DRAFT ON PATENT ,

COPYRIGHT ,

AND TRADEMARK
-: BY INTOLEGALWORLD :-
 1. PATENT

FORMAT OF A PATENT APPLICATION

A patent application comprises of a completed application form entitled "Request for the Grant of a Patent"
which is set out in Schedule II of the Patents (Amendment) Rules 2009 (Form No.1) and a specification. The
online patent e-filing system incorporates Form No. 1.

For applicants who wish to file a patent application directly with the Intellectual Property Office of Ireland
by post, the Patent Application Guide provides guidance on how to complete a patent application, including
how to complete a paper Patent Application Form No. 1, draft specifications, claims, drawings and abstracts.

Patent law and practice, and the drafting of the specification, describing an invention, are complex matters,
for which the help of a patent agent is very advisable, unless the applicant has had specialized training in this
field.

THE SPECIFICATION

The specification should be in conformity with the requirements of the Patents Act 1992 and Patents Rules
1992, typed or printed on single sided A4 pages with margins of 2 to 3 centimeters. These margins should be
blank, and each page should be numbered. Two copies of the specification must be submitted.

The specification provides the technical information about the invention, and provides its legal definition. It
has four components, presented in the order in which they should occur in an application:
 The title,
 A description of the invention,
 Claims, and
 Drawings, if relevant to the application.
 THE TITLE

This comes first in the specification. It should be brief, but must clearly indicate the matter to which the
invention relates. The same title should appear both on the specification and the request for grant form.

THE DESCRIPTION

The description immediately follows the title. It is a detailed explanation of the invention. It should include
all relevant information. It must be sufficiently clear and complete to be understood by others; such as to
allow a person reasonably skilled in the same art to be able to fully replicate the invention without needing
further details.

The description should set out the background of the invention and also explain any particular problem that
the invention solves, and what it does.

Please note in particular that additional information cannot be added or the description broadened after you
have filed the application.

A filing date cannot be secured in the absence of a description of the invention which is the subject of the
request for grant of a patent.

THE CLAIMS

The claims, which follow the description, define the scope of the invention and the legal protection
conferred by the patent when granted.

The claims must define the matter for which protection is sought in terms of its technical features. They
must be clear and concise and be supported by the description.

There are two kinds of claim, independent and dependent. An independent claim defines an embodiment of
an invention, comprising all its essential features. Dependent claims define further embodiments further
characterized by desirable, but non-essential, features or components. These claims are dependent on the
independent claim that gives the basic invention.
Claims must not speculate on the perceived advantages of the invention, but should restrict themselves to
embodiment and technical features. The advantages of the invention may be outlined in the description.
The specification may contain independent claims in different categories, e.g., for each of a product, the
process for making that product, and specially adapted apparatus used in that process. However, all the
independent claims must relate to the same basic inventive concept to ensure unity of invention.

If there are several claims, they should be numbered consecutively.

If the claims are not filed with the application, they must be filed within 12 months of the filing date or if
priority has been claimed within 12 months of the priority date.

THE DRAWINGS

The Drawings are not obligatory. However, a good drawing (or set of drawings) is often of great value in
clarifying the nature of an invention. Therefore, drawings may accompany the specification. Where they do
they must be mentioned in the text of the description. They must be clear and legible with no extraneous text.
Drawings should be filed at the same time as the rest of the specification. Late filing of drawings has
implications for the filing date of the application. Please note chemical formulae are normally included
within the description.

THE ABSTRACT

In addition to the specification, an applicant must also supply an abstract. This is a concise summary of the
invention. The abstract should be typed on a separate sheet of A4 paper and must begin with the title of the
invention that appears in the specification and the request for grant. It should include the essential features of
the invention and should ideally be no longer than 150 words.

The abstract, like the claims, must be filed within 12 months of the application filing date (or priority date
where claimed) if it has not been filed with the application. Abstracts are not part of the specification, and
are not used to interpret the scope of protection sought. Rather, they provide a technical summary of the
invention for archiving and retrieval purposes, thus assisting third parties in deciding whether the application
as a whole might be of interest.
 SAMPLE SPECIFICATIONS

 Sample of Agricultural Specification(PDF 0.94 MB)

 Sample of Chemical Specification (PDF 1.79 MB)

 Sample of Engineering Specification (PDF 1.64 MB)

 Sample of Telecommunications Specification (PDF 1.45 MB)

