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RAHUL SHAH   03 August 2021

Intellectual property

Greetings of the day. 

I wish to enquire that is it possible that a literary work can be registered for a patent. If yes, then what kinds of literary work can be patented and what shall be the process for the same. 

Kindly explain.



 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 August 2021

Any Literary Work, which qualifies the Protection Prerequisites, may be registered with the Copyright Office. visit for full information www.copyright.gov.in

P. Venu (Advocate)     04 August 2021

To my knowledge, a literary work requires no such registration to be protected by copy right.

srishti jain   04 August 2021

As per your query,

No, a literary work cannot be registered, for a patent. It comes under the ambit of the Copyrights Act. All types of literary, musical, artistic or other aesthetic creation including, cinematography and television production, which comes within the ambit, of the Copyrights Act, are excluded from the scope of being patented. 

 

A patent excludes others from making, using, offering for sale or importing an invention or design. A copyright protects an author’s right to profit from works they create. Similar to a patent, the owner is granted a limited monopoly, but copyright lasts for the entire life of the author plus 70 years. 

You can register the literary work as copyright. You are required to file the work in the form of a printed book or a CD, which has the entire book in one file. 

The application has to be applied online. The Copyright Office will examine an application within 30 days of the publication. Any person interested may thus object to the application. After applying, it is examined by the Registrar of Copyright. If there is no outstanding objection, an entry is made, in the Copyright Register of the Registration. An extract of the Copyright Register, will be sent to you.

Hope it helps,

Regards,

Srishti


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