Frequently Asked Questions
Patent
1. WHY PATENTS ARE NECESSARY?
A Patent right of one's invention will prevent anyone exploiting it commercially
2. WHO CAN OBTAIN A PATENT?
An inventor or any other person/company assigned by the inventor can obtain the patent over his invention.
3.WHAT DOES A PATENT APPLICATION CONTAIN?
Bibliographic
Background of the invention or State of the art
Description of the invention
Claims
4. PATENT LITERATURE
Before the start of the research and development project, one should scan the patent literature to stop re-invention.
5. HOW A PATENT IS FILED?
A patent is obtained by filing an application with the patent office in the stipulated forms as required by the Patent act of that country.
6. WHAT DOES "PATENT PENDING" MEAN?
It means patent is applied and pending with the patent office for the examination and grant.
If somebody uses this "patent pending" - without applying for the patent-liable for punishment and huge fine.
7. CAN SOFTWARE BE PATENTED?
In India software can be copyrighted.
software along with hardware can be patented
In other countries it can be patented.
8. WHEN A PATENT IS GRANTED DOES AN INVENTOR GET PAID?
Not exactly,
But he owns the patent which is an Asset,
It can be sold or leased out for Money.
9. WHAT TO DO WITH PATENT?
Manufacturing & selling
Licensing
Assigning (sell out)
Cross licensing
Improve with further R & D,
Protect with patent of addition, and ahead.
10. DO PATENTS FETCH MONEY OR FAME?
It depends on the patent.
Few patents will fetch millions.
Few will get only fame.
11. DO PATENTS FETCH MONEY OR FAME?
It depends on the patent.
Few patents will fetch millions.
Few will get only fame.
12. DO YOU NEED A PATENT TO SELL AN INVENTION?
Not exactly.
But It is safe to have a patent to Sell the invention.
There is a possibility of stealing.
13. WHAT WOULD HAPPEN IF YOU DIDN'T HAVE A PATENT?
Sure, someone will duplicate your product.
Subsequent loss.
14. IS THERE ANY AGE RESTRICTIONS?
No, there is no age restrictions at all.
World's youngest patentee - four year old girl from Houston, Texas, for an aid for grasping round Knobs
15. WHAT WAS THE FIRST PATENT?
The first patent was "In the making of pot ash and pearl ash by a new Apparatus & process" - washing powder
By Samuel Hopkins on July 31, 1790.
16. CAN YOU RENEW A PATENT AFTER IT EXPIRES?
No, once it expires, it becomes the public property.
There is a possibility of getting extension, for medical related patents with the government approval.
17. CAN U REMOVE A PATENT FROM A PRODUCT?
No.
Nobody would like to have a patent removed.
18. HOW CAN YOU BE SURE NONE WILL STEAL YOUR PATENT?
By disclosing only 80% of the details one can make sure up to certain extent.
19. IF TWO PEOPLE ARE CLAIMING THE SAME IDEA & SAME TIME - WHAT WILL HAPPEN?
To prove their originality one must maintain the records to prove their invention is true.
20. CAN FOOD AND CLOTHING BE PATENTED?
Yes - food and clothing can be patented.
E.g.: composition or ratio of food ingredients
Similarly for clothing
21. HOW DO YOU KNOW THE PEOPLE WHO WORK IN PATENT OFFICE ARE TRUSTWORTHY FOR THE JOB?
Like judiciary and other important portfolios, they also do take oath to maintain the secrecy.
So they are bound to maintain secrecy of information of the patent.
22. HOW CAN I FIND OUT IF MY INVENTION HAS OR HASN'T BEEN INVENTED BY SOMEONE ELSE?
There are many ways to find out.
Product Search and prior art of the product will let any one to know about the invention.
23. HOW LONG DOES IT USUALLY TAKE TO GET A PATENT?
It depends upon the patents complexity.
If the patent is simple in nature, it takes 22 months to get it patented.
Trademark
1. WHAT ARE THE BENEFITS OF TRADEMARK REGISTRATION?
Trademark registration protects the goodwill of a business.
Helps to identify and distinguish the source of the goods or services of one party from those of others.
Trademark registration is an evidence of ownership.
2. WHO CAN FILE AN APPLICATION FOR TRADEMARK REGISTRATION?
The application must be filed in the name of the owner of the trademark; usually an individual, corporation or partnership.
Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods which it is affixed, or the services for which it is used, is the owner of the mark.
3.WHAT TRADEMARKS CAN BE REGISTERED?
A trade mark which consists of at least one of the following essential particulars:
The name of a company, individual or firm represented in a particular or special manner;
The signature of the applicant for registration;
One or more invented words;
A trade mark which has acquired distinctiveness by use over a prolonged period of time, may be registered.
Designs
1. WHAT IS THE OBJECT OF REGISTRATION OF DESIGNS?
Object of the Designs Act to protect new or original designs so created to be applied or applicable to particular article to be
manufactured by Industrial Process or means.
2. WHAT ARE THE ESSENTIAL REQUIREMENTS FOR THE REGISTRATION OF 'DESIGN'
The design should be new or original, not previously published or used
The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
Geographical Indication
1. WHAT IS THE BENEFIT OF REGISTRATION OF GEOGRAPHICAL INDICATIONS?
Prevents unauthorized use of a Registered Geographical Indication by others.
It promotes economic prosperity of producers of goods produced in a geographical territory.
2. WHO CAN USE THE REGISTERED GEOGRAPHICAL INDICATION?
An authorized user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered.
Copyrights
1. WHAT ARE THE REQUIREMENTS FOR FILING THE COPYRIGHT APPLICATION IN INDIA?
Full Name, Address and Nationality of Applicant.
The year & country of first publication of the work.
List of countries where published and the year of publication.
The year & the country of last publication.
Six copies of the work.
Power of Attorney.
2. WHAT IS THE PROCEDURE FOR THE GRANT OF COPYRIGHT IN INDIA?
The application with complete details is filed.
Thereafter, the application is examined and raised if any objections.
The certificate is issued by the copyright office after the objections,
3. WHAT IS THE TIME TAKEN FOR THE GRANT OF COPYRIGHT IN INDIA?
The process of obtaining the certificate of copyright in India takes about 12 months. |
