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| Basis | Copyright | Trademark | Patent |
| Meaning | It is a helpful legal security aid for the creator/producer on any of their original artwork such as literature, music composition, sound recording, cinematography, or computer programs. Copyright ensures the entire Economic & Ethical authority of the creator on his/her intellectual properties. | Trademark legally preserves any particular word, symbol, or designs that make a business entity distinctive among its competitors. | It is a form of intellectual property that guards the invention of any inventor for a limited period of time. Through a patent, the inventor/owner can legally exclude others from reproducing, using or selling a particular invention. |
| Protection is given for | Original artistic works like written text, composed music, recorded sounds, paintings, choreography, motion pictures, cinematography, computer programming & databases etc. | Any word, logo, color, font, design that differentiate products, the identity of any particular party from others. | Features of shape, configuration, pattern, and ornament, the form of lines, colour or blend thereof applied to each article. |
| Significance | Expression of Ideas | Identification of brand | Invention |
| Govern by | Indian Copyright Act, 1957 | Trade Marks Act, 1999 | Indian Patent Act, 1970 |
| Requirements of Registration | The work must be original, creative and must be able of fixing in the tangible form. | The marks needs to be unique. | The design needs to be original and must be referred to the article by any industrial process. |
| Exclusions | Others are not permitted copy the work without the permission of the creator. | Stop others from using the same logo/symbol. | Stop others from using the invention without the permission |
| Validity Term | The validity time in copyright is 60 years. | The validity time in trademark is 10 years. | The validity time in patent is 20 years. |
| Rights Provided | The right to be the owner of the original artworks and excludes others from illegal copying, distributing and reproducing of the copyrighted intellectual properties. | Rights to apply the mark, design, color, font and stop every illegal usage of the same by any third person. | Right to stop others from producing, selling using or importing the patented invention. |
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
Yes, the Government of India has formulated schemes to spur the innovative capabilities of the innovators who are from MSME'S and Start-ups.
The types of applications that can be filed are:
A) PROVISIONAL APPLICATION: Indian Patent Law follows first to file system. A provisional application is an application which can be filed if the invention is still under experimentation stage. Filing a provisional specification provides the advantage to the inventor since it helps in establishing a ―priority date of the invention. Further, the inventor gets 12 months' time to fully develop the invention and ascertain its market potential and to file the complete specification.
B) ORDINARY APPLICATION: An application for patent filed in the Patent Office without claiming any priority either in a convention country or without any reference to any other earlier application under process in the office. Such a type of application is known as an ordinary application.
C) CONVENTION APPLICATION: An application for a patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries is known as a convention application. In order to get convention status, an applicant should file the application in the Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country.
D) PCT INTERNATIONAL APPLICATION: An Application filed in India as Receiving Office (RO) under Patent Cooperation Treaty is an international application which can be filed in more than 150 countries by a single application.
E) PCT NATIONAL PHASE APPLICATION: When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date, whichever is earlier.
F) PATENT OF ADDITION: When an invention is a slight modification of the earlier invention for which he has already applied for or has obtained patent, the applicant can go for a patent of addition if the modification in the invention is new. One of the benefits of filing a patent of addition is that there is no need to pay a separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent.
G) DIVISIONAL APPLICATION: When an application claims more than one invention, the applicant on his own or to meet the official objection on the ground of plurality or distinct invention may divide the application and file two or more applications, as the case may be for each of the inventions. This type of application, divided out of the parent one, is known as a Divisional Application. The priority date for all the divisional applications will be the same as that of the main (the Parent) Application (Ante-dating).
A request for restoration of patent can be filed within 18 months from the date of cessation of patent along with the prescribed fee. After receipt of the request the matter is notified in the official journal for further processing of the request.
A patent is a right granted by the government to inventors in order to exclude others from making, using, offering for sale, or selling the patented invention in the United State.
Once the application is filled as a provisional application, which is a lot cheaper and short to summarize, then the inventor is provided with security and surety that no other could claim the same invention under the filling period of 12 months.
Once A Patent is granted, it provides the inventor the complete right to work or to do anything with his invention for the valid time period. Within this allotted time period no person, business, or an organization is allowed to use or sell or make any modification to the original invention without the investor's consent.
There are still chances if the inventor gets bored about his /her side or want to hand it over to more successful, or deserving being, then he/she can commercialize the invention, kept its exclusive rights and earning a good amount of investment returns from it.
There are chances that the inventor might want to sell or license the patent due to any reason such as to earn significant profit then there is a provision for that too. In India, he/ she commercialize or license it to another firm who could offer him a good amount of money.
By disclosing the invention in public domain openly, itself signifies that the inventor holds the guts to get challenged for his work to attain a good public impression and enhance his/her portfolio.