The pen has a torch attached to it so that when one writes in the dark the pen glows and makes writing easy. Ponkshe says there is nothing new about either the pen or the torch but somebody combined both and manufactured a pen that glows and that is a novel idea and this is patented.

This is what patents are all about, Ponkshe explains to the small industries so that they realise the importance of the work that they are doing and the relevance of patents to their business.

Ponkshe is in an unique position to understand this. Apart from being a patents attorney, he is an entrepreneur himself as owner of an electronics firm and as a patents holder.Apart from inventions, innovations and incremental improvements and uses of the same techniques for new applications can also be patented.

In India one can only get a process patent and not a product patent. While the idea for the patent may be simple, the process of getting the patent is backbreaking and exhausting. Apart from the fees you have to pay in the patents office for the patent, it could cost a minimum Rs 25,000 for the whole process. The claim has to be filed carefully to the satisfaction of hawk-eyed officials in the patent office. So when you invent something the patent provides protection with the exhaustive right to manufature, sell and use the invention for a limited period of time. The period for which the patent is granted starts from the date when the application is filed and damages for patent violation can be claimed from the date of notification of acceptance. Other parties have upto five months for filing an opposition to the granting of the patent. It could take anything from fourto six years to get a patent. Having signed GATT (General Agreement on Trade and Tariff) India will have to overhaul its patent regime. For starters, India will have to grant a 20 year patent on both process and products. So even if you are neither an inventor nor an innovator, you would have to study the patents carefully just to be sure you are not infringing or violating someone else's patent. Patents are distinct from Trademark, Design and Copright. In his book, `The management of intellectual property - Patents, Design, Trademark and Copyright' Ponkshe explains these concepts. Here are some tips:Patents:

A new product with novel construction, process or combination of processes to perform a new function can be protected under the Patents Act, 1970. The idea should be filed at the patent office before making it publicly known in any way (publishing literature, press reports or selling the product).

Applications can be filed in the four patents offices in India - Calcutta, Delhi, Mumbai and Chennai.Calcutta also functions as the head patents office of the country. The branch offices receives applications and gives each a serial number. They then examine the applicaition independently, process it and accept them for grant of patent. Accepted applications are then forwarded to the head office in Calcutta where a national serial number is given to the applications which are processed and then acccepted. This is then notified in the Gazette of India, Part III, Sec 2. The patents relating to food stuff, medicine and drugs are valid for five years from date of granting of patent or for a period of seven years from the date of application and in the case of other inventions it has a term of 14 years.

Though the patent office is headquartered in Calcutta, the controller general of patents, designs and trademarks sits in Mumbai at the Trade Mark registry office.

Design

When a product gets a new yet distinct look or shape it can be protected against the Designs Act. The registered designbecomes your property. The design should be registered before making the product freely available. The Design Act is controlled by the Patent Office in Calcutta. Acceptance and registration of the design is once again notified in the Gazette of India. Designs can be registered for a period of five years and can be renewed only twice for a period of five years at a time.

Trade Mark

A logo, pictorial representation, brand name or an invented word can be registered under the Trade Mark Act. After you get the Trademark Registration it becomes your property and nobody can copy your trademark or put a deceptive label on their products. Application for a trademark can be made at any time even before or after putting the trademark to use.

There are five offices of the Trade Mark Registry for the registration of trade marks. Delhi, Calcutta, Ahmedabad and Chennai are the branch offices while the head office is in Mumbai. In case of trademarks, the applications for registration of trademarks are filedin the branch offices while they are examined at the Mumbai offices. Trade Mark registration can be perpetuated by renewing the registration every seven years.

Copyright

Copyright registration is granted for artistic work, literary work, engineering drawings and company software. A copyright regsitration entitles you to a certificate stating that you are the legal owner of the copyright in work. In India software is not patented only copyrighted. A copyright is valid for the author during his lifetime and for a eriod of 60 years thereafter. The Regsitrar of Copyrights is based in Delhi.

Important addresses:

The Patent Office, Head Office, Nizam Palace, 2nd MSO Bldg., 234/4, A J Bose Road, Calcutta 700020.

The Controller of Patents, The Patents Office Branch, Todi Estates III, Sun Mill Compound, Lower Parel, (W), Mumbai - 400013.

For information on existing patents in India and other existing countries the best source for search of patents to ascertain prior knowledge is thePatents Information System Office, 3rd Floor Block C, CGO Complex, seminary Hills, Nagpur - 44006.