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Intellectual property is the product of mind and among all living creatures on this earth, only man is bestowed with thinking power and the same has been effectively utilized from stone age in improving the standard of living. The different forms of Intellectual Property are

1. Patents  2. Industrial Designs  3. Lay out designs of Integrated Circuits 4. Trade Marks  5. Copy Rights  6. Geographical Indications 7. Trade Secrets or undisclosed information

Earlier, Patents, Designs and Trademarks were considered as three different species of industrial property. These forms of industrial property along with the others mentioned above are now referred to as intellectual property. Basics about all these types of intellectual property rights are dealt with here.


1. PATENTS

WHAT IS A PATENT?

Patent is a grant from the Govt. which confers on the grantee for a limited term, the exclusive privilege of making, selling and using the invention and also authorizing others to do so throughout India. In other words, it is a protection given to a patentee for his invention for a limited term by the Government in consideration of his disclosing the invention. Accordingly, the grant of a patent gives to the patentee the right to exclude others from making, selling and using the invention throughout India.

Patents are valuable assets like any other materialistic personal property and in some cases the amount of money involved is staggering. To mention a few - Texas Instruments earned $1.2 billion through licensing its patents, Stanford University earned about $100 million by selling just one Bio-tech patent and Honeywell earned $ 16.8 millions from its patents.                       


WHAT CAN BE PATENTED?

A patent is granted for an invention. According to the Indian Patents Act, 1970, "Invention" means any new and useful (i) art, process, method or manner of manufacture; (ii) machine, apparatus or other article; (iii) substance produced by manufacture and includes any new and useful improvement of any of them. In other words, inventions should be new, novel, innovative and non-obvious. In most cases, inventions are "incremental improvements" of existing practices or products but to be patentable they must satisfy the basic requirements stated above.

A vital pre-requisite for grant of patent is that the invention covered by the patent must not have been published or practiced anywhere in the world even by the author. It should also not have been displayed/exhibited in a scientific workshop / exhibition / forum etc. The details of invention must not be in public knowledge. 


WHAT CANNOT BE PATENTED?

An invention which is frivolous or contrary to well established natural laws. The mere discovery of a scientific principle or formulation of an abstract theory.  The mere discovery of any new property or new use of a known substance or the mere use of a known process, machine or apparatus unless such known process results in a new product.  A method or process of testing for rendering the machine/equipment more efficient or for the improvement / Restoration of the existing machine/equipment.  The mere arrangement or rearrangement or duplication of known devices each functioning independently of one another in a known way.  Inventions relating to atomic energy. A method of agriculture or horticulture.

EVALUATION CRITERIA OF INNOVATIONS FOR PATENTING

Evaluation involves answering the following questions satisfactorily.

Inventiveness

What is the object of the invention? What are the problems or difficulties the inventor seeks to surmount? Have these difficulties been surmounted in reality? What are the new and additional features of this invention over what has been published, used or known? What is the relevant known information (literature, including publications, patents, production, usage, etc.) related to this invention? Has a systematic and structured prior art search been done on local and international databases? How does this invention differ from the prior art or from what is known in related fields?

Non-obviousness:

Can this invention be considered as an "obvious" extension of the present state of knowledge in this field or related fields? Have any experimental trials or tests been conducted to show that the prior art does not adequately solve the problem being tackled by the present invention.

EXPECTATIONS FROM A PATENT 

Expected technical value of the invention and possibility of its useful exploitation should be highlighted in the patent document. Various aspects of usefulness like savings in costs, materials, manpower etc. and generation of new knowledge assume importance in any patent. 


CONTENTS OF A PATENT DOCUMENT 

The patent document is technical write-up structured to meet the requirements of the patent law. English is the operating language at the Indian Patent Offices.

A patent document should include:
(1) Text            (2) Claims and            (3) Drawings 


(1) Text:

Text discloses details of the invention in a structured manner as: -

a) Object of the invention
b) Prior art
c) Definition/description of the invention
d) Examples with supporting data

An invention is patentable when it is new, non-obvious with respect to prior art and is capable of some industrial applications. This requires the patentee to review the prior art relevant to the invention so that the state of knowledge at that point of time is well established.

