to that origin (e.g., Champagne, Darjeeling Tea).

• Duration: Indefinite, as long as the product continues to meet the necessary conditions.

• Key Features: Connects a product’s reputation to its geographical origin.

Importance of Intellectual Property

• Encourages innovation and creativity.

• Provides economic incentives for creators and inventors.

• Protects businesses and brands from unauthorized use.

• Promotes fair competition in the market.

2. What do you mean by patent? Explain with registration process of patent in India.
A patent is a legal right granted to an inventor by the government, providing exclusive rights to make,
use, sell, and distribute an invention for a specified period, usually 20 years. It protects new, useful,
and non-obvious inventions, including products, processes, or solutions.
The primary purpose of a patent is to encourage innovation by offering inventors temporary
monopoly rights, allowing them to recover research and development investments while preventing
unauthorized use of their invention.

Patent Registration Process in India

In India, patents are governed by the Indian Patents Act, 1970, and its subsequent amendments. The
registration process involves the following steps:

1. Determine Patentability
• Ensure the invention is patentable under Indian law. The invention must satisfy three key criteria:
1. Novelty: The invention must be new and not disclosed publicly.
 2. Inventiveness: It should involve an inventive step and not be obvious.
3. Industrial Applicability: The invention must have practical utility.

2. Conduct a Patent Search

• Perform a prior art search to ensure the invention does not already exist. This involves checking
existing patents and publications worldwide to avoid potential infringement.

3. Prepare the Patent Application

• The application can be prepared in the following forms:
• Provisional Specification (optional): Filed to secure a priority date. It is a brief description of
the invention.
• Complete Specification: A detailed description of the invention, including claims, drawings,
and illustrations.
• Key components of the application:
• Title of the invention.
• Field of invention.
• Background and prior art.
• Detailed description.
• Claims defining the scope of protection.
• Abstract summarizing the invention.

4. Filing the Application

• File the patent application with the Indian Patent Office (IPO). The application can be filed:
o Online through the IPO e-filing portal.
o Offline at designated patent offices in Chennai, Delhi, Mumbai, or Kolkata.
• The application should include Form 1, Form 2 (Provisional/Complete Specification), and, if
applicable, Form 3 (Foreign Applications), Form 5 (Declaration of Inventorship), and Form 18
(Request for Examination).

5. Publication of the Application

• The patent application is published in the Patent Journal after 18 months from the filing date.
• If early publication is desired, Form 9 can be filed for faster processing (published within one
month).

6. Examination
• File a Request for Examination (Form 18) to initiate the examination process. The patent
application is scrutinized for compliance with legal requirements and patentability.
• An examiner reviews the application and issues a First Examination Report (FER) with objections,
if any.

7. Response to Objections
• Address the objections raised in the FER by submitting clarifications or amendments. This is a
 crucial step where the inventor must prove the novelty and utility of the invention.

8. Grant of Patent
• If the examiner is satisfied, the patent is granted and published in the Patent Gazette. The
patentee receives a certificate of grant.

Post-Grant Requirements
1. Renewal Fee:
o A yearly fee must be paid to keep the patent in force.
2. Working of Patent:
o File Form 27 annually to declare whether the patent has been worked in India.

Timeline for Patent Registration

The entire process typically takes 2 to 5 years, depending on the complexity of the application and
response time for objections.

3. What are the different things are patentable according to Indian patent law, explain in brief.
Patentable Inventions under Indian Patent Law
According to the Indian Patents Act, 1970, an invention is patentable if it meets the following
criteria:
1. Novelty: The invention must be new and should not have been published or publicly known
anywhere in the world before the filing date.
2. Inventive Step: It must involve a significant improvement or an inventive step that is not
obvious to a skilled person in the field.
3. Industrial Applicability: The invention must be capable of being manufactured or used in
some kind of industry, providing practical utility.

