Naseer Mahmood

BEES/S16/0115
314-2016
Assignment # 1
Q#1
Intellectual property (IP) is a category of property that includes intangible creations of the
human intellect. To protect your idea so that someone else cannot steal your idea, you need
to secure one or more of the four different types of intellectual property (IP).

I. TRADE SECRET PROTECTION

A “trade secret” is any valuable information that is not publicly known and of which the owner
has taken “reasonable” steps to maintain secrecy. These include information, such as a
business plans, customer lists, ideas related to your research and development cycle, etc.
Trade secrets are not registered with a governmental body. All you need to do to establish
your information as such is to treat it as a trade secret. Only those with a need to know
should have access to your trade secret information.

II. TRADEMARK PROTECTION

Trademarks protect brands. The name of the product associated with the product or a
service is called the trademark. A trademark is anything by which customers can identify a
product or the source of a product, such as a name associated with the product. Typically,
that would be the words that you use to refer to your product or service. When the brand or
trademark is made up of words, we refer to this as a wordmark. Other things can serve as
your trademark. For example, sounds, colors, smells, and anything else that can bring the
product and/or its owner to the minds of a consumer can serve as your trademark.

III. COPYRIGHT PROTECTION

Copyrights protect original works of authorship that are fixed in a “tangible medium of
expression.” This means that the authored or creative work has been written down on a
piece of paper, saved on an electronic storage device (e.g. hard drive or flash drive), or
preserved in some other tangible format. Examples of copyrightable works include movies,
videos, photos, books, diaries, articles, and software. Copyright does not protect ideas or
useful items, which is the function of patents. Although software is a functional item, it can be
protected by copyrights due to the creativity used in the selection, ordering, and
arrangement of the various pieces of code in the software.

IV. PATENT PROTECTION

Two types of patents may be obtained:
Utility patent basics:
To get a utility patent, you need to apply for a patent with the USPTO. If you start to market
your product without applying for the patent, then eventually (i.e., after one year) your idea
will be dedicated to the public. The term for a utility patent is generally 20 years from the
filing of your nonprovisional patent application and starts immediately when the patent office
issues your patent.

Design patent basics:

To get a design patent, you need to apply for a registration with the USPTO. If you start to market
your product without applying for the registration, then eventually (i.e., after one year) your idea will
be dedicated to the public.
The term for a design patent is 15 years from the grant date of your design patent.
 Q#2
Any invention that meets the standards set by Patent Office is eligible to apply for Patent
registration. The criteria that describe the patent-ability of an invention are:
 The invention is new.

 It involves an inventive step.

 It is capable of industrial application.

 It should not be contrary to law or morality.

The procedure to register a patent, as detailed by Patents Office, Pakistan is as follows:

1. Request for a patent is initiated by filling out ‘Form P-1’ or ‘Form P-2’ (Convention
Application for Patent), along with the Specifications of the invention.

1. The Specifications described in the Application form can be either complete or

provisional.

2. Specifications of the patent can be detailed on extra sheets (if required), and
include steps, processes, drawings and claims.

3. Complete specifications are filled out on ‘Form P-3A’ (Application for

Complete Specification). Provisional specifications have to be filled out using ‘Form
P-3’ (Application for provisional specification).

4. Forms P-1A, P-1B or P-1C have to be provided with ‘Form P-3A’ if the
original application form is Form P-1. On the other hand, if the original application
form is P-2, then the Specifications Form P-3A must accompany Forms P-2A, P-
2B or P-2C.

5. If a Provisional specification is provided with the application, complete

specification must also be provided following the original submission before moving
on to the next step.

2. The Application is examined and evaluated by the competent authority at Patent

Office.

1. Applicant will have to defend their registration application if there is any

opposition regarding the patent from some other party that lays claim to the same
patent, wholly or partially.

2. Parties that want to oppose a registered/accepted/withheld/applied for patent

can do so by filling out ‘Form P-7’.

3. In case no objection is raised during evaluation or the legal matters are settled with
the opposition, the patent is sealed once the applicant(s) duly fill and submit ‘Form P-10’
(Request for Sealing), and the applicant is granted the rights for it for 20 years (subject
to renewal).