Types of patents
i) Utility patents
ii) Design patents
iii) Plant patents
i) Utility patents
A utility patent may be available for inventions which are novel, useful, and non-obvious. Utility patents can be obtained for the utilitarian or functional aspects of an invention. Utility patents have a term of twenty years from the date of filling the patent application with the patent and trademark office, although term extensions are available in certain specific situations. During the term of a utility patent, maintenance fees must be paid in order to sustain the patent.
ii) Design patents
It can be granted to any one who invents a new, original ornamental design for an article of manufacture. A design patent protects the ornamental design (i.e. appearance) of the article. A design patent has duration of 14 years from the date of filing. Design patents are not subject to maintenance fee payments.
iii) Plant patents
Plant patent can be granted to any one who invents or discovers and reproduces a new variety of plant. A plant patent may be issued for the invention or discovery of a distinct and new variety of plants, which may be asexually reproduced. To qualify for this type of patent, the discovery or invention must be novel, distinct, and non-obvious. A plant patent has a term of 20 years from the date of filing.
How to apply?
Steps involved in obtaining a Patent
- To file an application for patent accompanied with either a provisional specification or a complete specification
- To file complete specification,if provisional application was submitted earlier.
- Examination of the application by patent office.
- Acceptance of applications and publication in the gazette of accepted applications.
- Responding and satisfactory overcoming the opposition/objections,if any to the grant of patent.
- Sealing of patent
2) COPY RIGHTS
A copyright is a very particular and exclusive right even for reproduction of an original work. This is for material, aesthetic material, literacy, music, film, sound recording, broad casting, software and multimedia. This offers automatic right for safeguarding any original creation, which is not in need of registration but with limited time. It does not require the lawyer’s help for settlement.
Protection to copy right does not give any procedure, principle, concept or method or operation, irrespective of the format in which it is explained. In other words protection of copyright is limited to an inventor’s particular expression of an idea, concepts or process in a tangible medium. Copyright is sanctioned to prevent others from:
a) Copying the work
b) Publishing and selling copies commercially
c) Renting or lending the work in a free market
d) Doing or demonstrating the work in public
Works protected by Copyright
The types of copyright works are broadly categorized into:
a) Original literary,dramatic,artistic or musical works.
b) Sound recordings,films or broadcasts and
c) The typographical arrangement of published editions.
Literary work also includes:
- A table or compilation other than a database
- A computer program
- Preparatory design material for a computer program
- A database
Rights granted by Copyright
Copyright grants certain rights that are exclusive to its owner. Based on these rights, the copyright owner.
- Can copy the work
- Issue copies of the work to the public
- Rent or lend the work to the public
- Perform,show or play the work in public
- Communicate the work to the public-this includes broadcasting of a work and also electronic transmission and make an adaptation of the work or do an y of the above in relation to an adaptation.
The TRIPS agreement offers a minimum duration of copyright protection to the tune of the life of the inventor or author plus fifty years. Anyhow rights granted exclusively to the copy right owner may allow others in making fair use of the owner’s work, like for the purpose of review, comment, reporting, teaching, researches, etc. Of course, the impact of copying an inventor’s work’s commercial value is considered to find out whether the copying is for “fair use”. In order to secure protection for copy right, the particular work must be an original work made or written in a tangible medium of expression. The test for such originality consists of two conditions –
(1) work must originate from the inventor and not a copy from others’ works.
(2) the invention or work must have adequate amount of creativity.