Criteria for Patentability

What are the different criteria for getting the patent application granted?

Every country has its own criteria for granting a patent as per the defined laws. However, there are some criteria which are commonly followed by every country for granting a patent. The most important criteria or requirements are discussed below. 

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Geographical Indication

What is a Geographical Indication?

A geographical indication is one of the types of Intellectual Property. A geographical indication specifies a name, sign or mark used on a product that is associated with specific geographical location. A Geographical indication tag is used to specify a geographical territory. In addition, the geographical indication is used for agricultural goods, natural goods, and manufactured goods etc. Some of the famous examples are Silk Sarees of Kanchipuram, Alphanso Mangoes, Oranges of Nagpur, Kolhapuri Chappal, Bikaneri Bhujia, and Agra Petha etc.

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Protection of Plant Varieties

What are the ways to protect plant varieties?

One of the easiest ways to protect plant varieties is to utilize the provision of Protection of Plant Varieties and Farmers’ Rights Act, 2001. As the name clearly suggests, the Protection of Plant Varieties and Farmers’ Act, 2001 provides protection to various varieties of plants for the farmers. The act provides rights to farmers and plant breeders that help them to foster the development of new plant varieties. The act protects rights of the plant breeders for stimulating investment in research and development of new plant varieties. The farmer provides a huge contribution towards the economic development of a country. Therefore, this act was introduced by a country like India, which is highly dependent on the development of agriculture to accelerate development of the country.

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Industrial Design Protection

What is an Industrial Design Protection?

The Industrial Design right is another type of Intellectual Property protection. The design or designing is the process of converting an object from its existing state to its preferred state. Industrial design protects the aesthetic value of an object. An industrial design consists of three-dimensional features such as a shape of an object or configuration of an object.  Additionally, the industrial design consists of two-dimensional features such as pattern or ornamentation of an object. The industrial designs are developed by industrial designers that are qualified to create unique designs as per the requirements of the client or manufacturer. Industrial designs are an outcome of an elaborative collection, analysis and synthesis of data which is used for guidance of designing a unique product. Industrial designers are trained to prepare clear and precise designs through drawings, models and descriptions. Some of the few examples of famous industrial designs are Mini Cooper, Piaggio Vespa Scooter, Rocking wheelchair and Cipher drinking glass.

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Benefits of Copyright Registration

Why should I go for Copyright Protection?

Most of the artists and publishers often think whether it is worthwhile to go for copyright protection for their literary or artistic work. Below are some benefits of copyright protection which will help to figure out the importance of copyright protection.

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Criteria for copyright Protection

Will I get a copyright protection for my work?

Copyright protection cannot be granted for every creative work. It must fulfill the various criteria in order to receive a copyright protection. Each country has different criteria for providing the copyright protection to the citizens. However, some commonly followed criteria are listed below which are mandatory in terms of calling an item as copyrightable.

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Patent Search Procedure

How to start a patent search?

Step 1: List down the keywords

The first step for patent search is in-depth understanding of the proposed invention/ idea and identifying the most important features of the particular invention. After the features have been identified, the searcher has to list down the most important keywords from the features. Keywords are the search terms used for performing a patent search. Selecting correct and relevant search terms is very important for removing irrelevant patents from the result. Also the search terms should not be very common and should be according to the key features of the proposed invention. Identification of synonyms of the keywords should be done for good search results.

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How to conduct a Patent Search?

What are different strategies for patent search?

Various strategies of the patent search include:-

Keyword-based search

Most of the inventors begin their search by using a few keywords from their invention. The searcher goes to any of the free patent databases and types the keywords from the invention. So, the searcher may not go through the entire list of the patents, but only a list of patents related to his area of interest. The keywords should be such that it describes:

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Why to go for patent Searching?

Why conduct a patent search?

Although, conducting a patentability search is a not a recommended legal practice, but is advisable to determine whether the inventive concept is patentable or not. For the inventive concept to be patentable, the idea or the proposed invention should be novel, useful and non-obvious. If the proposed invention is not patentable then continuing with the development of the proposed invention will not be beneficial as it may be rejected by the Patent Office.

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Where to look for relevant prior arts?

Where to start the Patentability search?

One can start a patentability search from any country’s patent office database. But, this would not be a better approach. Also, one can begin the patentability search at the USPTO as it contains a large collection of published patents and patent applications from all over the world. This is a very common approach and a good start for patentability search. But, doing so is also not advisable.

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