Frequently Asked Question about IPR Support at GUSEC
What is meant by Intellectual Property ?
Intellectual Property is the creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. Types of Intellectual Property are 1) Patent, 2) Industrial Design, 3) TradeMarks, 4) Copyright, 5) Geographical Indications, 6)Lay out designs of integrated circuits, 7) Protection of undisclosed information/Trade Secret according to TRIPs agreements.
What is a Patent?
A Patent is an exclusive right granted for an invention for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
Some of the examples of patents are: Electric lighting patents are held by Edison and Swan, Ballpoint pens patent are held by Biro, Telephones patent held by Bell, and CDs patents held by Russell.
What is the term of a patent in the Indian system?
The term of every patent granted is 20 years from the date of filing of application.
Does Indian Patent give protection worldwide?
No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent.
What can be patented?
An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be patented.
What is the criteria of patentability?
An invention is patentable subject matter if it meets the following criteria –
- It should be novel.
- It should have inventive step or it must be non-obvious
- It should be capable of Industrial application.
- It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
What are the types of applications?
A) PROVISIONAL APPLICATION can be filed if the invention is still under experimentation stage. Further, the inventor gets 12 months time to fully develop the invention and ascertain its market potential and to file the complete specification.
B) ORDINARY APPLICATION An application for patent filed in the Patent Office without claiming any priority either in a convention country or without any reference to any other earlier application under process in the office.
C) CONVENTION APPLICATION An application for a patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries is known as a convention application.
D) PCT INTERNATIONAL APPLICATION An Application filed in India as Receiving Office (RO) under the Patent Cooperation Treaty is an international application which can be filed in more than 150 countries by a single application.
E) PCT NATIONAL PHASE APPLICATION When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date, whichever is earlier.
F) PATENT OF ADDITION When an invention is a slight modification of the earlier invention for which he has already applied for or has obtained a patent, the applicant can go for a patent of addition if the modification in the invention is new.
G) DIVISIONAL APPLICATION When an application claims more than one invention, the applicant on his own or to meet the official objection on the grounds of plurality or distinct invention may divide the application and file two or more applications, as the case may be for each of the inventions. This type of application, divided out of the parent one, is known as a Divisional Application.
What is meant by ‘Design’ under the Designs Act, 2000?
‘Design’ means dimensional features of shape, configuration, pattern or ornament or composition of lines or colours or combination.
What is the duration of the registration of a design? Can it be extended?
The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date.
What is a trademark?
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services.
What is the function of a trademark?
Under modern business condition a trademark performs four functions
- It identifies the goods and / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.
Who can apply for a trademark?
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration.
What is the procedure to apply for the IPR support at GUSEC?
Just visit our website www.gusec.edu.in. Under the “benefits” tab you can find the link to apply for the IPR support at GUSEC. You just need to answer some of the questions mentioned in the form. Then print out the document that you will receive after filling up the form and submit the hard copy to the GUSEC office.
What are the benefits under IPR support at GUSEC?
You will be supported for fundings to file the IPR application under the rules and regulations of the IPR support as well as you will get the guidance on how to file the IPR from the well known patent attorney.
How many IPR applications one can file?
You can file as many possible IPR applications and get the support from GUSEC.
Who can avail the IPR support?
GUSEC provides patent and trademark support through an IP Cell which is a facilitator for supporting IP-related matters of students, faculty and startups supported by Gujarat University. Any student or faculty can file a patent and get a reimbursement of up to the full expense borne for filing the patent, as per prior approvals accorded by the aforementioned IP Cell.
What if I want to file my IPR on my start-up name?
If you want to file the patent on your start-up name then you can file but a DIPP certificate is mandatory from start-up India for filing the IPR.
What if I want to file my IPR on my Start-up name but i don’t have a DIPP certificate?
DIPP certificate is mandatory to file the IPR on start-up name. So, if you don’t have DIPP certificate than there are following two options available:
- You can file the IPR on your name and then when you get the DIPP certificate from Start-up India then you can change the Applicant name on your start-up name with due process.
- You can wait for the DIPP certificate and then file the IPR.