The patentee is required to disclose all the best methods of carrying over the invention and, therefore, has to make a proper and clear disclosure of the invention together with supporting examples. The examples are to be described in such a manner and detail, that a person trained in the field can repeat the experiments and obtain the results as described by the patentee. This would also help in enforcing the patent in case of any infringement or opposition or even in revocation proceedings.


Claims:

The statement of claims should be clear and should relate to the invention. The main function of these claims is to state explicitly and precisely what the applicant desires to protect through the patent. Claims are the statements of technical facts expressed in legal terms defining the scope of invention. Claims will help the patentee in mapping the boundaries of his invention.

Guideline for Preparing Claims:

Every complete specification must end with a claim or multiple of claims Claim should begin with "I / we claim" Claims must define the invention for which protection is sought. Claims should be clear & concise Claim should be supported by description Standard terminology known in the specific field/art shall be used. Principal claim i.e. first claim is the one that stands alone and defines the essential features of the invention and it should be made as wide as possible. All dependent claims which includes all the features of principal claims with preferred embodiment e.g. apparatus as claimed in claim comprising/wherein etc. A dependent claim may refer back to one or more claims (independent, dependent or both) Dependent claims should be grouped in most appropriate way in groups relating to respective embodiments. Then all sets, serially numbered will be dependent on apparatus, method claim, product claim, Claims should be clear from wording of claim itself/alone  Relative terms such as thin, wide, strong are not allowed in claim About, approximately, sufficiently shall not be included. Trade marks / trade names not allowed in the claims A feature following preferably, for example, such as, etc. shall not be used. Claims only defining the invention the result to be achieved are not allowable. Constructional features as described to achieve the result shall be defined in the claim Multiple of dependent with different combination of features is not allowable. Preferably reference numerals/letters used in the drawing/ description should appear in parenthesis after each feature in a claim, Claim should define only the positive feature. Disclaims generally allowable, but specific disclaims may be used when it is not possible to define invention positively, Claim should not be unjustifiably broad, Claim must be specific and not vague, ambiguous or hypothetical in nature.

Drawings:

Paper size for drawings: 33cm X 20.5cm or 30cm X 41cm with a margin of 1/2 cm off. One copy of the drawings should be on tracing cloth / transparent / semi-transparent sheet / plastic / fiberglass film.  Drawings should contain the name of the applicant. Number of sheets and signature of the applicant should be put in the right hand corner. There could be circuit diagram, flow charts etc. also. If there are large size figures, two or more sheets are to be used instead of a larger sheet. Only black & white photographs can be used as diagrams. Models or samples are not included in the patent specification and are to be furnished only if required during examination by the controller.

 GENERAL PROCEDURE FOR OBTAINING A PATENT

Logical flow diagram of patenting process (please see the inside of the cover page ) gives the general procedure for obtaining a valid patent. The various stages involved are explained below. 

Identification of Patent opportunity during project progress. Is the invention: (a) Novel, (b) non-obvious in view of what is already known. Prior art search. Filing of patent application in India with provisional specification before any public disclosure of the invention. Consider matter for International filing Generate further examples to support the invention. Filing of complete specification within 12 months from the date of filing of provisional specification (Extension by three months possible with late fee). Technical examination by Patent Office. Acceptance of patent and publication in the Gazette. Open for opposition . Grant and sealing of patent Maintenance of patent by payment of renewal fees. Enforcement/revocation.

DOCUMENTS NECESSARY FOR MAKING AN APPLICATION FOR PATENT 

1. An application in the prescribed form (Form-1, 1A) in triplicate. 
    (Annexure - 1 )
2. A provisional specification or a complete specification with 
   drawings, if any, in triplicate.
3. A declaration as to inventor of the invention in the prescribed form 
    with complete specification.


FILE A PROVISIONAL SPECIFICATION AND GAIN PRIORITY

Provisional specification is a document which contains a description of the essential features of the invention. It need not include claims and manner of performing the invention. The object of filing provisional specification is that the applicant gets the priority for his invention. A provisional specification as the name suggests, is an interim stage in patent action. It does not form the basis of a patent but precedes complete specification upon which a patent is accepted. 