MINIMUM REQUIREMENTS FOR A FILING DATE

It is possible to secure a filing date without a fully completed patent application, as long as each of the
following is submitted:
1. An indication that a patent is sought
2. Information identifying the applicant
3. A description of the invention
The requirements at 1, 2, and 3 above can be satisfied by completing Form No.1 and by sending it by post
to:
The Intellectual Property Office of Ireland
Government Offices
Hebron road
Kilkenny
R95 H4XC
Ireland
 2. COPYRIGHT

COPYRIGHT EXAMPLES & TYPES

There are technically two types of copyright examples, one allows you to reuse copyrighted materials in
specific ways for “fair use” purposes without the owners’ permission, and the other protects your content
from reuse or reproduction as the owner of the work.

Let’s go over each type of copyright example in a little more detail in the following sections.

COPYRIGHTING WORKS OF CREATIVE EXPRESSION

According to the US Copyright Office, copyright applies to all original works of creative expression
captured in a tangible form and goes to the work’s original creator, who can choose to sell their rights to
other parties.

SOME EXAMPLES OF WORKS THAT CAN BE COPYRIGHTED INCLUDE:

 Architectural works
 Sound recordings
 Audiovisual works — including motion pictures
 Artworks
 Dramatic works — including any accompanying music
 Musical works — including any accompanying words
 Literary works
 Choreographic works
That said, there are limitations to the types of work this protection applies to.
 THE FOLLOWING EXAMPLES OF CONTENT AREN’T PROTECTED BY
COPYRIGHT:

 Ideas, methods, systems, concepts, or discoveries

 Works that don’t have a tangible form (i.e., not captured in a physical medium)
 Titles, names, slogans
 Familiar symbols or designs
 Variations of typefaces or lettering
 Ingredient lists

DO YOU NEED A COPYRIGHT NOTICE?

While you don’t legally need a copyright notice for the law to cover your original works, it’s a best practice
to put a disclaimer on all your published materials for the following reasons:
 Reason #1: Having a copyright notice posted on your website or app helps add an extra layer of
protection if infringement does occur because you can prove that the infringer should’ve seen the
copyright and been aware that your content was protected
 Reason #2: Copyright notices are very quick and easy to make and typically consist of four concise
components
 Reason #3: Including one acts as a visual reminder to your users that your work is protected by
copyright, and users may assume otherwise if they do not see a notice
 Reason #4: A visible copyright reduces the chances of copyright infringement because it proves that
you’re aware of the law and are willing to follow through on your rights if anyone misuses your work
It’s also in your best interest to post a fair use copyright notice if you’re reusing someone else’s copyrighted
materials for commentary, criticism, or parody purposes.

BENEFITS OF A COPYRIGHT

There are several benefits to including a copyright on your website or app:

 They’re quick and easy to make and publish
 They provide an extra layer of protection over your intellectual property
 Adding one now may help save you thousands of dollars in legal fees down the road
Let’s go over these benefits together in a little more detail.
 HOW TO WRITE A COPYRIGHT NOTICE

To write your own copyright notice, you must include some or all four of the following components in this
order:
1. The copyright symbol © or the word “copyright”
2. The year the material was published — you may include a range of years if your content is regularly
updated, and this can be different from the creation date
3. The name of the copyright owner — this can be an individual, multiple people, an organization, or a
business
4. Your statement of rights you wish to retain over your materials — some, all, or none
What do the different statements of rights mean?
 All rights reserved: You own and retain all rights to your work
 Some rights reserved: You allow the use of your materials under certain circumstances, which you
should specify in an intellectual property rights clause somewhere on your site, like in your terms and
conditions agreement
 No rights reserved: You release your work into the public domain
Putting the statement of your rights in your copyright is optional. If you don’t add it, then it’s legally
assumed you retain all rights.

COPYRIGHT NOTICE EXAMPLES

Now let’s look at some real examples of copyright notices, which we’ll break down into the four relevant
components mentioned above.

PIXAR’S COPYRIGHT EXAMPLE

In the screenshot below, see the components included in Pixar’s copyright, which is in their website footer
and follows the standard copyright format.
As you can see, they include the following copyright components in their notice:
1. They use the © symbol
2. 1986-2023 is the range of dates covered by their copyright
3. Disney/Pixar is the name of the copyright owner
4. There is no statement of rights, which means they reserve all rights over their property
Like the Pixar copyright example, your statement can include a range of years if you’ve expanded or
updated your content since the original publication date.

