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Law relating to Intellectual property:

Intellectual property rights have become an irreplaceable element of India’s business fraternity, whether in
terms of new statues or judicial pronouncements. India’s consent of the WTO (World Trade Organization)
agreement has paved the way for its compliance with TRIPS (Trade Related Aspects of Intellectual Property
Rights).

Scope of Coverage
India’s legal framework caters to the following areas of intellectual property:
 Trade Marks
 Patents
 Copyrights
 Industrial designs
 Geographical indications
 Layout designs of integrated circuit
 Varieties of plant
 Information Technology and Cybercrimes
 Data protection

Governing Regulations
Intellectual properties rights in India are governed under the following Acts:
 Trade Marks Act, 1999
 The Patents Act, 1970 (amended in 2005)
 The Copyright Act, 1957
 The Designs Act, 2000
 The Geographical Indication of Goods (Registration and Protection) Act, 1999
 The Protection of Plant Varieties and Farmers Rights Act, 2001
 The Information Technology Act, 2000

TRIPS – the Game Changer

The TRIPS agreement has made way for the harmonization of Indian laws connected with Intellectual
Property Rights. The agreement was implemented with the minimum standards for the protection of IPR. A
time-frame has been specified within which the participating countries are required to effect changes in their
respective laws to meet the requisite compliance standards. The rest of the article seeks to highlight the
amendments brought forth by the agreement in intellectual property laws.

Patents

Patent was first introduced to the realms of Indian business in the year 1911 courtesy of the Indian Patent and
Designs Act, 1911. This Act was superseded in the year 1972 with the enforcement of the Patents Act, 1970.
The Act, which is now the governing Act for Patents in the country till now, went through an amendment in
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2005 to be compliant with the TRIPS agreement and is now known as the Patents (Amendments) Act, 2005.
The Amendment oversaw the extension of product patent to all fields of technology including foods, drugs,
chemicals, and micro-organisms. Furthermore, the provisions pertaining to Exclusive Marketing Rights
(EMRs) have been repealed and a provision enabling grant of a compulsory license has been framed as its
replacement.

Trademarks

A trademark is a unique symbol that differentiates one brand from the other and is considered essential for
protecting the brand from being illegally replicated. The TRIPS agreement for the protection of trademarks
incorporates the protection of distinguishing marks, recognition of service marks, indefinite periodical
renewal of registration, abolition of compulsory licensing of trademarks, etc. In view of enacting the newly
fabricated laws, the Indian Trade and Merchandise Marks Act, 1958 was annulled to pave the way for the
Trade Marks Act, 1999. The newly introduced governing regulation is designed in accordance with the
international systems and practices mandated by the TRIPS agreement. The Trademarks Act of 1999 provides
for the registration of service marks, the filing of multiclass applications, enhancing the term of trademark
registration to 10 years, the recognition of the concept of well-known marks, etc. The Indian legal framework
has also extended the protection to Domain Names.

While the previous regulation merely included Goods and Services for the purpose of registration, the
infringement rules for the current regulations have been modified to include the unauthorized use of similar or
confusingly similar marks.

These amendments provide lesser room for defaults. The police are now entitled to seize any infringing
materials without producing a warrant. Trademark infringement could impose the defaulter with
imprisonment for a term of at least 6 months, which may extend to three years. This would be coupled with a
fine of not less than Rs. 50,000 which may even go up to Rs. 2,00,00.

The Madrid Protocol

The Amendment of the Trademark Act in 2010 led to India’s foray into the Madrid Protocol in 2013, thereby
enabling Indian entities to register their trademarks in 97 countries by filing a single application form.
Likewise, foreign entities of the member countries are also allowed to register their marks in India.

Relative Grounds for Trademark Refusal

Copyright

Not many Acts in India has passed the test of time, but the Copyright Act falls among such exceptions. The
Act was formulated in the year 1957 and has been amended from time-to-time to be on par with the
international standards as specified in TRIPS.