Patentable Subject Matters

The following categories of inventions are considered patentable in India:

1. Products:
o Machines, devices, or articles of manufacture.
o Chemical compositions or formulations (e.g., pharmaceuticals, polymers).
o New materials, such as alloys, composites, or chemicals.
2. Processes:
o Methods or processes for manufacturing products.
o Techniques used in industries, such as mechanical, electrical, or chemical processes.
3. Software-Related Inventions:
o Software that demonstrates technical advancement and provides a tangible industrial
application (e.g., embedded systems, algorithms controlling hardware).
4. Biotechnology:
o Genetically modified organisms (GMOs) and microorganisms.
o Biological processes and products (e.g., vaccines, enzymes).
o DNA/RNA sequences and recombinant technologies.
 5. Pharmaceuticals:
o New drug compositions or active pharmaceutical ingredients (APIs).
o Innovative formulations or drug delivery mechanisms.
6. Engineering and Technology Innovations:
o Innovations in fields like electronics, telecommunications, or automobiles.
o New designs for machines or devices.
7. Agriculture:
o New methods of crop production or pest control.
o Genetically modified plants with enhanced traits (subject to certain conditions).
8. Environmental Technology:
o Inventions that address environmental challenges (e.g., renewable energy systems, waste
management processes).

Non-Patentable Inventions (Exceptions)

While many innovations are patentable, certain categories are excluded under Section 3 and
Section 4 of the Indian Patents Act:
1. Frivolous Inventions: Inventions that lack utility or contradict natural laws.
o Example: Perpetual motion machines.
2. Inventions Contrary to Public Order or Morality: Inventions that harm public health or the
environment.
o Example: Biological weapons.
3. Abstract Ideas: Scientific theories, mathematical methods, and algorithms without technical
application.
o Example: A standalone mathematical formula.
4. Business Methods and Computer Programs: Unless they demonstrate a technical effect.
o Example: E-commerce processes without hardware interaction.
5. Methods of Treatment: Surgical, medical, or therapeutic procedures for humans or animals.
o Example: A new surgical technique.
6. Plants and Animals: Excludes plants and animals in whole or any parts, except
microorganisms.
7. Traditional Knowledge: Innovations that are already part of traditional knowledge or are
obvious extensions of it.
o Example: Herbal remedies known in traditional medicine.

Conclusion
In summary, a wide range of products and processes are patentable under Indian patent law,
provided they meet the criteria of novelty, inventive step, and industrial applicability. However, the
exclusions under Section 3 and 4 ensure that inventions harmful to society, abstract ideas, or
natural phenomena are not granted patents.

4. What are the different things are not patentable according to Indian patent law, explain in brief.
Non-Patentable Inventions under Indian Patent Law
The Indian Patents Act, 1970, under Section 3 and Section 4, specifies categories of inventions that are
not eligible for patents. These exclusions are intended to ensure that the patent system promotes
innovation without harming public interest, morality, or natural laws.
Non-Patentable Inventions (Section 3)
1. Frivolous Inventions (Section 3(a)):
o Inventions that are trivial, useless, or violate natural laws.
o Example: A perpetual motion machine claiming to produce unlimited energy.
2. Inventions Contrary to Public Order or Morality (Section 3(b)):
o Inventions harmful to public health, safety, or the environment.
o Example: Biological weapons or harmful chemicals.
3. Discovery of Scientific Principles (Section 3(c)):
o Scientific principles, abstract theories, or the discovery of a natural phenomenon.
o Example: The discovery of gravity or a natural DNA sequence.
4. Mere Discovery of New Form or Property of a Known Substance (Section 3(d)):
o Known substances with no significant improvement in efficacy.
o Example: A new form of a known drug without enhanced therapeutic efficacy.
5. Substances Obtained by a Mere Admixture (Section 3(e)):
o Compositions formed by combining substances without a synergistic effect.
o Example: Mixing two chemicals without creating a new functional property.
6. Methods of Agriculture or Horticulture (Section 3(h)):
o Processes related to farming, plant growth, or cultivation.
o Example: A new method for growing crops.
7. Processes Relating to Medical Treatment (Section 3(i)):
o Surgical, therapeutic, diagnostic, or curative methods for humans or animals.
o Example: A new surgical technique or a method for treating cancer.
8. Biological Processes and Living Organisms (Section 3(j)):
o Plants, animals, and biological processes, except microorganisms.
o Example: A genetically modified plant.
9. Mathematical or Business Methods and Computer Programs (Section 3(k)):
o Algorithms, business strategies, or standalone software without hardware application.
o Example: A software program for managing sales.
10. Aesthetic Creations (Section 3(m)):
o Artistic, literary, or dramatic works protected under copyright.
o Example: A painting or a song.
11. Presentation of Information (Section 3(n)):
o Purely informational content or data presentation.
o Example: A graphical representation of sales trends.
12. Traditional Knowledge (Section 3(p)):
o Knowledge that is already publicly known or part of cultural heritage.
o Example: Herbal remedies in Ayurveda.