In the following screenshot, you can view the clause Pixar includes in their terms of use agreement that
expands upon their copyright and lists all intellectual property it covers.
 3. TRADEMARK

ABOUT TRADEMARK AND ITS INFRINGEMENT

When we hear the name, Vistara, the famous airline in India, then we can instantly associate this brand name
with Tata group. By hearing this brand name, we know how much this brand name has earned the reputation
and goodwill till now. Likewise, there are so many symbols, phrases, brands, etc. that we see and use daily
in our day-to-day lives, and while hearing these names or seeing these specific symbols, we know which
company it represents. This is because all these marks, brand names, phrases are being used widely for years
and have gained a reputation in the country as well as in foreign countries. Further, the registration of
trademarks is done under Section 18 of the Trade Marks Act, 1999 (hereinafter referred to as ‘the Act’) for
the protection of the brands and therefore, no unregistered entity can use the trademark of registered entities,
as this would amount to a violation of the owner’s rights.

In case an entity or individual uses the trademark of another registered entity, then this amounts to
infringement of trademark under Section 29 of the Act. For this reason, no entity or individual can use such
marks, brand names, phrases, etc. which can cause confusion to a reasonable person, for being deceptively
similar to those products or services bearing such registered trademark. Also, such a trademark by the
infringer must be used in an unauthorized manner during the course of regular trade where the registered
entity is already engaged, then only it will amount to trademark infringement.

While all the registered trademark, if used in an unauthorized manner, amounts to infringement, but with
assignment and transmission of the trademark by the registered entity, the use of such trademark does not
amount to infringement. As per Sections 37 and 38 of the Act, registered trademarks are assignable and
transmissible, with or without the goodwill of the business. Even an unregistered trademark may be assigned
and transmitted with or without the goodwill of the business, according to section 39 of the Act. Thus,
trademark law in India also provides when the usage of a registered trademark does not amount to
infringement of the trademark.
 REMEDIES FOR TRADEMARK INFRINGEMENT

When and if a trademark is infringed, the owner of the trademark has both the civil and criminal remedies
available under the Act. Under the civil remedies, the owner has the right to reach out to the court for an
injunction order for stopping the usage of the owner’s trademark by the infringer, or damages can be
claimed as the owner’s exclusive right of using the trademark have been violated or for accounts and
handing over the profits which the infringer might have earned by using the owner’s registered trademark.
While under the criminal remedies, the infringer has to bear the penalty of fifty thousand rupees to two lakh
rupees or/and imprisonment for a period of six months which can be extended to three years. Therefore, the
Act clearly provides for the restitution such that the trademark owner revives its stolen profit and reputation,
which might have hampered due to the quality of the duplicate goods or services engaged by the infringer’s
act of using the owner’s registered trademark.

THE NEED FOR SENDING LEGAL NOTICE FOR TRADEMARK

INFRINGEMENT

The basic mindset of a common person is to avoid approaching the courts due to the hassles that come along
with it. That is why drafting and sending the legal notice should be first adopted while expressing the
grievances to the infringer. The main advantage of sending legal notice vis-à-vis going to court is that it
saves a lot of time because generally, the infringer comes to know of the legal complications and legal
course that may arise from continuing using such trademark of another entity, which the infringer might not
be aware of. Along with saving time, it is also cost-effective and resolves the matter amicably.

As soon as the owner of the registered trademark comes to know of the usage of the trademark
unauthorizedly, the owner should send the legal notice of trademark infringement to the infringer straight
away. This will caution the notice to stop using the owner’s trademark and also clarify the consequences of
not fulfilling the conditions listed by the owner of the trademark.
 ESSENTIALS OF THE TRADEMARK INFRINGEMENT NOTICE

 The first requirement is to mention the infringer’s name, address and all the details mentioning the
infringement of the registered trademark, like:
o The date when the infringement took place or when the owner came to know about such
infringement;
o The facts depicting the infringement;
o The grievances due to such infringement; and
o Detailing in-depth the inconveniences caused to the owner of the registered trademark.
 The details of all the communications that might have taken place between the owner and the
infringer.
 The cause of action due to the infringer’s act should be clearly mentioned.
 The owner has to provide a time limit to the infringer to respond to the said legal notice, like in 15 or
20 days.
 The consequence of not replying by the said time limit should be mentioned in detail.
 The notice should be duly signed by the concerned lawyer of the owner.