The Act preserves the right of artistic endeavors which includes painting, sculpting, drawing, engraving,
photography, artistic craftsmanship, dramatic work, literary work, musical work, sound recording, and
cinematography. and is reflective of the Berne Convention for Protection of Literary and Artistic Works, 1886
and the Universal Copyrights Convention. Apart from these two conventions, the country is a party to the
Geneva Convention for the protection of rights of Producers or Phonograms. The country is also an active
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member of the World Intellectual Property Organization (WIPO) and the United Nations Educational,
Scientific and Cultural Organization (UNESCO).

The following are some of the featured provisions of the Act:

 The Act doesn’t mandate the need for qualitative work, as any unique work with little in common with
other works qualify for this purpose.
 The creator of the work is accorded with lifetime copyrights, which will continue to be valid a little
more after his /her lifespan, i.e. until 60 years after his/her, death.
 The creator is not only vested with rights of authorship but the rights of protecting his/her work against
any amendments.
 The year 1984 witnessed the inclusion of computer programming into the Act.

In the event of any defaults, the Copyright Act provides for civil remedies in the following manner:

 Permeant injunction.
 Damages or accounts of profits.
 Delivery of the infringing material for destruction.
 Provision of the cost of legal proceedings to the defender.
 Imprisonment of a period ranging between 6 months and two years.
 A fine ranging between Rs. 50,000 and Rs. 2, 00,000.

Industrial Designs

The TRIPS agreement has accorded India with the ingredients that help in the protection of industrial designs.
The Designs Act, 2000, caters to these requirements by providing protection to original and aesthetically
appealing designs which have the potential for commercial applications and is in consonance with the
evolvements in technology and economical advancements.

Geographical Indications

A Geographical Indication (GI) is utilized on goods with a specific geographical origin and it consists of
qualities or reputations that are due to the place of origin. Rights in terms of GI are valuable and needs to be
protected against misuse by dishonest commercial operators.

The TRIPS agreement has listed out the minimum standards of protection of GIs and additional protection for
wines and spirits. In view of this, India has adopted legislative measures by enacting the Geographical
Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods
(Registration and Protection) Rules, 2002.

The Geographical Indications of Goods (Registration and Protection) Act, 1999, describes “Geographical
Indication,”, with respect to goods, as “an indication which identifies such goods as agricultural goods, natural
goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or
locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially
attributable to its geographical origin and in case where such goods are manufactured goods one of the

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activities of either the production or of processing or preparation of the goods concerned takes place in such
territory, region or locality, as the case may be.”

The use of GIs in India is widespread as the indication can be seen in a variety of products such as Basmati
Rice, Darjeeling Tea, Feni, Alphonso Mago, Allepey Green Cardamom, Coorg Cardamom, Kanchipuram Silk
Saree, Kolhapur Chappal, and a host of other commodities.

Entities registered with GIs can prevent unauthorized use of the registered geographical indication by
initiating infringement procedures through a civil suit or criminal complaint.

Plant Varieties

As a part of the ratification of the TRIPS agreement, India has enacted the Protection of Plant Varieties and
Farmers Act, 2001 (commonly known as the “Plant Act”), as per the recommendations of the International
Union for Protection of New Varieties of Plants, Geneva. The Act has facilitated the creation of a Protection
of Plant Varieties and Farmers Rights Authority. The body is entrusted with the task of promoting the
development of new varieties of plants as well as the protection of plant varieties and the rights of the farmers
and breeders. Till now, the Indian Government has notified 114 crops with their genera to be registered under
the initiative.

The development is set to sustain the progress of the most important sector of all – agriculture, as more
emphasis will be attributed for discovering or developing new breeds. The scheme also seeks to enhance the
growth of the seed industry and offer the Indian farmers with better quality of seeds.

Layout Designs of Integrated Circuits

The Semiconductor Integrated Circuits Layout Design Act, 2000, was drafted into the Indian governing
system in compliance with the TRIPS agreement. The Act is aimed at ensuring the protection of layout
designs in integrated circuits.

Layout Designs

Layout Designs refers to a layout of transistors and other circuitry elements. It includes lead wires connecting
such elements and expressed in any manner in a semiconductor integrated circuit.

Semiconductor Integrated Circuit

The Semiconductor Integrated Circuits Layout Design Act, 2000, describes a Semiconductor Integrated
Circuit as a product with transistors and other circuitry elements which are inseparably formed on a
semiconductor material, insulating material or inside the semiconductor material and designed to perform an
electronic circuitry function.

