Patent & Trade MarkSaneem Nazim

S4 MBACHMM College

PATENT

A patent is the exclusive right to own, use and dispose of an invention for a specific period.

It is a monopoly right

It is limited area and time (20 Years)

Patent by stopping others (competitors) from making,

using, importing or selling.

Needs for Patents1. To enjoy monopoly of the invention through

exclusive rights Right to manufacture Right to sell Right to import, etc.

2. Inventions should be encouraged for public interest

3. Encourage the disclosure of inventions in preference

to their use in secret

Reducing the number of competitors in the market

Confidence for venture capitalists or other investors

Increase the value of the company

Continued monopoly of the patents results in establishing goodwill

General Benefits Of Patents

Any person whether a citizen of India or not

True and First Inventor of the Invention

His assignee

His Legal Representative

Either Alone or jointly with another person

Who Can Apply for Patent

TYPES OF PATENTS  Invention PatentAn invention patent is granted for new and inventive

technical solution for a product, new method of producing or doing something, or an improvement on an existing product. Invention patents allow you to protect the new technology that you develop.

Utility Model PatentA utility model patent is granted for new and practical

technical solutions relating to the shape and/or structure of a product.

Design PatentA design patent is granted for new designs relating to the

shape, pattern or their combinations, or the combination of colour, shape and/or pattern that are aesthetically pleasing and industrially applicable.

Trade Mark

Trade mark is a legal term. When a brand is registered and legalized, it becomes a trade mark. Hence registered brands are trade marks.

A brand is registered under the Trade Mark Name and Trade Mark Act

Trade Mark

Definition

According to American Marketing Association "Brand or part of brand is that which is given legal protection because it is capable of exclusive appropriation”

A trade mark is the exclusive property of the seller.

In India, the law relating to trade mark is contained in the Trade and Merchandise Mark Act 1958, which has now been replaced by the Trade Mark Act 1999.

12

Trademark Registration Trademark rights established by:◦First to use the "mark"◦First to file application with PTO (Patent and

Trademark Office) Federal registration not required but has advantages◦Registered owner can use mark nationwide

Registration granted for 10 years ◦renewable for another 10Certificate of Registration 12 weeks after

publication

THANK YOU