Patent (Indian IP)

A patent is a integral and most prominent part of intellectual property rights (Indian IP). It is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process. Patents are a form of intellectual property.

The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a granted patent application must include one or more claims that define the invention. A patent may include many claims, each of which defines a specific property right. These claims must meet relevant patent-ability requirements, such as novelty and non-obviousness. The exclusive right granted to a patentee in most countries is the right to prevent others from commercially making, using, selling, importing, or distributing a patented invention without permission.

Under the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights, patents should be available in WTO member states for any invention, in all fields of technology, and the term of protection available should be a minimum of twenty years. Nevertheless, there are variations on what is patentable subject matter from country to country.

Trademark (Indian IP)

A trademark, trade mark, or trade-mark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity trademarks are also being displayed on company buildings.

Registered trademark symbol = ®

Unregistered trademark symbol = ™

Design (Indian IP)

Design is the creation of a plan or convention for the construction of an object or a system (as in architectural blueprints, engineering drawings, business processes, circuit diagrams and sewing patterns). Design has different connotations in different fields (see design disciplines below). In some cases the direct construction of an object (as in pottery, engineering, management, cowboy coding and graphic design) is also considered to be design.

Copyright (Indian IP)

Copyright is a legal right created by the law of a country, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator (e.g. the photographer of a photograph or the author of a book) to receive compensation for their intellectual effort.Copyright is a form of intellectual property (as patents, trademarks and trade secrets are), applicable to any expressible form of an idea or information that is substantive and discrete. It is often shared, then percentage holders are commonly called rights holders: legally, contractually and in associated “rights” business functions. Generally rights holders have “the right to copy”, but also the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights.