registration procedure

Patents, Copyrights, Trademarks
Overview : Intellectual Property Rights  Patents  Steps for Filling a Patent  Copyrights
 Procedure for registering a copyright  Trademark  Trade secrets 2
Intellectual Property Rights According to World Intellectual Property Organisation

(WIPO), Intellectual Property (IP) refers to:  Creations of the mind, such as inventions;
literary and artistic works; designs; and symbols, names and images used in commerce. 
Intellectual Property is divided into mainly two categories: 1. Industrial Property includes
patents for inventions, trademarks, industrial designs. 2. Copyright refers to literary or artistic
works, films, novels. Rights related to copyright include producers of phonograms and
broadcasting organisations.
Patents  A patent is an exclusive right granted for an invention- a product or process that
provides a new way of doing something, or that offers a new technical solution to a problem.
 Basically a limited monopoly having exclusive rights.  A patent provides patent owners
with protections for their inventions for a limited period, generally 20 years.  Owners may
also sell their invention rights to someone else, who then becomes the new owner of the
patent.  Once a patent expires, protection ends and the invention may enter the public
domain which is called becoming off patent.
 Criteria for patents: The basic criteria for an invention to be patented are as follows: 1.
Invention must be a novel 2. Invention must be non-obvious 3. Be capable of Industrial
Application 4. Enabling  As per Patent Act In India has specified certain subject matters
which aren’t eligible for getting patented in India. This areas are: 1. Inventions relating to
atomic energy 2. Physical Phenomena or Abstract Ideas 3. Any aesthetic creations or
inventions which harm the environment 4. Laws of nature contrary to well established natural
laws 5. Discovery of any living or non-living thing
 Steps for filling a patent are as follows: 1. Writing down the Conceptual Idea of the
invention with max. possible details 2. Inclusion of drawing, diagrams or sketches 3.
Checking if the invention is patentable subject matter 4. Patentability Search Report (Criteria
Checking) 5. Decide whether to go ahead with patent 6. Draft Patent Application (Including
Provision Application) 7. Publication of the Application 8. Request for examination 9.
Respond and clearing all objections; if any 10. Grant of Patent
 Copyright laws grant authors, artists and other creators protection for their literary and
artistic creations, generally referred to as “works”.  Basically a legal right given by the
country’s law which grants the exclusive rights for its uses and distribution of the original
work.  No essential requirement of novelty or uniqueness.  Copyrights protect the
expression of an idea and not the idea itself.  Copyright protection gives the copyright
holder the exclusive right to copy, modify, distribute, perform and display the work publicly.
 Normally the length of copyright is the life of the author plus 50-70 years. Copyrights
 Copyrights mainly covers the following areas: 1. Literary or Musical works 2. Dramatic
works 3. Pantomimes and choreographic works 4. Architectural works 5. Motion Pictures and
other audio-visual works  Though copyrights wont include the following things: 1. Names
of product, businesses or groups 2. Pseudonyms of individuals 3. Catchwords, catchphrases,
mottos 4. Titles of works 9
 Steps for registering a copyright are as follows: 1. Filling procedure that includes
submitting the complete details and wait for 30 days for any objection 2. Clearing the
objections 3. Examination 4. Registration process of the copyright
 A trademark is a distinctive sign that identifies certain goods or services produced or

provided by an individual or a company.  A trademark is like a brand name. Basically a
symbol, colour, word, design, symbol, or a phrase used to identify a particular product and
distinguish them from the products of others.  Its origin dates back to ancient times when
craftsmen reproduced their signatures, or “marks”, on their artistic works or products of a
functional or practical nature.  There are 3 types of symbol used for trademarks: 1. ™ :
Intent to use application filed for product 2. ℠ : Intent to use application filed for service 3. ®
: Registered Trademark Trademarks
 Steps for registering a trademark is as follow: 1. An application for registration of

trademark is filed. 2. Application must have clear reproduction of the sign filed, including
colours, three-dimensional features. Also the list of the goods or services to which sign would
apply. 3. The symbol should be distinctive. It must neither mislead nor deceive customers nor
violate public order or morality. 4. Search and examination by national offices to check if
rights are granted to other trademark or not. 5. Trademark protection varies, but can be
renewed indefinitely upon payment of the corresponding fees.
DIFFERENT REGISTERED TRADEMARKS 15

 Any confidential business information which provides an enterprise a competitive edge
may be considered a trade secret. Trade secrets encompass manufacturing or industrial
secrets and commercial secrets.  The subject matter of trade secrets is usually defined in
broad terms and includes sales methods, distribution methods, consumer profiles, advertising
strategies, lists of suppliers and clients, and manufacturing processes, recipes that are unique.
 Unlike copyrights, trademarks, patents, a trade secret isn’t registered with an government
office to provide a verifiable public record of any claims to the secret.  Also the
unauthorised use of the trade secret by an unregistered holder is regarded as unfair practice
and violation of rights.  The best way to secure it is to restrict the access to the secret and
have individuals sign non-disclosure agreements with a person who owns trade secrets if they
require to know some aspects of the secret. Trade Secrets
 A trade secret can be protected for unlimited period of time. But some general standards
exist which are referred in Article 39, of the agreement on Trade Related Aspects Of
Intellectual Property Rights (TRIPS Agreement): 1. The information must be a secret 2. The
information should have a commercial value. 3. It must have been subject to reasonable steps
by the rightful holder of the information to keep it secret.  If the trade secret gets leaked,
one can be sued for theft. Suing can however can’t stop the person from using the leaked
information.  So although the trade secret holder may get money from suit, but loses the
larger potential profits that could have been made from the idea.

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Patents, Copyrights, Trademarks

Intellectual Property Rights According to World Intellectual Property Organisation

 A trademark is a distinctive sign that identifies certain goods or services produced or

 Steps for registering a trademark is as follow: 1. An application for registration of

DIFFERENT REGISTERED TRADEMARKS 15

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