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IP Readiness: from a problem to a protected product

Lesson 6 of 10 · 30 min

Which protection fits? Patents, designs, marks, copyright, secrets

  • Patent (India: Patents Act 1970): a new, inventive and industrially applicable product or process; 20 years from filing; must not be excluded under Section 3 (for example mathematical or business methods and computer programmes per se, methods of medical treatment, mere discoveries, traditional knowledge). File before any public disclosure.
  • Design (Designs Act 2000): the new and original visual appearance of an article — shape, configuration, pattern, ornament; 10 years, extendable by 5; must not be published anywhere before filing.
  • Trade mark (Trade Marks Act 1999): a name, logo, shape, sound or combination that distinguishes your goods or services; 10 years, renewable indefinitely; 45 Nice classes.
  • Copyright (Copyright Act 1957): original literary, artistic, musical and dramatic works, software code, films and recordings; arises automatically; registration is optional evidence; literary works last the author's life plus 60 years.
  • Trade secret: keep it confidential with contracts and controls; no registration, no term, but no protection against independent discovery.
  • Geographical indication (GI Act 1999): collective marks for regional products.

Many products need more than one: a patented mechanism, a registered design for its look, a trade mark for its name, copyright for its manual and app.

Exercise: for your idea, list what each route would protect and what it would leave exposed.