Intellectual Property And Intellectual Property Rights

Intellectual Property & Intellectual Property Rights:

Intellect means creations of one’s mind which can be an idea, process, program, model, name, symbol, or a writing. Intellectual Property is conception of an intellect in form of idea, theory, conclusion, invention, design or model right to which is exclusively associated to the owner by law.

What one owns should be theirs legally and rightfully. Their ideas, their creations, inventions, models, any designs modeled by them should rightfully belong to them and this is enabled through various forms of intellectual property rights including patents, industrial design rights, copyright, trade dress, trademarks, and geographical indications. Intellectual property rights ensure owners of the

Legal Protection of new inventions encourages the assurance of additional resources for further innovations. With Intellectual Property System, both public interest and innovators interest go hand in hand, hence providing an environment which inspires inventions and creativity benefitting everyone in the society.

Benefits of Intellectual Property Rights to Society:

• Encouragement to the Scientists and Innovators: Intellectual property rights provides multiple incentives ranging from fame to monetary benefits to the researchers and innovators and hence encourages for better and more efficient products.

• New inventions benefit the people: Each new invention say in medical field is advantageous to average people and this is only possible through the encouragement that the scientists get through Intellectual Property system.

• Consumer Confidence in the product: Consumer has confidence in the product or services they buy with international trademark protection and prosecution mechanisms to discourage privacy.

• How to decide which Intellectual Property Right should be secured.

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• Intellectual Property Law is pretty complex that many people confuse the terms patent/copyright and trademarks and use them interchangeably like “patenting a movie script” or “copywriting a

On contrary if the lid of the ink pen to prevent ink from drying or spilling is invented by their friend, they can’t use it. So, one does have legal rights to sell a fountain pen but without a lid.

“The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558–1603) for monopoly privileges... Approximately 200 years after the end of Elizabeth's reign, however, a patent represents a legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention... [Demonstrating] the evolution of patents from royal prerogative to common-law doctrine.”

Reference: ^ Mossoff, A. 'Rethinking the Development of Patents: An Intellectual History, 1550–1800,' Hastings Law Journal, Vol. 52, p. 1255, 2001.

Some of the patents are:

 Sewing Machine : Patent held by Howe and Singer

 Magnetic Resonance Imaging (MRI) : Patents held by Damadian

 Iphone: Patent held by Apple

What inventions can be patented?

Inventions that have following characters can secure a patent:

 First and foremost it should be of some “practical