Data Protection

Data Protection laws refer to a collection of privacy laws, policies, and procedures which are intended to
curtail the privacy intrusions caused by the collection, storage, and dissemination of personal data. Personal
data, in general terms, is the information or data pertaining to a person who can be identified from particular
information or data collected by a government, private organization or an agency.
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India doesn’t have an express law for Data Protection, though certain provisions for the same can be found in
the relevant laws, which includes the Information Technology Act, 2000, and the Indian Contract Act, 1872.
A codified law for this purpose is likely to be enforced in the forthcoming years.

Information Technology and Cyber Crime

The laws associated with the domain of information technology are governed by the Information technology
Act, 2000. The Act is aimed at rendering a legal recognition of transactions pursued through electronic data
interchange and other means of electronic communication involving the use of alternative to paper-based
methods of communication and storage of information with governmental agencies. The provisions of the Act
include:

 The grounds on which the government may interfere with data.

 The laws pertaining to the breach of conduct and its implications. The breach could be in the form of a
penalty for damages to computers systems, tampering with computer source, breach of confidentiality and
privacy, etc.

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Meaning of intellectual property

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works;
designs; and symbols, names and images used in commerce.

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Intellectual property (IP) is a category of property that includes intangible creations of the human intellect.
There are many types of intellectual property, and some countries recognize more than others. The most well-
known types are copyrights, patents, trademarks, and trade secrets. The modern concept of intellectual
property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be
used in the 19th century, though it was not until the late 20th century that intellectual property became
commonplace in the majority of the world's legal systems.

The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual
goods.[9] To achieve this, the law gives people and businesses property rights to the information and
intellectual goods they create, usually for a limited period of time. This gives economic incentive for their
creation, because it allows people to benefit from the information and intellectual goods they create, and
allows them to protect their ideas and prevent copying.These economic incentives are expected to stimulate
innovation and contribute to the technological progress of countries, which depends on the extent of
protection granted to innovators.

Main forms of IP

There are four types of intellectual property rights and protections (although multiple types of intellectual
property itself). Securing the correct protection for your property is important, which is why consulting with a
lawyer is a must. The four categories of intellectual property protections include:

TRADE SECRETS

Trade secrets refer to specific, private information that is important to a business because it gives the business
a competitive advantage in its marketplace. If a trade secret is acquired by another company, it could harm the
original holder.

Examples of trade secrets include recipes for certain foods and beverages (like Mrs. Fields’ cookies or Sprite),
new inventions, software, processes, and even different marketing strategies.

When a person or business holds a trade secret protection, others cannot copy or steal the idea. In order to
establish information as a “trade secret,” and to incur the legal protections associated with trade secrets,
businesses must actively behave in a manner that demonstrates their desire to protect the information.

Trade secrets are protected without official registration; however, an owner of a trade secret whose rights are
breached–i.e. someone steals their trade secret–may ask a court to ask against that individual and prevent
them from using the trade secret.

PATENTS

As defined by the U.S. Patent and Trademark Office (USPTO), a patent is a type of limited-duration
protection that can be used to protect inventions (or discoveries) that are new, non-obvious, and useful, such a
new process, machine, article of manufacture, or composition of matter.

When a property owner holds a patent, others are prevented, under law, from offering for sale, making,
or using the product.

COPYRIGHTS
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Copyrights and patents are not the same things, although they are often confused. A copyright is a type of
intellectual property protection that protects original works of authorship, which might include literary works,
music, art, and more. Today, copyrights also protect computer software and architecture.

Copyright protections are automatic; once you create something, it is yours. However, if your rights under
copyright protections are infringed and you wish to file a lawsuit, then registration of your copyright will be
necessary.

TRADEMARKS

Finally, the fourth type of intellectual property protection is a trademark protection. Remember, patents are
used to protect inventions and discoveries and copyrights are used to protect expressions of ideas and
creations, like art and writing.

Trademarks, then, refer to phrases, words, or symbols that distinguish the source of a product or services of
one party from another. For example, the Nike symbol–which nearly all could easily recognize and identify–is
a type of trademark.

