Category: Trade Secrets
Patent vs. Trade Secret
There have been various forms of intellectual property (IP) which encompasses patents, trademarks, copyrights, etc. To know more about IP, please refer to the article “What are Intellectual Property Rights?”. Amongst different forms of IP, patents have been unarguably the best mode of IP protection available to any invention in the form of a product or a process. However, recently, trade secrets have become an important part of the IP portfolio of any organization. Both patents and trade secrets can be used to protect inventions, formulae, process steps, and ingredients in a composition. However, it depends on the nature of the information and the applicant who is required to assess the best mode of protection for such information. To do so, it is essential to understand the important ingredients and requisites of patents and trade secrets. While the law relating to patents is codified and well developed through judicial precedents,…
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What are Intellectual Property Rights?
Intellectual Property (IP) encompasses intangible assets such as patents, copyright, trademarks, industrial design, geographical indications, and trade secrets. Intellectual Property Rights are conferred to the intellectual property owners to restrict others from copying their creations. The creations could be inventions, books, music, songs, brand names or trademarks, product designs, confidential information, etc. Depending upon the type of intellectual property, protection may be conferred automatically for a few, and for others, the intellectual property owner must apply for protection in desired countries. Types of Intellectual Property (IP) Protection Types of ProtectionTypes of Intellectual PropertyAutomatic ProtectionCopyright (advisable to register) Trade Secrets (however steps should be taken to keep the information secret)To Be Applied for ProtectionPatents, Trademarks, Industrial Designs, and Geographical Indications. One Product – Multiple Intellectual Property Rights Depending upon the subject matter involved, a product includes multiple intellectual property rights i.e., a product can have underlying intellectual property right protection under…
Form 27 – Understanding Form 27 for Patentees and Licensees in the Post-2024 Amendment
Patents grant inventors exclusive rights over their creations for a…
![A detailed legal analysis of a recent patent case. The article explores the interpretation of Section 3(i) of the Indian Patents Act, focusing on diagnostic methods. The court's decision, key arguments presented by the parties, and the technical aspects of the patent are discussed. The judgment emphasizes the distinction between diagnostic and non-diagnostic tests, highlighting the need for a case-by-case evaluation. The article delves into the complexities of patent eligibility, providing insights into the legal reasoning and technological considerations involved in the case](https://acuraip.com/wp-content/uploads/2023/10/Interpretation-of-Section-3i-of-the-Indian-Patent-Act-1970-in-the-Context-of-Non-Invasive-Prenatal-Testing.jpg)
Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing
Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized…
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Patent Publications vs Scientific Journal Publications: Understanding the Key Differences
Patent publications and scientific journal publications are two…
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Form 27 – Understanding Form 27 for Patentees and Licensees in the Post-2024 Amendment
Patents grant inventors exclusive rights over their creations for a specific period. In India, patentees and licensees have a responsibility to disclose how…
Recent Discussions
Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing
Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized prenatal diagnostics, enabling expectant parents to assess the genetic health of the fetus…