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and original visual appearance of an article — shape, configuration, pattern, ornament; 10 years, extendable by 5; must not be published anywhere before filing.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.