Inventions Excluded Due to Atomic Energy Act (Section 4)

• Inventions Relating to Atomic Energy:
o Any invention related to atomic energy or nuclear technologies as specified in the Atomic
Energy Act, 1962, cannot be patented.
o Example: A process for enriching uranium.
5. What do you mean by geographically tagged products? Explain briefly with a list of 5
geotagged product.
Geographically tagged products, also known as Geographical Indications (GI), are goods that
originate from a specific geographical location and possess qualities, reputation, or characteristics
that are inherently tied to that location. These products are protected under intellectual property
rights, ensuring that only authorized producers from the designated region can use the GI tag.
In India, the registration and protection of GI products are governed by the Geographical
Indications of Goods (Registration and Protection) Act, 1999.

Key Features of Geographically Tagged Products

1. Origin-Specific: The product must come from a particular region.
2. Quality or Reputation: The product's unique characteristics or reputation must be linked to
its place of origin.
3. Exclusive Rights: Producers from the specific region have the exclusive right to market the
product using the GI tag.
4. Prevents Misuse: The GI tag ensures that the product's name is not misused by others who
are not part of the authorized region.

Examples of Geotagged Products in India

Here are five prominent GI-tagged products:
1. Darjeeling Tea (West Bengal):
o Known for its unique flavor, aroma, and color.
o Often referred to as the "Champagne of Teas."
2. Mysore Silk (Karnataka):
o A high-quality silk fabric renowned for its durability and natural gold luster.
3. Kashmir Pashmina (Jammu & Kashmir):
o Famous for its soft, warm, and luxurious shawls made from Pashmina goat wool.
4. Alphonso Mango (Maharashtra):
o Known as the "King of Mangoes," celebrated for its rich taste, aroma, and vibrant color.
5. Banarasi Saree (Uttar Pradesh):
o Exquisite silk sarees known for their intricate designs and gold or silver brocade.

Importance of Geographical Indications

1. Economic Value: Enhances the marketability of local products.
2. Cultural Identity: Preserves traditional knowledge and cultural heritage.
3. Consumer Trust: Guarantees authenticity and quality.
4. Legal Protection: Prevents unauthorized use of the name.
By securing GI tags, these products gain international recognition and contribute to the economic
growth of the region.

6. What is the meaning of Trademark? Explain in brief with its registration process.
A Trademark is a distinctive sign, symbol, word, phrase, logo, design, or combination thereof
that identifies and distinguishes the goods or services of one business from others. It serves
as a branding tool to build recognition and protect the commercial identity of a product or
service.
Example: Logos like the Nike "Swoosh" or the word "Apple" associated with technology.

Key Features of a Trademark

1. Distinctiveness: Must uniquely identify the goods or services.
2. Legal Protection: Prevents others from using similar marks that can cause confusion.
3. Business Asset: A trademark adds value to a brand and its reputation.
4. Renewability: Trademarks are registered for 10 years but can be renewed indefinitely.

Trademark Registration Process in India

The trademark registration process in India is governed by the Trademarks Act, 1999. Here’s
a step-by-step guide:
1. Trademark Search:
o Conduct a search to ensure the desired trademark is unique and not already
registered.
o This can be done on the official IP India website.
2. Filing the Application:
o File a trademark application (Form TM-A) with the Registrar of Trademarks.
o The application must include:
▪ Applicant details.
▪ Trademark design or logo.
▪ Description of goods/services (classified under 45 trademark classes).
▪ Date of first use (if applicable).
3. Examination:
o The Registrar examines the application to ensure it complies with the rules.
o Any objections raised must be addressed within a specified timeframe.
4. Publication in Trademark Journal:
o If accepted, the trademark is published in the Trademark Journal.
o This provides a 4-month window for others to oppose the registration.
5. Opposition (If Any):
o If no opposition is filed, the trademark proceeds to registration.
o If opposition is filed, both parties must present their arguments, and the Registrar
decides the outcome.
6. Registration:
o Upon successful completion of the process, a Certificate of Registration is issued.
o The trademark is now legally protected for 10 years.
7. Renewal:
o Trademarks can be renewed every 10 years, ensuring perpetual protection.

