A patent is a license that gives the owner the exclusive right or title, for a limited or definite period, to exclude others from making, using or selling the invention, which constitutes patent infringement. In India, the law governing patents is the Patents Act, of 1970. The main motivation behind the passage of patent law is to encourage people to develop new ideas in their fields by giving them exclusive rights.
As you know, patents protect new inventions and discoveries. It protects the rights of the inventor and provides commercial benefits to them. It also plays an important role in economic growth. The government as well as universities are creating more and more awareness among students and people about it.
There are 3 types of patents:
* UTILITY PATENTS
* DESIGN PATENTS
* PLANT PATENTS
Each type of patent has its unique characteristics and requirements. They protect specific kinds of inventions or discoveries. The same innovation or discovery can be eligible for more than one patent. It depends upon the inventions you got!
UTILITY PATENTS:
A utility patent is given to someone who creates something new, finds something, or makes small but beneficial changes to an already existing product, process, machine, or manufacturing unit. A minor patent, little patent, innovation patent, etc. are some other names for it. Unfortunately, not all nations provide utility patents; those that do include China, Brazil, Japan, Italy, the United Arab Emirates, and others; India is not one of them.
FEATURES:
* The utility model guarantees a complete ownership interest in the invention of the goods, but not the processes.
* A minor innovation, sometimes known as an "incremental invention," is made from an already existing one and is suitable for a utility patent.
* In comparison to other patents, the utility model registration process takes less time. Before registration, there will be no extensive review process in place here; only the basic needs are looked at.
* No law or framework in India permits the acquisition of a utility patent. As a result, Indian businesses and start-ups are required to get utility patents from the aforementioned nations.
DESIGN PATENTS:
A design patent is a type of legal defense for the distinctive aesthetic features of a produced well. A design patent may be obtained if the product has a specific configuration, distinctive surface decoration, or both. In other words, a design patent safeguards an object's attractive design while preserving its functional utility.
FEATURES:
* Design is related to the unique visual quality of the product.
* Design patents help protect your intellectual property rights. It provides brand safety by preventing others from profiting from your original design and increasing your brand's potential market share.
* It only protects the ornamental manifestation.
PLANT PATENTS:
A plant patent is an intellectual property right that protects the key characteristics of a new and unique plant from being copied, sold or used by others. Plant patents help inventors achieve higher profits during the patent term by preventing competitors from using plants. Plant patents in the United States are granted by the United States Patent.
FEATURES:
* A patentable plant may be natural, cultivated, or somatic (produced from the non-reproductive cells of a plant).
* It may be invented or discovered, but a botanical patent is granted for the discovered plant only if the discovery was made in the area where it was grown.
* Plant patents help inventors achieve higher profits during the patent period by preventing competitors from using plants.