While patents and copyrights can expire, trademark rights come from the use of the trademark, and therefore
can be held indefinitely. Like a copyright, registration of a trademark is not required, but registering can offer
additional advantages.

Copyright

Copyright is a form of intellectual property protection granted under Indian law to the creators of original
works of authorship such as literary works (including computer programs, tables and compilations including
computer databases which may be expressed in words, codes, schemes or in any other form, including a
machine readable medium), dramatic, musical and artistic works, cinematographic films and sound
recordings.

Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the
Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works,
artistic works, cinematograph films and sound recording. For example, books, computer programs are
protected under the Act as literary works.

Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the
Act. These rights can be exercised only by the owner of copyright or by any other person who is duly licensed
in this regard by the owner of copyright. These rights include the right of adaptation, right of reproduction,
right of publication, right to make translations, communication to public etc.

Copyright protection is conferred on all Original literary, artistic, musical or dramatic, cinematograph and
sound recording works. Original means, that the work has not been copied from any other source. Copyright
protection commences the moment a work is created, and its registration is optional. However it is always
advisable to obtain a registration for a better protection. Copyright registration does not confer any rights and
is merely a prima facie proof of an entry in respect of the work in the Copyright Register maintained by the
Registrar of Copyrights.

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As per Section 17 of the Act, the author or creator of the work is the first owner of copyright. An exception to
this rule is that, the employer becomes the owner of copyright in circumstances where the employee creates a
work in the course of and scope of employment.

Copyright registration is invaluable to a copyright holder who wishes to take a civil or criminal action against
the infringer. Registration formalities are simple and the paperwork is least. In case, the work has been created
by a person other than employee, it would be necessary to file with the application, a copy of the assignment
deed.

One of the supreme advantages of copyright protection is that protection is available in several countries
across the world, although the work is first published in India by reason of India being a member of Berne
Convention. Protection is given to works first published in India, in respect of all countries that are member
states to treaties and conventions to which India is a member. Thus, without formally applying for protection,
copyright protection is available to works first published in India, across several countries. Also, the
government of India has by virtue of the International Copyright Order, 1999, extended copyright protection
to works first published outside India.

Indian perspective on copyright protection:

The Copyright Act, 1957 provides copyright protection in India. It confers copyright protection in the
following two forms:
 Economic rights of the author, and
 Moral Rights of the author.
(A) Economic Rights:
The copyright subsists in original literary, dramatic, musical and artistic works; cinematographs films and
sound recordings. The authors of copyright in the aforesaid works enjoy economic rights u/s 14 of the Act.
The rights are mainly, in respect of literary, dramatic and musical, other than computer program, to reproduce
the work in any material form including the storing of it in any medium by electronic means, to issue copies
of the work to the public, to perform the work in public or communicating it to the public, to make any
cinematograph film or sound recording in respect of the work, and to make any translation or adaptation of the
work.

In the case of computer program, the author enjoys in addition to the aforesaid rights, the right to sell or give
on hire, or offer for sale or hire any copy of the computer program regardless whether such copy has been sold
or given on hire on earlier occasions. In the case of an artistic work, the rights available to an author include
the right to reproduce the work in any material form, including depiction in three dimensions of a two
dimensional work or in two dimensions of a three dimensional work, to communicate or issues copies of the
work to the public, to include the work in any cinematograph work, and to make any adaptation of the work.

In the case of cinematograph film, the author enjoys the right to make a copy of the film including a
photograph of any image forming part thereof, to sell or give on hire or offer for sale or hire, any copy of the
film, and to communicate the film to the public. These rights are similarly available to the author of sound
recording. In addition to the aforesaid rights, the author of a painting, sculpture, drawing or of a manuscript of
a literary, dramatic or musical work, if he was the first owner of the copyright, shall be entitled to have a right
to share in the resale price of such original copy provided that the resale price exceeds rupees ten thousand.
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(B) Moral Rights:
Section 57 of the Act defines the two basic 'moral rights of an author. These are:
 Right of paternity, and
 Right of integrity

The right of paternity refers to a right of an author to claim authorship of work and a right to prevent all others
from claiming authorship of his work. Right of integrity empowers the author to prevent distortion, mutilation
or other alterations of his work, or any other action in relation to said work, which would be prejudicial to his
honour or reputation.

