IPR&P

IMPORTANT QUESTIONS FOR MID-II

1. A) What is Patent and
B)explain the procedure for Patent
Meaning of patent
A patent is an exclusive right granted by the Government to the inventor to exclude others to
use, make and sell an invention is a specific period of time. A patent is also available for
improvement in their previous Invention. The main motto to enact patent law is to encourage
inventors to contribute more in their field by awarding them exclusive rights for their
inventions. In modern terms, the patent is usually referred to as the right granted to an
inventor for his Invention of any new, useful, non-obvious process, machine, article of
manufacture, or composition of matter. The word “patent” is referred from a Latin term
“patere” which means “to lay open,” i.e. to make available for public inspection. There are
three basic tests for any invention to be patentable:
Procedure of Patent
 Step 1: Write about inventions (idea or concept) with each and every detail.
Collect all information about your Invention such as:
1. Field of Invention
2. What does the Invention describe
3. How does it work
4. Benefits of Invention
If you worked on the Invention and during the research and development phase, you should
have some call lab records which are duly signed with the date by you and the concerned
authority.
 Step 2: It must involve a diagram, drawing and sketch explains the Invention
Drawings and drawings should be designed so that the visual work can be better explained
with the invention work. They play an important role in patent applications.
 Step 3: To check whether the Invention is patentable subject or not.
Not all inventions can be patentable, as per the Indian Patent Act there are some inventions
which have not been declared patentable (inventions are not patentable).
 Step 4: Patent Discovery
The next step will be to find out if your Invention meets all patent criteria as per the Indian
Patent Act-
1. The invention must be novel.
2. The Invention must be non- obvious.
3. The Invention must have industrial applications.
 Step 5: File Patent Application
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If you are at a very early stage in research and development for your Invention, then you can
go for a provisional application. It offers the following benefits:
1. Filing date.
2. 12 months time for filing full specification.
3. Lesser cost.
After filing a provisional application, you secure the filing date, which is very important in
the patent world. You get 12 months to come up with the complete specification; your patent
application will be removed at the end of 12 months.
When you have completed the required documents and your research work is at a level where
you can have prototypes and experimental results to prove your inventive move; you can file
the complete specification with the patent application.
Filing the provisional specification is an optional step if you are in the stage where you have
complete knowledge about your Invention you can go straight to the full specification.
 Step 6: Publication of the application
Upon filing the complete specification along with the application for the patent, the
application is published 18 months after the first filing.
If you do not wish to wait until the expiration of 18 months from the filing date to publish
your patent application, an initial publication request may be made with the prescribed fee.
The patent application is usually published early as a one-month form request.
 Step 7: Request for Examination
The patent application is scrutinized only after receiving a request for an RFE examination.
After receiving this request, the Controller gives your patent application to a patent examiner
who examines the patent application such as the various patent eligibility criteria:
1. Patent subject
2. Newness
3. Lack of clarity
4. Inventory steps
5. Industrial application
6. By enabling
The examiner makes the first examination report of the patent application upon a review for
the above conditions. This is called patent prosecution. Everything that happens for a patent
application before the grant of a patent is usually called patent prosecution.
The first examination report submitted to the Controller by the examiner usually includes
prior art (existing documents prior to the filing date) that are similar to the claimed invention
and is also reported to the patent applicant.
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 Step 8: Answer the objections
Most patent applicants will receive some type of objections based on the examination report.
The best thing is to analyze the examination report with the patent professional (patent agent)
and react to the objections in the examination report.
This is an opportunity for an investor to communicate his novelty over the prior art in
examination reports. Inventors and patent agents create and send a test response that tries to
prove that their Invention is indeed patentable and meets all patent criteria.
 Step 9: clearance of objections
The Controller and the patent applicant is connected for ensuring that all objections raised
regarding the invention or application is resolved and the inventor has a fair chance to prove
his point and establish novelty and inventive steps on other existing arts.
Upon receiving a patent application in order for grant, it is the first grant for a patent
applicant.
 Step 10:
Once all patent requirements are met, the application will be placed for the grant. The grant
of a patent is notified in the Patent Journal, which is published periodically.
2. A) What is Trade Mark.
B) Explain Documents Required for Trademark Registration?
Trademark is a type of intellectual property which differentiates your product or services
from other competitors in the market.
In India, the Trademark Act,1999 permits you to register a trademark. It allows for exclusive
ownership rights and prohibits others from using the mark, favoring the registered mark's
owner.
Once a trademark is registered, the "TM" symbol can be used with the applicant and the
brand. To protect the brand name, trademark registration in India is essential. It is typically
best to seek trademark registration under the supervision of a professional, as the process
entails several steps and needs constant government follow-up.
Documents required to register a Trademark online
1. Incorporation Certificate
If the trademark is registered under a company or LLP.
2. Partnership Deed
If the trademark is registered under a partnership firm.
3. PAN Card
Of the authorized signatory.
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4. Aadhaar Card
Of the authorized signatory.
5. Form TM-48 Signed
The TM-48 is a legal document that permits your attorney to submit your trademark
with the trademark registry on your behalf. Our professionals will prepare the papers
for signature.
6. Logo
Please do not upload the logo in black and white to ensure all colors of the trademark
are covered under the registration.

