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Question

Which of the following grants protection to an entrepreneur from anyone else making, using and selling the identified innovation ?

The correct answer is
Utility Patent

The question asks which type of intellectual property protection prevents others from exploiting an entrepreneur's innovation by making, using, or selling it.

Patent Protection Explained

A patent grants the inventor exclusive rights to their invention for a set period. This prevents others from commercially exploiting the invention without the patent holder's permission. Different types of patents protect different aspects of an invention.

Types of Patents

  • Utility Patent: Protects the functional aspects of an invention – how it works or what it does. This is the most common type and grants the broadest protection, covering the processes, machines, manufactures, or compositions of matter. It specifically prevents others from making, using, selling, or importing the invention.
  • Design Patent: Protects the ornamental, non-functional aspects of an item – its unique appearance or aesthetic design.
  • Plant Patent: Protects new and distinct asexually reproduced plant varieties.
  • International Patent: Not a single type of patent, but rather a system (like the Patent Cooperation Treaty) that facilitates seeking patent protection in multiple countries. It doesn't grant protection itself but streamlines the application process abroad.

Identifying the Correct Protection

The question specifically mentions protection from anyone else making, using, and selling the identified innovation. This description aligns directly with the rights granted by a Utility Patent, which covers the invention's functionality and commercial application.

Therefore, a Utility Patent grants the entrepreneur protection from others making, using, and selling the innovation.

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Important Questions from Intellectual Property Rights

  1. Match the LIST-I with LIST-II
    LIST-I Type of IPRLIST-II Concept
    A. Geographical IndicationI. Post grant opposition
    B. TrademarkII. Protection of Right Management Information (RMI)
    C. PatentIII. Prohibition of Assignment
    D. CopyrightIV. Honest Concurrent use

    Choose the correct answer from the options given below:
  2. Which of the following theory/theories is/are not closely connected to intellectual property rights?
    A. Economic Theory
    B. Autopoietic legal Theory
    C. Social Planning Theory
    D. Instrumentalist Theory
    E. Social Contract Theory
    Choose the correct answer from the options given below:
  3. Arrange the following provisions pertaining to procedure of granting patent (section-wise) in its correct sequence.
    A. Time for putting application in order for grant
    B. Request for examination
    C. Publication of application
    D. Priority date of claims of a complete specification
    E. Mention of inventor as such in patent
    Choose the correct answer from the options given below:
  4. Powers and procedures of the Copy right board of the Copy right Act 1957 comes under which Section ?
  5. Which of the following is excluded from copyright protection under Section 13 (5) ?
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