We provide specialized winterization services to safeguard your pool during the off-season, and when spring arrives, we handle the thorough opening process.
We provide specialized winterization services to safeguard your pool during the off-season, and when spring arrives, we handle the thorough opening process.
A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and the invention enters the public domain; that is, anyone can commercially exploit the invention without infringing the patent.
A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.
Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound – or a process, for example, a method for producing a specific chemical compound. Many products contain a number of inventions; for example, a laptop computer can involve hundreds of inventions working together.
Patent protection is granted for a limited period, generally 20 years from the filing date of the application.
Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.
Patent rights are usually enforced in a court on the initiative of the right owner. In most systems, a court of law has the authority to stop patent infringement. However, the main responsibility for monitoring, identifying, and taking action against infringers of a patent lies with the patent owner.
Licensing a patent simply means that the patent owner grants permission to another individual/organization to make, use, sell, etc., his/her patented invention. This takes place according to agreed terms and conditions (e.g., defining the amount and type of payment to be made by the licensee to the licensor), for a defined purpose, in a defined territory, and for an agreed period of time.
A patent owner may grant a license to a third party for many reasons. The patent owner may not have the necessary manufacturing facilities, for example, and therefore opts to allow others to make and sell the patented invention in return for royalty payments. Alternatively, the owner may have manufacturing facilities, but they may not be large enough to cover market demand. In this case, they may license the patent to another manufacturer in order to benefit from another income stream. Another scenario is when the patent owner wishes to concentrate on one geographic market and chooses to grant a license to another party in different regions.
Entering into a licensing agreement can help build a mutually beneficial business relationship. Unlike selling or transferring a patent, the licensor continues to have property rights over the patented invention.
Patented inventions have pervaded every aspect of human life—from electric lighting (Edison and Swan) and plastic (Baekeland), to ballpoint pens (Biro) and microprocessors (Intel).
Patents provide incentives and protection for individuals by offering recognition for their creativity and the possibility of material rewards for their inventions. The obligatory publication of patents and applications facilitates knowledge sharing, avoiding the need to reinvent the wheel and accelerating innovation.
Without protection, technical knowledge could be freely used without credit or compensation, discouraging inventors. The patent system corrects this by offering limited exclusive rights to innovators, encouraging them to bring new ideas to market.
Additionally, public disclosure of patent knowledge spurs further innovation by encouraging competitors to develop alternative solutions, enhancing the quality of life and societal progress.
Patents are granted by national or regional patent offices. Regional offices include:
African Intellectual Property Organization (OAPI)
African Regional Intellectual Property Organization (ARIPO)
Eurasian Patent Organization (EAPO)
European Patent Office (EPO)
Patent Office of the Cooperation Council for the Arab States of the Gulf (GCC Patent Office)
These regional offices accept applications that are valid in multiple member states. There is no universal international patent.
While applicants can file on their own, due to the complexity of patent law and drafting, it is highly recommended to seek assistance from a qualified patent attorney or agent.
Additionally, many countries require applicants without residence or business presence in that country to be represented by a local attorney or agent.
While requirements vary by country, key conditions generally include:
Novelty: The invention must have a new characteristic not known in the existing body of knowledge (prior art).
Inventive Step (Non-obviousness): The invention must not be obvious to someone skilled in the relevant field.
Industrial Applicability: The invention must be usable in some industry, beyond theoretical value.
Patentable Subject Matter: Some things (e.g., theories, aesthetic works, methods for medical treatment) may not be patentable in many jurisdictions.
Disclosure: The application must clearly and completely describe the invention so others skilled in the field can replicate it.
There is no universal or international patent. Patents are territorial and must be filed, granted, and enforced in each country of interest.
However, the Patent Cooperation Treaty (PCT) offers a mechanism to file one international application that has effect in multiple contracting states. This simplifies the process for those seeking patent protection in several countries.
No. Patent systems require public disclosure in exchange for protection. In some countries, disclosure occurs only after the patent is granted; in others, applications are published 18 months after filing or from the priority date.
Many small enterprises and inventors can benefit from patents, not just large corporations. Most patents are for incremental improvements, not groundbreaking discoveries.
Some countries offer protection for incremental innovations via utility models, which are easier to obtain and shorter in duration.
Exclusive Rights: Prevent others from commercially exploiting your invention for 20 years.
Return on Investment: Secure market leadership and higher returns.
Licensing or Sale Opportunities: Monetize your invention through licensing or sales, even if you do not commercialize it yourself.
A trademark (popularly known as a brand name) in layman’s terms is a visual symbol, which may be a word, signature, name, device, label, numerals, or a combination of colours used by one undertaking on goods or services to distinguish them from similar goods or services originating from a different undertaking.
Legal requirements to register a trademark under the Act include:
The selected mark should be capable of being represented graphically (i.e., in paper form).
It should be capable of distinguishing the goods or services of one undertaking from those of others.
It should be used or proposed to be used in relation to goods or services to indicate a connection in trade between the goods or services and the person having the right to use the mark.
If it is a word, it should be easy to speak, spell, and remember.
The best trademarks are invented or coined words, or unique geometrical designs.
Avoid selecting a geographical name, common personal name, or surname. No one can have a monopoly right on these.
Avoid using laudatory words or those that describe the quality of goods (e.g., best, perfect, super).
It is advisable to conduct a market survey to ensure the mark is not already in use.
Under modern business conditions, a trademark performs four functions:
Identifies the goods/services and their origin.
Guarantees unchanged quality.
Advertises the goods/services.
Creates an image for the goods/services.
Any person claiming to be the proprietor of a trademark may apply in writing in the prescribed manner.
The application should include:
The trademark.
The goods/services.
Name and address of the applicant and agent (if any) with power of attorney.
The period of use of the mark.