The proviso to section 57(1) provides that the author shall not have any right to restrain or claim damages in
respect of any adaptation of a computer program to which section 52 (1)(aa) applies (i.e. reverse engineering
of the same). It must be noted that failure to display a work or to display it to the satisfaction of the author
shall not be deemed to be an infringement of the rights conferred by this section. The legal representatives of
the author may exercise the rights conferred upon an author of a work by section 57(1), other than the right to
claim authorship of the work.

Trademarks

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act,
1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters
relating to trade marks in the country. The objective of the Trade Marks Act, 1999 is to register trade marks
applied for in the country and to provide for better protection of trade mark for goods and services and also to
prevent fraudulent use of the mark. The main function of the Registry is to register trademarks which qualify
for registration under the Act and Rules.

Trademark law in India

Before 1940 there was no law on trademarks in India. A number of problems of infringement of registered
and unregistered trademark arose which were resolved under Section 54 of the Specific Relief Act, 1877 and
registration was adjudicated under the Indian Registration Act,1908. To overcome these difficulties, the
Indian Trademark law was enforced in 1940. After the enforcement of the trademark law, demand for
protection of trademarks increased as there was major growth in trade and commerce.

The Trademark law was replaced with the Trademark and Merchandise Act, 1958. It provides better
protection of trademark and prevents misuse or fraudulent use of marks on merchandise. The Act provides
registration of the trademark so that the owner of the trademark may get a legal right for its exclusive use.

This previous Act got replaced with the Trademark Act, 1999 by the government of India by complying it
with TRIPS (Trade-related aspects of intellectual property rights) obligation recommended by the World
Trade Organization. The aim of the Trademark Act is to grant protection to the users of trademark and direct
the conditions on the property and also provide legal remedies for the implementation of trademark rights.

The Trademark Act, 1999 gives the right to the police to arrest in cases of infringement of the trademark. The
Act gives a complete definition for the term infringement which is frequently used. In Trademark Act, it

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provides punishments and penalties for the offenders. It also increases the time duration of registration and
also registration of a non-traditional trademark.

Types of Trademark
Service mark
A service mark is any symbol name, sign, device or word which is intentionally used in trade to recognize and
differentiate the services of one provider from others. Service marks do not cover material goods but only the
allocation of services. Service marks are used in day to day services :

 Sponsorship
 Hotel services
 Entertainment services
 Speed reading instruction
 Management and investment
 Housing development services
A service mark is expected to play a critical role in promoting and selling a product or services. A product is
indicated by its service mark, and that product’s service mark is also known as a trademark.

Trade dress

Trade dress is a term that refers to features of the visual appearance of a product or design of a building or its
packaging that denote the source of the product to customers. It is a form of intellectual property. Trade dress
protection is implemented to protect consumers from packaging or appearance of products that framed to
imitate other products.

Essential of trade dress

 Anything that makes an overall look or overall dress and feel of brand in the market.
 The consumer believes that trade dress is the main indicator of differentiation of one brand or goods
from others.
 The requirement for the registration of trade dress is the same as the registration of the logo, mark. The
features in trade dress are size, colour, texture, graphics, design, shape, packaging, and many more.

Designation of trademark
Trademark is designated by:
 ™ (™ is used for an unregistered trademark.it is used to promote or brand goods).
 ℠ (used for an unregistered service mark.it is used to promote or brand services).
 R (letter R is surrounded by a circle and used for registered trademark).

Patents and Designs

A design patent is a form of legal protection of the unique visual qualities of a manufactured item. A design
patent may be granted if the product has a distinct configuration, distinct surface ornamentation or both. In
other words, a design patent provides protection for the ornamental design of something that has a practical
utility.

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A design patent in India is a patent granted on the ornate design of a functional item. Design patents are a type
of industrial design right. A design patent protects only the ornamental manifestation of an invention, not its
utilitarian features. A utility patent would protect the way an article is used and works. It can be very
confusing to distinguish the difference between a design patent and other types of property. According to
USPTO patent law, a design patent is granted to any person who has imaginary any new and no obvious
ornamental design for an article of manufacture. The design patent protects only the appearance of how an
article, but not its structural or functional features.