3.Expain Types of Trademark registration in India

Product marks, service marks, collective marks, certification marks, shape marks, sound
marks, and pattern marks are all forms of trademarks that can be registered. Despite the fact
that there are various trademarks, their objective is the same: to allow consumers to identify
goods and services produced by certain manufacturers or service providers. Let's look at the
different types of trademark registrations available in India.
1.Product Mark
In contrast to a service, a product mark is applied to a good or a product. A product mark
assists in the identification of the product's origin as well as the preservation of the company's
reputation. Because they represent commodities, trademark applications filed under the
trademark 1-34 could be classified as product marks.
2.Service Mark
A service mark is similar to a product mark, except that it is used to identify a service rather
than a product. The service mark's main purpose is to help distinguish the proprietors from
the owners of other similar services. The trademark applications are submitted under
trademark classes 35-45, which could be considered service marks because they represent
services.
3.Collective Mark
The collective mark informs the public about the unique characteristics of the products and
services that are used to represent a group. This mark can be used by a group of people to
protect goods and services on a collective basis. A trademark holder can be an association, a
public institution, or a Section 8 corporation.
4.Certification Mark
It is a sign issued by the proprietor that indicates the product's origin, substance, quality, or
other specific data. The main objective of certification is to establish a product's standard and
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to provide buyers with assurance that the product has passed standardized tests to ensure
quality. Generally, certification marks can be seen on packaged goods, toys, and electronics.
5.Shape Mark
The shape mark is used exclusively to secure the shape of a product so that customers
associate it with a specific manufacturer and choose to buy it. Once it is determined that the
product has a distinctive shape, the shape can be registered.
6.Pattern Mark
The pattern marks are for products that have a specific designed pattern that serves as the
product's distinctive feature. Patterns that do not stand out as noteworthy are rejected. A
pattern mark must stand out as distinct in order to be registered.
7.Sound Mark
A sound mark is a sound that can be linked to a product or service that comes from a specific
supplier. Sound logos are also known as audio mnemonics, and they occur at the start and
finish of commercials. The most popular sound mark in India is the tune for IPL.

4. A) What are the types of double patenting rejections?

Two types of double patenting rejections exist:

1. Statutory double patenting rejection; and

2. Nonstatutory double patenting rejection.

A statutory double patenting rejection occurs when an inventor tries to obtain a patent for
the same invention. For example, when a claim of a patent application is identical to a claim
of a granted patent owned by the same inventor, the examiner will give the inventor a
statutory double patenting rejection in the pending patent application.

A nonstatutory double patenting rejection also known as an obviousness-type double

patenting rejection occurs when an inventor tries to obtain a second patent having claims
which are an obvious variation compared to a parent patent. Because the claims are not
identical (i.e., claimed inventions are not the same), the examiner we’ll give the inventor a
nonstatutory double patenting rejection.

4. B) What is a double patenting rejection?

A Double Patenting Rejection is a common issue faced by inventors who try to obtain two or
more patents for the same or similar invention.

5. Explain Briefly about Trade Secrets ?

A trade secret can be any confidential business information which provides an organisation
with a competitive edge. They are often used when an invention is not eligible for a patent
or if the inventor does not wish to disclose the ‘secret’ publicly, which a patent requires you
to do.
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By their nature trade secrets have a commercial value because they are secret from
competitors, or would-be competitors. There must be active steps taken by the holder of a
trade secret to keep the information secret.

Common trade secrets include:

 sales methods
 distribution methods
 consumer profiles
 advertising strategies
 lists of suppliers and clients
 manufacturing processes
The unauthorised use of trade secret information by someone who is not the holder is
regarded as a breach of the trade secret.

The information that makes up a trade secret will depend on the individual situations.
However, unfair practices in respect of secret information include industrial or commercial
espionage, breach of contract and breach of confidence.

6. What is Cyber Security? The Different Types of Cybersecurity

Cyber security refers to every aspect of protecting an organization and its employees and
assets against cyber threats. As cyberattacks become more common and sophisticated and
corporate networks grow more complex, a variety of cyber security solutions are required to
mitigate corporate cyber risk.

The Different Types of Cybersecurity

Cyber security is a wide field covering several disciplines. It can be divided into seven main
pillars:

1. Network Security

Most attacks occur over the network, and network security solutions are designed to identify
and block these attacks. These solutions include data and access controls such as Data Loss
Prevention (DLP), IAM (Identity Access Management), NAC (Network Access Control), and
NGFW (Next-Generation Firewall) application controls to enforce safe web use policies.

Advanced and multi-layered network threat prevention technologies include IPS (Intrusion
Prevention System), NGAV (Next-Gen Antivirus), Sandboxing, and CDR (Content Disarm
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and Reconstruction). Also important are network analytics, threat hunting, and automated
SOAR (Security Orchestration and Response) technologies.