Advantages of Registering a Trademark

1. Legal Protection: Grants exclusive rights to use the trademark for specific
goods/services.
2. Brand Recognition: Establishes a unique identity in the market.
3. Prevents Infringement: Deters unauthorized use or copying by others.
4. Asset Creation: Trademarks can be licensed or sold, providing monetary benefits.
By securing a trademark, businesses safeguard their identity and build trust with consumers.
7. Explain who can apply for trademark and how the trademark owner is decided?
A trademark application can be filed by any individual, business entity, or organization that wishes to
secure exclusive rights over a distinctive mark. The applicant does not need to have an established
business to apply; even an individual or a startup with intent to use the trademark in the future is
eligible.
Eligible Applicants for a Trademark
1. Individuals:
o A person who wants to protect a mark in their own name for future business use.
o Example: A designer registering their logo.
2. Proprietorship Firms:
o A sole proprietor can apply in their own name or their business name.
o Example: “John Doe Trading” owned by John Doe.
3. Partnership Firms:
o A firm can file a trademark application, listing the names of all partners.
o Example: “XYZ & Co.”
4. Companies:
o A private limited, public limited, or limited liability company can apply for a trademark.
o Example: ABC Pvt. Ltd. registering a product brand name.
5. Trusts or Societies:
o Non-profit organizations or societies can file for trademarks to protect their logos or names.
6. Foreign Nationals and Companies:
o Non-Indian entities can also apply for trademarks in India.

How Is the Trademark Owner Decided?

1. First to File Principle:
o In India, trademark ownership is granted on a first-to-file basis, not on the first use.
o The person or entity who files the application first is considered the rightful owner.
2. Proof of Use:
o While filing, the applicant can mention the date of the trademark's first use. If a dispute arises,
prior use evidence can strengthen the claim.
3. Assignment or Transfer:
o Ownership can also be acquired by purchasing or licensing a trademark from the original
owner.
4. Legal Entities vs Individuals:
o If a company files a trademark, the company becomes the owner, not its directors or
employees.

Key Considerations for Trademark Ownership

1. Clear and Unique Mark:
o Ensure the mark is distinctive to prevent disputes or objections during registration.
2. Avoid Confusion:
o Ownership may be contested if the mark resembles an already existing trademark.
3. Joint Ownership:
 o If multiple entities or individuals file a trademark jointly, all parties share ownership.
By adhering to these rules, the rightful ownership of a trademark is ensured, fostering trust and security
in business branding.

8. Explain the concept of trade secret in details.

A trade secret is a type of intellectual property (IP) that refers to confidential information, processes,
formulas, designs, or practices that provide a business with a competitive edge. Unlike patents or
trademarks, trade secrets are not publicly disclosed or registered. The key to maintaining a trade secret is
its confidentiality.

Characteristics of a Trade Secret

1. Confidentiality:
o The information must not be publicly known or readily accessible.
2. Economic Value:
o The trade secret must provide a business advantage or commercial value.
3. Reasonable Efforts to Protect:
o The owner must take active steps to keep the information secret (e.g., using contracts, access
restrictions).

Examples of Trade Secrets

1. Coca-Cola Formula:
o The recipe for Coca-Cola is one of the most famous trade secrets.
2. Google Search Algorithm:
o The algorithms that power Google’s search engine are closely guarded trade secrets.
3. Manufacturing Processes:
o Proprietary techniques in industries like pharmaceuticals or technology.

How Trade Secrets Differ from Other IP Rights

Aspect Trade Secret Patent Trademark
Duration Indefinite (if secret) 20 years (generally) 10 years (renewable)
Registration Not required Registration needed Registration needed
Public Disclosure No Yes Yes

Legal Protection of Trade Secrets

Trade secrets are protected under the Indian Contract Act, 1872 and common law principles. India does
not have a specific Trade Secret Act, but protection is offered through:
1. Non-Disclosure Agreements (NDAs):
o Binding contracts between parties to prevent sharing of confidential information.
2. Employment Contracts:
o Employers often include clauses restricting employees from disclosing trade secrets.
3. The Information Technology Act, 2000:
o Provides protection against unauthorized digital access to confidential information.