The design patent application process is the same as those relating to other patents with a few differences. If
your design patent application passes its examination, a observe of allowance will be sent to you or your agent
or attorney asking for you to pay an issue fee. An application for a design patent is too much simpler than that
for a utility patent. The specification is short and follows a predefined form. Only one claim is permitted, and
it also must follow a specific form. The drawings in a design patent are similar to those in a utility patent,
except that design patent drawings are created to show the ornamental features of the invention somewhat
than its utilitarian aspects.

Law relating to Copyright in India including Historical evolution of Copy Rights Act, 1957

The Copyright Act, 1957 provides an inclusive definition of literary work, according to which the literary
work includes computer programming, tablets, and compilations including computer database.

The Copyright Act 1957 (as amended by the Copyright Amendment Act 2012) governs the subject of
copyright law in India. The Act is applicable from 21 January 1958.The history of copyright law in India can
be traced back to its colonial era under the British Empire. The Copyright Act 1957 was the first post-
independence copyright legislation in India and the law has been amended six times since 1957.The most
recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012. India is a member of
most of the important international conventions governing the area of copyright law, including the Berne
Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951, the Rome
Convention of 1961 and the Agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPS).Initially, India was not a member of the WIPO Copyright Treaty (WCT) and the WIPO
Performances and Phonograms Treaty (WPPT) but subsequently entered the treaty in 2013.

The Indian copyright law protects literary works, dramatic works, musical works, artistic works,
cinematograph films and sound recordings.

Law relating to Patents under Patents Act, 1970

The Indian Patent and Design Act, 1911 repealed all previous acts. The Patents Act 1970, along with the
Patent Rules 1972, came into force on 20 April 1972, replacing the Indian Patent and Design Act 1911. The
Patent Act is basically based on the recommendations of the report Justice Ann. The Ayyangar Committee
headed by Rajagopala Iyengar. One of the recommendations was the allowance of process patents in relation
to inventions related to drugs, drugs, food and chemicals. Again The Patents Act, 1970 was amended by the
Patents (Amendment) Act, 2005 regarding extending product patents in all areas of technology including
food, medicine, chemicals and microorganisms. Following the amendment, provisions relating to exclusive
marketing rights (EMR) have been repealed, and a provision has been introduced to enable the grant of
compulsory licenses. Provisions related to pre-grant and anti-post protests have also been introduced.
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What can be patented?

Sections 3 and 4 of the Indian Patents Act, 1970 clearly mentioned the exclusions regarding what can be
patented in India. There are certain criteria which have to be fulfilled to obtain a patent in India. They are:

Patent subject:

The most important consideration is to determine whether the Invention relates to a patent subject matter.
Sections 3 and 4 of the Patents Act list non-patentable subject matter. Unless the Invention comes under any
provision of Section 3 or 4, it means that it consists of a subject for a patent.

Novelty:

Innovation is an important criterion in determining the patent potential of an invention. Under Section 2(l) of
the Patent Act, a novelty or new Invention is defined as “no invention or technology published in any
document before the date of filing of a patent application, anywhere in the country or the world”. The
complete specification, that is, the subject matter has not fallen into the public domain or is not part of state of
the art”.

Simply, the novelty requirement basically states that an invention that should never have been published in the
public domain. It must be the newest which have no same or similar prior arts.

Inventive steps or non-clarity:

Under Section 2(ja) of the Patents Act, an inventive step is defined as “the characteristic of an invention that
involves technological advancement or is of economic importance or both, as compared to existing
knowledge, and invention not obvious to a person skilled in the art.” This means that the invention should not
be obvious to a person skilled in the same field where the invention is concerned. It should not be inventive
and obvious for a person skilled in the same field.

Capable of industrial application:

Industrial applicability is defined in Section 2 (ac) of the Patents Act as “the invention is capable of being
made or used in an industry”. This basically means that the Invention cannot exist in the abstract. It must be
capable of being applied in any industry, which means that it must have practical utility in respect of patent.

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