Applications must be in English or Hindi and can be filed at the appropriate office, either in person, by post, or online through the e-filing gateway.
Any name (including personal or surname).
Invented or arbitrary words not directly descriptive.
Letters, numerals, or combinations thereof.
Devices, including fancy devices or symbols.
Monograms.
Combinations of colours or a single colour with a word or device.
Shape of goods or packaging.
Marks constituting a 3D sign.
Sound marks when graphically represented.
The Registered Proprietor can build and protect goodwill, stop unauthorized use, and sue for damages.
The Government earns revenue through registration fees.
Legal professionals earn remuneration by assisting with registration and protection.
Consumers gain the benefit of quality assurance and brand choices.
Grants the exclusive right to use the trademark for specific goods/services.
Allows use of the ® symbol.
Enables legal action in case of infringement.
Note: If identical or similar marks are registered under special circumstances, the exclusive right may not apply between them.
Yes, on application to the Registrar or suo moto, if the mark is wrongly remaining on the register.
In legal terms, an industrial design constitutes the ornamental or aesthetic aspect of an article. It may include:
The owner of a registered design has the right to prevent third parties from making, selling, or importing articles that copy or substantially copy the protected design, for commercial purposes.
Protection applies to many products:
Enforced through courts by the rights holder. Remedies may include civil, criminal, or administrative actions, depending on national laws.
The IP office of the country or region where the application is filed.
It depends on the country. Some require an agent; others allow self-filing.
No. Industrial design rights are territorial. Protection is limited to the country/region where granted.
Before public disclosure, to preserve novelty/originality.
Some countries offer a "grace period" (6 to 12 months after disclosure).
Design impacts consumer choice. It can be critical to product success and applies across industries, benefitting SMEs and large companies.
Economic rights have a time limit, which can vary according to national law. In countries that are members of the Berne Convention, the time limit should be equal to or longer than 50 years after the creator’s death. Longer periods of protection may, however, be provided at the national level.
Firstly, copyright protection is automatic in all states party to the Berne Convention. While there may be nuances to the particular national laws applicable in these states, in general, there is a high degree of harmony.
In contrast, in states that are not party to the Berne Convention, copyright laws are territorial, meaning they apply only within the country in which they were enacted. To protect your work internationally, you must research and comply with the legal requirements in each country where protection is desired.
Computer programs and other types of software are considered literary works for copyright purposes and receive automatic protection without the need for registration. In some countries, the process of voluntary registration for software may differ from that for other types of works.
A website may be understood as a webpage or set of interconnected webpages, hosted or stored on a server and made available online to the public. Users can access information and other content via scrolling, internal links, or a search feature.
A website usually consists of different components which may be copyrightable subject matter under Section 13 of the Copyright Act, 1957. These can include digital files such as:
The website as a whole is not protected by copyright. Non-copyrightable content may include ideas or future plans of websites, functional elements, layout or 'look and feel', or common materials like names or icons.
Applicants must submit separate applications for each component/content on the website.
Generally, the original creator or author is the first owner. However, exceptions exist. In some countries, economic rights may initially rest with the employer or be automatically assigned to them.
Yes. Authorization (e.g., a license or assignment of rights) is generally required. This may be obtained from the copyright owner or a collective management organization.
Some exceptions include:
These are legal allowances that permit the use of copyrighted works without authorization, such as:
A public domain work no longer has an economic rights holder, typically due to expired protection. Examples include classical works like Homer’s Odyssey. Some authors may also voluntarily relinquish their rights
No. Copyrighted works online remain protected regardless of medium. Use typically requires authorization unless:
Every region has its claim to fame—like Indian spices, Arabian horses, and Venetian glass. A strong link has developed between products and their geographical origin, leading to the development of geographical indications (GIs).
In December 1999, the Indian Parliament passed the Geographical Indications of Goods (Registration and Protection) Act. It is administered by the Controller General of Patents, Designs and Trade Marks, and the Geographical Indications Registry is based in Chennai.
It is an indication that:
Any association, producers, or authority whose name is listed in the GI Register.
A producer of registered GI goods who applies in writing with the prescribed fee.
Anyone involved in:
No. But it offers better legal protection and allows infringement actions.
Only authorized users have the exclusive right to use the GI for the goods it is registered for.
Valid indefinitely if renewed every 10 years.
It is removed from the register.
No. It is public property of the producers. It cannot be assigned, licensed, or mortgaged. However, rights can pass to successors upon the death of an authorized user.
A Semiconductor Integrated Circuit refers to a product that contains transistors and other circuit elements, which are inseparably formed on a semiconductor material, an insulating material, or inside the semiconductor material itself. The purpose of these elements is to perform an electronic circuitry function.
The layout-design of a semiconductor integrated circuit refers to the arrangement of transistors and other circuit elements, including the lead wires that connect such elements. This layout can be expressed in any manner within the semiconductor integrated circuits.
A layout design must meet the following criteria to be eligible for registration:
No. Only the layout-design, which is essentially the mask layout and floor planning of the integrated circuits, can be registered under the SICLD Act, 2000. Other information such as ideas, procedures, processes, systems, programs stored in the integrated circuit, and methods of operation cannot be registered.
The SICLD Act grants the registered proprietor of the layout-design the exclusive right to use the layout-design, commercially exploit it, and seek relief in the event of any infringement.
The duration of registration is 10 years, counted from the date of filing the application for registration or from the date of first commercial exploitation, whichever is earlier. The date of first commercial exploitation may be anywhere in India, in any convention country, or any country specified by the Government of India.
Any person(s) who:
Yes, a person who creates an original layout-design based on scientific evaluation or analysis of a registered layout-design can register it under the Act, provided the new layout-design is original, created through intellectual efforts, and meets the criteria of registrability under the law.