Advantages of Trade Secrets

 1. Indefinite Protection:
o As long as secrecy is maintained, there’s no expiration.
2. Cost-Effective:
o No registration costs compared to patents or trademarks.
3. Wide Scope:
o Can protect various types of confidential information, from methods to customer lists.

Disadvantages of Trade Secrets

1. Vulnerability to Theft:
o If the secret is discovered or leaked, the owner may lose its advantage.
2. No Legal Exclusivity:
o Independent discovery or reverse engineering of the trade secret is allowed.
3. Difficult Enforcement:
o Legal disputes require proving that reasonable steps were taken to maintain secrecy.

Maintaining a Trade Secret

To effectively safeguard trade secrets, businesses should:
1. Implement access control measures.
2. Use NDAs and confidentiality agreements.
3. Regularly train employees about the importance of confidentiality.
4. Use data encryption and secure storage methods for sensitive information.

9. Write any five differences between Patent, copyright.

Aspect Patent Copyright
Protects inventions or innovations, Protects original works of authorship
Definition
including processes, machines, or designs. like literature, music, software, and art.
Applied to technical and scientific Applied to creative expressions like
Subject Matter
inventions. books, films, music, and software.
20 years from the filing date (subject to Lifetime of the author plus 60 years (in
Duration
renewal in some cases). India).
Automatic upon creation of the work;
Registration Requires formal registration and
registration is optional but
Requirement examination by a patent office.
recommended.
Gives the patent holder the right to prevent Grants the author rights to reproduce,
Exclusive Rights others from making, using, or selling the distribute, and publicly display the
invention. work.
Key Takeaway
• Patentsfocus on functional, utilitarian aspects, while Copyrights protect artistic and creative
expressions.

10. Explain the meaning of copyright with its entire process of getting copyright.
Copyright is a form of intellectual property (IP) that grants the creator of an original work exclusive
rights to its use, distribution, and reproduction. It protects creative works such as literature, music, films,
software, art, and other original creations. The primary goal of copyright is to encourage creativity by
ensuring that creators can benefit from their work.

Features of Copyright
1. Automatic Protection: Copyright is granted as soon as a work is created in a tangible form.
2. Exclusive Rights: Includes rights to reproduce, distribute, perform, display, and create derivative
works.
3. Duration: In India, copyright lasts for the creator's lifetime plus 60 years posthumously.

Works Protected by Copyright

1. Literary works (e.g., books, articles, and computer programs).
2. Musical compositions and sound recordings.
3. Cinematographic films.
4. Artistic works (e.g., paintings, sculptures).
5. Dramatic works.
6. Architectural designs.

Copyright Registration Process in India

Although copyright protection is automatic, registration provides legal evidence of ownership and
facilitates enforcement in disputes. The process is governed by the Copyright Act, 1957.
Steps for Copyright Registration
1. Filing the Application:
o Fill out the prescribed Form XIV and include all relevant details about the work.
o Specify the type of work (e.g., literary, musical, artistic).
2. Submit Supporting Documents:
o Provide two copies of the work (if published).
o For unpublished works, submit an affidavit affirming ownership.
3. Payment of Fees:
o Pay the requisite fee based on the type of work (e.g., literary work, music, software).
4. Examination by Copyright Office:
o The Copyright Office reviews the application to check for completeness and originality.
o If any objections arise, the applicant is notified.
5. Public Notification:
o The application is published in the Copyright Journal to allow third parties to raise objections, if
any, within 30 days.
6. Hearing (If Necessary):
o In case of objections, both parties are heard, and the Registrar makes a decision.
7. Certificate of Registration:
o Upon approval, a Copyright Certificate is issued to the applicant.

Benefits of Copyright Registration

1. Legal Protection:
 o Provides evidence of ownership and simplifies enforcement in cases of infringement.
2. Monetary Gain:
o Enables the creator to license or sell the rights to their work.
3. Moral Rights:
o Protects the creator’s right to attribution and integrity of their work.
4. Deterrence:
o Registered copyright discourages unauthorized use or duplication.

Conclusion
Copyright is an essential tool for safeguarding creative works and ensuring that creators receive credit
and financial benefit. While it is automatically conferred, registration strengthens its enforceability and
facilitates dispute resolution.