FILING A COMPLETE SPECIFICATION

It is a document drawn in prescribed form which contains the following:

A full description of the invention and its operations or use and the method by which it is to be performed. A disclosure of the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection. A statement of claim or claims defining the scope of the invention for which protection is sought.

Complete specification may be filed within 12 months from the date of application accompanying provisional specification. The said period may be extended by a further period of three months, by paying appropriate fee for extension. 


GENERAL COMMENTS OF INDIAN PATENT EXAMINERS 

Claims are not clearly worded and do not sufficiently define the invention  Subsidiary claims are beyond scope of claim 1 and are to be deleted. Reference numerals as marked in claims indicate different meanings in different claims. It should be made consistent.  Claims to be revised to indicate broad feature in respect of constructional features of device arrangement. The title is inconsistent with description and claims. Reference to accompanying drawing should be given in the specification. Details regarding the search and examination report in respect of the same or substantially the same invention filed in any country outside India and only amendment effected in the specification including claims should be submitted immediately. If an application for patent for the same or substantially same invention has been filed in any country outside India by you either alone or jointly with any other person or by your assignee a statement of undertaking in form 4 should be filed in patent office within 3 months of such foreign filling.

OTHER FORMS OF INTELLECTUAL PROPERTY RIGHTS:

2. DESIGN OR INDUSTRIAL DESIGN

Design means only features of shape, configuration, pattern or ornament applied to any article by any industrial process or means whether manual, mechanical or chemical. There are fourteen classes under which design can be registered, viz. Metal, glass, textiles, leather, rubber etc. An application for registration of a design may be made by any person claiming to be the proprietor of any new or original design not previously published in India. If the design is applied for single article ex. Table, application has to be drawn up on form 15 and if it is for a 'set' of articles of similar character ex. Dining table set, application form 17 has to be used. Application form along with the prescribed fee and four copies of the design are to be sent. Three view of the design photographs or drawings or tracings or specimens have to accompany the application, so that one can form a mental picture of the design. As of now, the duration of protection is for 5 years, and can be renewed twice for a period of further 10 years. As per TRIPS it would be for a period of 10 years.


3. LAY OUT DESIGN OF ICS

This is similar to that of designs and duration of protection is for 10 years.

4. TRADE MARKS

The trade mark can be briefly described as a word, name, device, label, signature, letter or numeral or any combination thereof used by a manufacturer or trader to identify his goods from those of other manufacturers. A superscript TM, appearing on the right top of any brand name means that, the manufacturer of the said brand has applied for trade mark registration and is awaiting for the grant of the trade mark. French version of the same is represented by MC "marque de commerce".A superscript, ® appearing on the right top of any brand name means that, the trade mark has been granted and no one else can use the same. French version is MD "marque deposee". SM symbol is used in United States to identify service mark. Duration of Trade Mark is indefinite but has to be renewed every 7 years. It is same in TRIPS also.

It may be amazing to know that the cost of the brand name "Coca-Cola" is estimated to be $20 billion and that of "Nescafe" is $11.5 billion. 

5. COPYRIGHT

Write ups, package design, advertisements, artistic, musical and literary works, software programs are protected through copyrights. In USA, software programs are protected under patents. As of to-day, duration is 60 years after the death of author. Copy Rights law which is undergoing changes and as per TRIPS it will be valid for a period of 25 years from the date of registration.

6. GEOGRAPHICAL INDICATIONS

Qualities and characteristics of certain goods attributable to some geographical locations and reputable to as produce of certain region come under Geographical Indications. Only associations can apply for geographical Indications.
Examples: Basmati rice, Darjeeling Tea, Alfanso Mangoes, Nagpur Santras, Scotch, Havana cigars, Sherry wine, Champagne etc. 

7. TRADE SECRETS  OR CLASSIFIED INFORMATION

Though these do not demand to be intellectual property, their protection through contractual obligation is stipulated. Employees, consultants, sub contractors etc., are restrained from divulging confidential information or misappropriation.