Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Meera Textiles Pvt Ltd developed a new dyeing process that is novel, involves an inventive step and is capable of industrial application. The process is not excluded under the Patents Act, 1970. The company wants exclusive rights over the process in India. What is the correct position?

Meera Textiles can apply for a patent in India. A process is a valid invention under the Patents Act, 1970 if it is novel, inventive and industrially applicable and not excluded. Exclusive rights come only from grant of a patent, not from use, and a design covers appearance, not processes.

  1. AIt can apply for a patent in India, since the process meets the basic criteria of patentabilityCorrect
  2. BIt cannot get a patent because processes are not patentable subject matter
  3. CIt must first register the process as an industrial design
  4. DIt acquires exclusive rights automatically by using the process commercially

Explanation

Under the Patents Act, 1970, an invention may be a product or a process. If it is novel, involves an inventive step and is capable of industrial application, and is not excluded, it is patentable. Patent rights arise only by grant, not by use. A design protects the appearance of an article, not a process.

Did you get it right without looking?

One question tells you little. A timed set on Types of Intellectual Property shows your real accuracy, how long you take and where you lose marks.

Practise Types of Intellectual PropertyFree diagnostic mock

More Types of Intellectual Property questions