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PATENT REGISTRATION

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1. By any person claiming to be true and first inventor of the invention.

2. Patent protection is territorial right and therefore it is effective only within the territory in India.

3. Patent means Invention and Invention means new product or process involving inventive step and capable of industrial application.

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Patent Registration

A patent is a statutory right for an invention granted to patentee for a limited period of time from the govt. Patentee gives full details of his invention in the application to Registrar.

Patent means Invention and Invention means new product or process involving inventive step and capable of industrial application.

Inventive step means features of invention that involves technical advance as compared to the existing knowledge or having economic significance or both that makes the invention net obvious to a person skilled in the art.

Person entitled to make application for patent:

  1. By any person claiming to be true and first inventor of the invention.
  2. By any person being the assignee of the person claiming to be true and first inventor in respect of the right to make such an application.
  3. By the legal representative of any deceased person who immediately before his death was entitled to make such application. Application may be made by one of persons either alone or jointly with any other person.

Patent protection is territorial right and therefore it is effective only within the territory in India. However filing a application in India enable to be file other application for same invention in other countries within or before expiry of 12 months from the filing date in India. Therefore separate patent may be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

(1) Artistic work

  1. 2 Copies of work and DD/IPO of Rs. (as applicable) per work
  2. NOC from author if applicant is different from author.
  3. NOC from publisher if worked published and publisher is different from the applicant.
  4. Search Certificate from Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods
  5. NOC from person whose photograph appears on the work.
  6. If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

(2) CINEMATOGRAPHY FILM

  1. 2 Copies of work and DD/IPO of Rs. (as applicable) per work
  2. NOC from various copyright holders or copy of agreement (deed of assignment).
  3. NNOC from publisher if work published and publisher is different from applicant.
  4. If the application is being filed through attorney, a specific Power of· Attorney in original duly signed by the applicant and accepted by the attorney.

(3) MUSIC

  1. 2 Copies of work (Graphical Notes) and DD/IPO of Rs. (as applicable) per work.
  2. NOC from publisher if work published and publisher is different from applicant.
  3. NOC from author if applicant is other than author.
  4. If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

(4) LITERARY/DRAMATIC

  1. 2 Copies of work and DD/IPO of Rs. (as applicable) per work.
  2. NOC from publisher if applicant is other than publisher and work is published.
  3. NOC from author if applicant is other than author.
  4. If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

(5) SOUND RECORDING

  1. 2 Copies of work and DD/IPO of Rs. (as applicable) per work
  2. NOC from various copyright holders or copy of agreement (deed of assignment).
  3. NOC from publisher if work published and publisher is different from applicant.
  4. If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

Sec 22-29 deal with term of copyright in respect of published literary, dramatic,musical and artistic works.Literary,dramatic,musical or artistic works enjoy copyright protection for the life time of the author plus 60 years beyond (60 years after his death).In case of copyright in posthumous , anonymous and pseudonymous work, cinematography films,sound recordings,work of govt.,public undertaking and international organisations, the term of protection is 60 years from the beginning of the calender year next following the year in which the work has been first published.

Sec-30 of the Act empower the owner of the copyright in any existing work or the prospective owner of the copyright in any future work to grant any interest in the right by licence in writing by him or by his duty authorized agent. However in case of a licence relating to copyright in any future work ,the licence shall take effect only when the work comes into existence. Explanation to this section clarifies that where a person to whom a licence relating to copyright in any future work is granted,dies before the work comes into existence, his legal representative shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.

Section 32B of the Act deals with termination licence and provides that if at any time after the granted of a licence, the owner of the copyright in the work or any person authorised by him publishes a translation of such work in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for the translation of works of the same standard on the same or similar subject, the licence so granted shall be terminated. However such termination shall take effect only after the expiry of a period of 3 months from the date of service of a notice in the prescribed manner on the person holding such licence by the owner of the right of translation intimating the publication of the translation.

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