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4. Objections raised/No objections raised<br />

5. Dealing with objections<br />

6. Grant/Registration<br />

It is a simple six step procedure that anyone can follow.<br />

184<br />

<strong>International</strong> <strong>Business</strong>- <strong>Dr</strong>. R. <strong>Chandran</strong><br />

Where an application procedure is involved, the protection ultimately<br />

obtained is usually an absolute monopoly, patents registered designs and<br />

registered trademarks fall into this category.<br />

Intellectual property rights arise automatically if an original work, such<br />

as a drawing, design document, or prototype is created. These rights are<br />

usually limited to preventing any form of reproduction of misinterpretation.<br />

Copyrights, unregistered design rights (including semiconductor topography<br />

rights) and unregistered trademarks fall into this category.<br />

CONCEPT AND MEANING OF IPR<br />

Patents<br />

Patent protection can be obtained for many types of technical innovations.<br />

For example, a new piece of apparatus or machinery to carry out a particular<br />

operation, a method or process for performing an operation or making a<br />

product or the use of a piece of equipment or product for a particular<br />

purpose.<br />

In order to determine if patent protection can be obtained, it is necessary<br />

to consider whether the technical innovation is both novel and innovative.<br />

Both these terms have a legal definition. It is usually relatively<br />

straightforward to determine if a technical innovation is novel or not. The<br />

determination is based upon whether the innovation is different from that<br />

which existed previously. It is more difficult to assess if an innovation is<br />

inventive. This determination is based upon whether it will be obvious,<br />

given what existed previously, to arrive at the invention. Unfortunately this<br />

is a legal definition, which cannot be applied without knowledge of the<br />

concerned body of case law on the subject.<br />

Patent protection is not available for every type of innovation. It is<br />

excluded in the case of innovations that are artistic and not technical<br />

innovations, and innovations that are not applicable in industry. Once again<br />

these are strict legal definitions and a thorough knowledge of case law is<br />

needed to accurately assess whether an invention is an excluded invention.<br />

Patents are obtained via an application procedure that involves a search and<br />

Only for Private Circulation

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