INTRODUCTION: Intellectual property is a right pervading some material object

which is basically a creation of intellect. It is a property in fiction and is real like real
property such as a house or land. Law pertaining to property that derives from the
working of the mind or intellect, specially, an idea, invention, trade secret, process,
data, formula, patent, copyright, program, trademark or application right or
registration
INTELLECTUAL:-Power of reasoning an acquiring knowledge.
PROPERTY:- Things owned
RIGHTS:- Claim
TYPES OF INTELLECTUAL PROPERTY RIGHTS:
1. Copy right: The exclusive right to do or authorize other to do certain acts in
relation to literacy, dramatic, musical or artistic work, cinematograph films
and sound recordings.
2. Trade mark right: It is used to identify a service rather than a product and is
called a service mark
3. Geographical indication
4. Patent right: A Patent is set of exclusive rights granted by a state to an
inventor or his assignee for a fix period of time in exchange for a disclosure
of an invention
5. Design right
6. Layout design
7. Protection of undisclosed information
What is patent? A patent is an exclusive right granted by a country to the owner
of an invention to make, use, manufacture and market the invention provided
the invention satisfies certain conditions stipulated in the law.
1.The grant is given in the form of an certificate for the disclosing the invention
and it is valid for a limited period of time.
TYPE OF PATENTS:
i. Ordinary patent,
ii. Patent of addition,
iii. A patent granted under convention
agreement
NEED OF PATENTS:
1. Legal rights.
2. Right for exclusive use.
3. It can exploit commercially.
4. It can establish official record.
5. It promotes progress of Sci. & Tech.
6. Growth of industry.
7. It provides good incentives to inventor.
8. Good profits to industry.

What are patentable:

1.
2.
3.
4.

New chemical entity

New process of manufacture
New composition of matter
New fermentation processes

What are not patentable:

1.
2.
3.
4.

Method of direct/diagnostic or
Treatment of disease.
Analytical method
Methods of agricultural cultivation

Basic requirements for filling a patent application:

1. Invention must be novel.
2. Invention must involve an inventive step.
3. The invention must be capable of industrial
application.

Procedure for obtaining patent:

1. Patent application form: Give Name,
Address, nationality of applicant and
Prescribe fees under sec.135.
2. Specification: sufficient detail of inventor,
graph and drawing must be obtained.
3. Claim: scope of patent protection sought.
4. Examination: patent office examines the
application in context with other approved
patent.

Advantage of patent system:

Opposition to grant of

1. Disclosing of scientific technical

knowledge.
2. Inventor get reword for hard work and do
legal monopoly market.
3. Rising progress of society.
4. Progress of science and technology.
5. Promote the sprit of competition.
6. It protected and prevented by law.
patents:
1. The invention obtained by the applicant
wrongfully from him or person through
whom he claims.
2. The invention was publicly known or used
before the priority date of that claims.
3. Invention is clearly doesnt involve any
inventive steps.
4. The specification doesnt sufficiently
describe the invention or the method by
which it is to be performed.