Monday, October 20, 2008

patent types

It is possible for an inventor to categorize his idea or invention under one of three heads – utility patent, design patent, or plant patent.
Utility Patent:-The most common type of patent is the utility patent. This kind of patent is awardable for an invention, or discovery, or an improvement thereof that can be applied, within reasonable time, for public good and / or makes sound economic sense. A utility patent applies to the way something is made, how a device operates, or a process for accomplishing some utilitarian purpose. The subject of a utility patent must result from human activity (and not be a product of nature). It can be any one of the following or an improvement on any of them:
• A manufactured article: Such as a corkscrew or a stapler.
• A machine: For example, a photocopier or a computer.
• A composition of matter: Such as a cough medicine or an adhesive.
• A process for making or doing something: For example, a method for refining sugar or a protocol for managing investment accounts.
The invention can also be a combination of these things. A new use of an old machine can be patented as a process.
Design Patents: - The next major category of patents is the Design Patent that is issued for a new, original, and ornamental design of an article of manufacture. This grant allows the owner the exclusive rights that will prevent others from making, using, or selling the design. Design patents are usually non-utility patents that are awardable to "new, original, and ornamental design for an article of manufacture".
Plant patents: - The third major patent category is the Plant Patent. Such a patent is issued for a new, distinct, invented or discovered, asexually reproduced plant including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, it permits its owner to exclude others from making, using, or selling, or asexually reproducing the plant for a period of up to twenty years from the date of filing of application

Friday, October 17, 2008

MADHUBANI ARTS AND GI

The history of ethnic paintings in India can be traced back to the Bhimbatka Caves, where some of the earliest paintings of India are found. But when it comes to ethnic ‘tribal’ paintings of India the names which top the list are Warli paintings and Madhubani paintings
Madubani paintingsalso known as Godhna, Maithili and Chitra figure paintings, originated in a village of the same name located in the interiors of Bihar. Chiefly prevailing in Madhubani district, it also diffused to the adjacent districts of Jetwarpur, Ranti, Rasidpur, Bacchi, Rajangarh, etcThe art is practiced by the females only. It is their creative expression of day to day experiences and happenings. It is practiced as a part of daily rituals. It is a centuries old craft. The craft started as a welcome to the deities that, as per the belief, visited the homes of the devotees every morning
To begin with the paintings were don on the walls and floors. The floor and the walls were first coated with cow dung and mud paste. On drying they were painted with the rice paste. Now the art is practiced on handmade paper coated with a layer of cow dung. Earlier only rice paste and vegetable colors were used. Now with the changing trends and requirements, poster colors are also used. The paintings appear three dimensional.
The central theme is in variably Hindu Gods and Goddesses. The main theme is supported by the traditional geometric patterns. Goddess Lakshmi is repeatedly drawn from the door to the worship room in the traditional floor paintings. Signifying the prosperity walking in. Lord Ram with his consort Sita is another common theme as Sita is supposed to be born in that region also known as Mithila and hence the other name of the art form Mithila Paintings.Each symbol used by the Madhubani artist symbolizes specific things like fishes symbolize good luck while the serpents are the protectors. Other geometrical patterns also signify auspice.
Till the 1960s it was a purely a decorative art. But the Bihar famine of 1964-65 took its toil on the people of Madhubani and they had to shift from agriculture to other forms livelihood. And with that started the commercialization of the Maithili paintings; it shifted from walls and floors to paper, satin, sarees, dupattas, etc, without deviating from its original themes, the themes of religion and mythology. Most of the people of Madhubani now depend on these paintings for their daily necessities.
A paste of cow dung and mud is applied on the walls and floors to give a perfect black background on which pictures are drawn with white rice paste; bright vegetable colours are then applied on the figures making them more vibrant. A great number of Madhubani painters still apply a thin layer of cow dung and mud paste on their canvases to give a more authentic look and also because it helps in proper absorption of colour.
MADHUBANI ARTS AND GEOGRAPHICAL INDICATIONS
Bihar is of the most disturbed and impoverished states in India. Usually wracked with perennial law and order problems whether it be Marxist rebels, caste violence or tribal movements, it is heartening to note that this state seem to have woken up to its Intellectual Property Rights especially Geographical Indications. We know that a GI is the protection given to a reputable product, either man-made or natural, if the applicant can conclusively prove that the unique character, reputation of the product is attributable to a specific quality attributable to only the geographical region where the product is produced and which may not be replicated to the same standard in any other region.
A recent study shows that Bihar is filing for GI protection for its Madhubani paintings which are famous all over the world. According to the report “For ages, rural people, mostly women, of Mithila in Bihar have developed their own tradition of art, popularly known as Madhubani paintings and named after Madhubani district. This painting tradition dates back to the seventh century A.D.” Interesting Bloopers in the news report: This report quotes Abhijit Das, representative of United National Conference on Trade and Development (UNCTAD) as saying: ‘The Madhubani painting of Bihar is the first item to be registered under the GI Act for patenting”.