Unit 1: Principles of intellectual property law
Intellectual Property Right and EDP notes · PTU syllabus (BSTD 602-20)
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Unit summary
Intellectual property law protects creations of the mind — designs, brands, inventions and artworks — which are the main assets of textile and fashion businesses. This unit covers the philosophy of IP law, the principles of patent law and the application procedure, drafting patent specifications, and the fundamentals of copyright, trademark and design rights.
After this unit you can
- Explain the philosophical basis of IP law
- Describe patent requirements and the application procedure
- Explain how a patent specification is drafted
- Distinguish copyright, trademark and design rights
PTU syllabus topics
- Philosophical aspects of IP law
- basic principles of patent law and patent application procedure
- drafting patent specifications
- copyright law
- trademark and design rights fundamentals
Patent
Inventions: 20 years
Copyright
Artistic works and textile prints
Trademark
Brand names and logos: 10 years, renewable
Design
Shape, pattern, ornament: 10 + 5 years
Geographical indication
e.g. Kanchipuram silk, Phulkari
Topic 1
Philosophical aspects of IP law
- Labour theory (Locke)
- Creators deserve the fruits of their labour
- Personality theory (Hegel)
- Creations express the creator's personality
- Utilitarian (incentive) theory
- Temporary monopoly encourages innovation and disclosure
- Social and public interest
- Rights are limited in time so knowledge returns to the public domain
- Balance: IP rewards creators while protecting access — through limited terms, exceptions (fair dealing) and compulsory licences.
Topic 2
Principles of patent law
- Patent (Patents Act, 1970): exclusive right for 20 years to an invention that is novel, involves an inventive step (non-obvious) and is capable of industrial application.
- Discoveries and laws of nature
- Not inventions
- Mere new use or new form of known substances
- Section 3(d)
- Methods of agriculture and medical treatment
- Excluded
- Computer programs per se, business methods, mathematical methods
- Section 3(k)
- Traditional knowledge
- Already known
- Literary, artistic works
- Protected by copyright instead
Example
A new eco-friendly dyeing machine that saves 40% water can be patented; a block-print design cannot (it is protected by design or copyright law).
Topic 3
Patent application procedure
- 1
Prior-art search
- 2
File application at the Patent Office (Form 1) with provisional or complete specification
- 3
Complete specification within 12 months of a provisional
- 4
Publication after 18 months (early publication on request)
- 5
Request for examination (Form 18) within 48 months
- 6
Examination report and response
- 7
Pre-grant opposition window
- 8
Grant; renewal fees yearly
- 9
Post-grant opposition within 1 year
Topic 4
Drafting patent specifications
Purpose
Secure an early priority date
Full disclosure for grant
Content
Title and description of the invention
Title, field, background, summary, detailed description, drawings, best method, claims, abstract
Claims
Not required
Required — define the legal scope of protection
- Claims should be clear, supported by the description, and range from broad independent claims to narrower dependent claims.
Topic 5
Copyright, trademark and design fundamentals
Copyright
Original literary, artistic, musical works — print artworks, sketches, photographs, software
Life of the author + 60 years; Copyright Act, 1957 (automatic, registration optional)
Trademark
Brand names, logos, labels, colours, shapes that distinguish goods
10 years, renewable indefinitely; Trade Marks Act, 1999
Industrial design
New shape, configuration, pattern or ornament applied to an article and judged by the eye
10 years + 5 years; Designs Act, 2000
Geographical indication
Products tied to a region's qualities
10 years, renewable; GI Act, 1999 — Banarasi, Pochampally, Phulkari
- Overlap: an industrially applied artistic work loses copyright once reproduced more than 50 times unless registered as a design (Section 15, Copyright Act) — important for textile prints.
Key terms
- Intellectual property
- Legal rights over creations of the mind
- Patent
- Exclusive right to an invention for 20 years
- Inventive step
- Feature not obvious to a skilled person
- Claims
- Statements defining the scope of a patent
- Industrial design
- Visual features of shape or pattern applied to an article
Quick revision
- Labour, personality, utilitarian theories; balance.
- Novelty, inventive step, industrial application; Section 3 exclusions.
- Filing steps; provisional and complete specifications; claims.
- Copyright, trademark, design, GI — terms and Acts; 50-copy rule.
Important exam questions
Practice questions written to the PTU exam pattern for this unit's syllabus: short answers (Section A style) and long answers (Sections B and C style).
Short-answer questions
- Q1.State the utilitarian justification for IP.
- Q2.What are the three requirements of a patentable invention?
- Q3.How long does a patent last?
- Q4.What is a provisional specification?
- Q5.How long is design registration valid?
- Q6.Name two Indian textile GIs.
Long-answer questions
- Q1.Explain the philosophical basis and principles of patent law.
- Q2.Describe the patent application procedure in India.
- Q3.Compare copyright, trademark and design rights with examples from textiles.
Stuck on this unit?
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