Que4.1. What’s Intellectual Property and Intellectual Property Rights? Answer Intellectual Property 1. Intellectual property is an impalpable creation of the mortal mind, generally expressed or restated into a palpable form that’s assigned certain rights of property. 2. exemplifications of intellectual property include an author’s brand on a book or composition, a distinctive totem design representing a company and its products, etc. Intellectual Property Rights 1. Intellectual property rights( IPR) can be defined as the rights given to people over the creation of their minds. 2. They generally give the creator an exclusive right over the use of his/ her creations for a certain period of time. 3. Intellectual property( IP) refers to creations of the mind inventions, erudite and cultural workshop, symbols, names, images, and designs used in commerce. Que4.2. How the Intellectual Property( IP) is categorised? Answer IP is divided into two orders for ease of understanding 1. Artificial property It includes inventions( patents), trademarks, artificial designs, and geographic suggestions of source. 2. Brand a. It includes erudite and cultural workshop similar as novels, runes and plays, flicks, musical workshop, cultural workshop similar as delineations, oils, photos and puppets, and architectural designs.b. Rights related to brand include those of performing artists in their performances, directors of phonograms in their recordings, and those of broadcasters in their radio and TV programs. Que4.3. What’s patent? Explain the object behind granting patent. Answer 1. A patent is granted as an exclusive right by the government to a true and first innovator or their attorney for a limited period of time in exchange for the public exposure of an invention. 2. A patentee enjoys exclusive right to help the third party from unauthorized act of using the patented product or process during the term of the patent. 3. A patented invention becomes free for public use after expiry of the term of the patent or when the patent ceases to have effect, by remitment of any renewal figure. Object behind granting patent 1. Patent provides impulses to individualities by offering them recognition for their creativity and material price for their marketable inventions. 2. These impulses encourage invention that assures that the quality of mortal life is continuously enhanced. Que4.4. What are the salient features of the Patents( Correction) Act, 2002? Answer Salient features of the Patents( Correction) Act, 2002 are 1. farther codification of non patentable inventions. 2. 20 times term of patent for all technology. 3. Provision for reversal of burden of evidence in case of process patents. 4. vittles of mandatory licences to meet public health enterprises. 5. omission of provision of licence of right. 6. preface of system of remitted examination. 7. obligatory publication of operations after 18 months from the date of form. 8. Provision for process patent for micro organisms. 9. Establishment of Appellate Board. 10. Provision for resemblant significances. 11. Provision for impunity from violation proceedings for use patented. invention for carrying nonsupervisory blessing for a product grounded on that patented invention. 12. Provision to cover biodiversity and traditional knowledge. Que4.5. What’s the procedure for carrying patent? Answer Procedure for carrying patentA. Application for patent 1. Every operation for a patent shall be for one invention only. 2. It shall be made in the specified form and filed in the patent office. 3. Where the operation is made by virtue of assignment of right to apply, evidence of similar right shall be filed. 4. The operation shall state that the aspirant is in possession of the invention and give the name of the proprietor claiming to be the true and first innovator and where the person so claiming isn’t the aspirant; the operation shall contain a protestation that the aspirant believes the person so named to be the true and first proprietor. B. Who can apply for patent 1. Any person claiming to be the true and first innovator of the invention. 2. His procurators. 3. The legal representatives of any departed person who incontinently before his death was entitled to make such an operation.C. Whom to apply 1. There are four patent services in India, which are located in Mumbai, Calcutta, Delhi and Chennai. 2. A right holder can file their patent operation in any one of these patent services, depending on the territorial governance. 3. The patent law in India allows the aspirant to file a patent operation if they’ve a place of hearthstone or business or a fireside in India. 4. The aspirant must be an Indian public or a public of a conventional country. 5. Foreign aspirants who don’t having a place of business in India are needed to file their patent operation through an Indian patent agent.D. Provisional and complete specification 1. Every similar operation is to be accompanied by a provisional or complete specification. 2. Where the operation is accompanied by a provisional specification, a complete specification should be filed within twelve months from the date of filling theapplication.However, the operation shall be supposed to be abandoned, If this isn’t done. 3. Every complete specification shouldi. Completely describe the invention and the system by which it’s to be carried out. ii. expose the stylish system of performing the invention known to the aspirant. iii. End with a claim or claims defining the compass of the invention for which protection is claimed.E. Publication of operation 1. The operation shall not be open to the public for similar period as may be specified. 2. The aspirant may request the regulator to publish his operation at any time before the expiry of prescribed period. 3. Every operation shall on expiry of the period specified, be published except ini. Where secretiveness direction is assessed under sec 35. ii. Has been abandoned under sec 9. iii. Has been withdrawn 3 months previous to the period specified.F. Examination of operation 1. Within a period of forty- eight months from the date of the stuffing of the operation, the aspirant or any other interested person may request the register to examine the operation. If no similar request is made also the operation will be supposed to have been withdrawn and later can not be revived. 2. When a request has been made, the regulator refers the operation to the monitor who makes an inquiry to see Whether it complies with the conditions of the act and rules. Whether there’s any legal ground of expostulation of the entitlement of the patent. Whether the invention has formerly been published or claimed by some other person. The monitor makes a hunt in the patent office for specifications of previous operations and patents to see whether the same invention has formerly been published or claimed or is the subject matter of being or expired patents. A report is consequently made to the regulator within 14 months from the date of reference. The Patent Office after examination of the operation will communicate to the aspirant the expostulation, if any to the entitlement of a patent. An occasion of being heard is given.G. Grant of patent 1. still, the regulator will accept the complete specification and announce it in the sanctioned review, If the aspirant satisfactorily removes the expostulations. 2. The patent shall be granted as soon as possible with the seal of the patent office and the date on which the patent is granted shall be entered in the register. 3. The term of Patent is 20 times from the date of operation. Que4.6. What’s patent violation? Give its type. Answer 1. Selling, offering to vend, using, or manufacturing a patented product without the proprietor’s authorization can constitute violation and expose the unauthorized dealer/ stoner/ manufacturer to liability, indeed if the violation was unintentional. Types of contraventions There are two types of contraventions 1. Direct violation It occurs when a product is mainly close to any patented product or in a case where the marketing or marketable use of the invention is carried out without the authorization of the proprietor of the invention. 2. circular violation It occurs when some quantum of dishonesty or accidental violation happens without any intension of violation.
