PREEMPTIVE PATENT Essay

Submitted By LIPIKAG
Words: 7797
Pages: 32

CONTENTS

Introduction of Intellectual Property Rights
Types of Intellectual Property Rights
Introduction of Patent
Patentable inventions
Non- Patentable inventions
Concept of Pre-emptive Patenting
Procedure for Obtaining Patent
Rights and Obligations of Patentee
Infringement of Patents
Remedies available for Infringement of Patents
Conclusion
Endnotes
List of Statutes
List of Cases

Introduction of Intellectual Property Rights
Man was supposed to reap benefit of his physical labour from time immemorial. As the society advanced the intellectual inputs gained more importance than the physical labour and it became important that one’s intellectual labour gets duly rewarded to that it sustains the motivation of creator to contribute for welfare of society at large.
An Intellectual Property Right is a right vis-à-vis a product of the mind. It follows that such a right is based on something intangible and that as per prevalent ideology it is considered to be private in nature.
The word intellectual is derived from the Latin word ‘intellectus’ which means perceptioni.
There are three types of property that can be owned by a person or entity. The first two types are “real property” (i.e., land and materials that are attached or “fixed” to the land) and “chattel,” also sometimes know as “personal property” (i.e., movable goods). Ownership and the rights associated with ownership of these are pretty straightforward. In general, ownership of these types of property means the right to possess it, the right to enjoy it, the right to sell it and the right to prevent everyone else on Earth from doing the same.
The laws that deal with ownership and control over these types of property usually concern questions that come about based on disputed ownership and shared ownership. There is usually little question as to what constitutes ownership of a parcel of real property or a physical object and there is usually little question as to what the ramifications of complete ownership of such property meanii.
Example: Batman owns the Batcave. As such, he has the right to prevent Joker from entering onto the premises of the Batcave and he has the right to dwell in the Batcave himself, among other rights that his ownership of the Batcave inherently gives to him. The complex rules of real property may become an issue when and if Penguin stakes a legal claim to the Batcave or when and if Batman conveys or leases the Batcave to Robin. However, there is little confusion as to Batman’s rights in the Batcave so long as his ownership of the premises remains unchallenged.
Example: The Tick, somewhat lesser-known but still as real as a superhero can be, does not own any real property. Instead, he lives with his sidekick Arthur, who wears a moth outfit while battling crime. When the Tick jumps to action he cries “Spoon!” and last year Arthur gave him a spoon for Christmas, which the Tick prizes dearly. As owner of this chattel, the Tick may eat with it, display it on his wall, wear it in his belt as a weapon, or (more likely) misplace it somewhere never to be seen again. Once Arthur gives him the gift, the Tick has the “full bundle of rights” which come with ownership of the spoon.
The third type of “property” that can be owned by a person or entity is “intellectual property.” Ownership of intellectual property cannot be crystallized and defined as clearly as can the other two types of property because the property itself is intangible – it cannot be held, touched, or defined by physical boundaries. Instead, “intellectual property” is the ownership interest that a person or entity may have in creations of the human mind. Ownership of intellectual property means ownership of a concept or idea rather than ownership of a parcel of property or object. Of course, as with real property and chattel, intellectual property can be sold or otherwise conveyed.
Intellectual property is usually initially owned by the person who thought of…