2. Cloud Security

As organizations increasingly adopt cloud computing, securing the cloud becomes a major
priority. A cloud security strategy includes cyber security solutions, controls, policies, and
services that help to protect an organization’s entire cloud deployment (applications, data,
infrastructure, etc.) against attack.

While many cloud providers offer security solutions, these are often inadequate to the task of
achieving enterprise-grade security in the cloud. Supplementary third-party solutions are
necessary to protect against data breaches and targeted attacks in cloud environments.

3. Endpoint Security

The zero-trust security model prescribes creating micro-segments around data wherever it
may be. One way to do that with a mobile workforce is using endpoint security. With
endpoint security, companies can secure end-user devices such as desktops and laptops with
data and network security controls, advanced threat prevention such as anti-phishing and anti-
ransomware, and technologies that provide forensics such as endpoint detection and response
(EDR) solutions.

4. Mobile Security

Often overlooked, mobile devices such as tablets and smartphones have access to corporate
data, exposing businesses to threats from malicious apps, zero-day, phishing, and IM (Instant
Messaging) attacks. Mobile security prevents these attacks and secures the operating systems
and devices from rooting and jailbreaking. When included with an MDM (Mobile Device
Management) solution, this enables enterprises to ensure only compliant mobile devices have
access to corporate assets.

5. IoT Security

While using Internet of Things (IoT) devices certainly delivers productivity benefits, it also
exposes organizations to new cyber threats. Threat actors seek out vulnerable devices
inadvertently connected to the Internet for nefarious uses such as a pathway into a corporate
network or for another bot in a global bot network.
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IoT security protects these devices with discovery and classification of the connected devices,
auto-segmentation to control network activities, and using IPS as a virtual patch to prevent
exploits against vulnerable IoT devices. In some cases, the firmware of the device can also be
augmented with small agents to prevent exploits and runtime attacks.

6. Application Security

Web applications, like anything else directly connected to the Internet, are targets for threat
actors. Since 2007, OWASP has tracked the top 10 threats to critical web application security
flaws such as injection, broken authentication, misconfiguration, and cross-site scripting to
name a few.

With application security, the OWASP Top 10 attacks can be stopped. Application security
also prevents bot attacks and stops any malicious interaction with applications and APIs.
With continuous learning, apps will remain protected even as DevOps releases new content.

7. Zero Trust

The traditional security model is perimeter-focused, building walls around an organization’s

valuable assets like a castle. However, this approach has several issues, such as the potential
for insider threats and the rapid dissolution of the network perimeter.

As corporate assets move off-premises as part of cloud adoption and remote work, a new
approach to security is needed. Zero trust takes a more granular approach to security,
protecting individual resources through a combination of micro-segmentation, monitoring,
and enforcement of role-based access controls.

Multiple Choice questions:

1. Who is the father of computer security?

a) August Kerckhoffs b) Bob Thomas c) Robert d) Charles

2. Which of the following is a type of cyber security?

a) Cloud Security b) Network Security c) Application Security d) All of the above

3. What are the features of cyber security?

a) Compliance b) Defense against internal threats c) Threat Prevention d) All of the above

4. Which of the following is an objective of network security?

a) Confidentiality b) Integrity c) Availability d) All of the above
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5. Which of the following is not a cybercrime?
a) Denial of Service b) Man in the Middle c) Malware d) AES

6. Which of the following is a component of cyber security?

a) Internet Of Things b) AI c) Database d) Attacks

7. Which of the following is a type of cyber attack?

a) Phishing b) SQL Injections c) Password Attack d) All of the above

8. Which of the following act violates cyber security?

a) Exploit b) Attack c) Threat d) Vulnerability

9. Where did the term “hacker” originate?

a) MIT b) New York University c) Harvard University d) Bell’s Lab

10. Which of the following is not an email-related hacking tool?

a) Mail Password b) Email Finder Pro c) Mail PassView d) Sendinc

11. A Trade Mark can be removed from the Register for non-use within how many years of
Registration?

a) 10 years b) 5 years Pro c) 3 years d) 7 years

12. Every application for a patent shall be for _ invention only

A. Two B. Four C. One D. Three

13. How long is a patent valid in India?

A. 30 years B. 20 years C. 40 years D. 60 years

14. What Cannot be patented in India?

A. a computer program, B. scientific theory, C. mathematical method,
D. All of the Above

15. How many types of compulsory licenses are provided for under the Indian Patent Act?
A. Two B. Four C. One D. Three

16. patent act passed in the year

A. 1932 B. 1970 C. 1972 D. 1986

17. When was Copyright Act enacted in India?

A.1955 B.1959 C.1957 D.1960

18. Copyright is __.?

A.Negative right B.Positive right C.Exclusive right D.Both B and C
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19. 5.Which Section of the Copyright Act contains the meaning of copyright /
A.Section 11 B. Section 14 C.Section 15 D.Section 10

20. Which Section of the Copyright Act the performers right?

A.Section 31 B. Section 22 C.Section 38 D.Section 29