National Intellectual Property Organization
World IP Day 2017
Innovation - Improving Lives




 
Industrial IP

For an invention to be patentable, it should qualify the following conditions.


i. Novelty : An invention will be considered novel if it does not form a part of the global state of the art. It will cease to be novel if it has been disclosed in the public through any type of publications anywhere in the world before filing a patent application in respect of the invention. Prior use of the invention in the country of interest before the filing date can also destroy the novelty. Novelty is determined through extensive literature searches. An expired patent is also a prior art Everything disclosed in a patent/non-patent literature is prior art.


ii. Inventiveness (Non-obviousness) : A patent application involves an inventive step if the proposed invention is not obvious to a person skilled in the art i.e., skilled in the subject matter of the patent application.


iii. Usefulness : An invention must possess utility for the grant of patent. No valid patent can be granted for an invention devoid of utility.


Trademarks

A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. A ‘Mark’ according to the Indian Trademarks Act, may consist of a word or invented word, signature, device, letter, numeral, brand, heading, label, name written in a particular style, the shape of goods other than those for which a mark is proposed to be used, or any combination thereof or a combination of colors and so forth. They may also consist of drawings, symbols, three-dimensional signs such as shape and packaging of goods, or colors used as distinguishing feature. Subject to certain conditions, a trademark may also be symbolized by the name of a person, living or dead. Trademarks are generally territorial in nature. Trademark rights that are established in a particular jurisdiction are only enforceable in that jurisdiction. However, there are international trademark laws and systems, which facilitate the protection of trademarks in more than one jurisdiction

India offers protection for the business reputation or goodwill also, which attaches to unregistered trademarks through the tort of passing off. This protection is not provided by all the countries only some jurisdictions, like the Common Law countries provide for passing off. Passing off can be used as a remedy in instances where a business has been trading under an unregistered trademark for a long time, and a rival business starts using the same or a similar mark. Some well known trademarks are:


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The Scientist, the Patent and the Mangoes - Tripling the Mango Yield in the Philippines

By Elizabeth March, WIPO Magazine Editorial Team** Source: WIPO Magazine Issue No. 6/2008 dated June 2008
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