Services Details

PATENT

A Patent is an exclusive right granted to a person who has invented a new and useful article or an improvement of an existing article or a new process of making an article. The exclusive right is to manufacture the new process of making an article invented or manufacture an article according to invented process for a limited period. During the term of the patent the owner of the patent, i.e. the patentee can prevent any other person from using the patented invention. After the expiry of the duration of the patent anybody can make use of the invention. The invention then becomes part of the public domain.

A patent gives you the right to exclude others from making your product.Patents are useful in preventing your competitors from exploiting your invention.You can force your competitors to design around your invention (if that is possible) which can cost them time and money.It gives the right to initiate legal action against anyone that is making or selling, without permission, the patent holder invention.It may put you in a stronger position with other companies who have Patents in which you are interested.You can make money by licensing or selling your invention to someone else.It gives you priority over third parties wanting to register their patents in countries that do not require registration.Customers are often impressed by 'Patented Technology' so patenting can have a positive role to play in your marketing strategy Patents are often a good 'keep off the grass' warning to other businesses. Many competitors are now more aware of Patents and the consequences of being found to be infringing a Patent

The person concerned can perform a preliminary search on Patent Office website in the Indian patent data base of granted patent or Patent Office journal published every week or by making search in the documents kept in the Patent Office Search and Reference Room, which contains Indian patents arranged according to international patent classification system as well in serial number. It is open to the general public from Monday to Friday, except Gazetted holidays. The public can also conduct search free of charge on the website of Patent Office. The person concerned can also make a request for such information under section 153 of the Act.

Art, Process, Method or Manner of manufacture.Machine, Apparatus or other Articles.Computer Software which has Technical application to Industry or is used with Hardware.Product Patent for Food / Chemical / Medicines or Drugs.Substances produced by manufacture and include any new and useful improvements of any of them and an alleged invention.Inventions claiming substances intended for use, or capable of being used, as food or as medicine or drug or relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi conductors and inter-metallic compounds) are now patentable under the patent ordinance 2004

The right to prohibit (see previous question) does not automatically include the right for the inventor to make, use, sell, import and/or offer the invention for sale. Anyone is free, however, to engage in such activities unless there is a law prohibiting it.

A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.

If your invention has market potential and you think that another company could make profits from your invention, you need protection from a patent. To enjoy exclusive rights over the invention. If the inventor does not obtain patent rights for his invention and introduces his product/process based on his invention in the market, any body can copy his invention and exploit it commercially. To debar others from using, selling, offering for sale or manufacturing the inventor must obtain a patent. The inventor can use it himself/herself, sell or license it to profit commercially.

In India, generally the term for patent is twenty years.

An explanation of the history of the invention, where you got the idea from, how you developed it, any early failures and possibly prototypes, with all your laboratory note books, etc., if possible. This will help the patent agent to explain the inventive step which is necessary for obtaining the patent. What you think is the most inventive element or most useful aspect, together with what other similar prior inventions you know of or have developed the idea from or improved upon. If you have developed an improved version of your competitor's products, admit it; be totally honest. It is vital to be such so that the patent agent can describe your invention properly while drafting the application and avoid excessive claims which might be struck down Drawings if any, which may illustrate the invention, should be attached

The decision of where to patent is a commercial decision based upon the importance of the patented invention, the potential scope of protection provided by the Claims of the Patent, and the likely costs involved in securing and maintaining patent protection in any given country. Patent protection is available in most countries so you have to decide where to file your applications. In India, Patent application can be filed at the Patent office of Delhi or Kolkata or Mumbai.

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

Every application for patent is published after 18 months from the date of its filing or priority date whichever is earlier. However, following applications are not published.

The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

Marking of a product with the words “patent pending” or “Patent applied for” after filing of the application for patent serve as a notice to the public that an application for patent is pending with the Patent Office but there is no legal significance of these words. The infringement action can be initiated only after the patent is granted.

Yes, It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as Receiving Office (RO) for International application.

There is a requirement that the invention be completely disclosed. Failure to disclose will invalidate the resulting patent. One cannot maintain information important to the patent as trade secret if the information was known as of the filing date.

Trademark

A trademark, or "mark," is any word, phrase, symbol, design, sound, smell, color, product configuration, group of letters or numbers, or combination of these, adopted and used by a company to identify its products or services, and distinguish them from products and services made, sold, or provided by others The primary purpose of marks is to prevent consumers from becoming confused about the source or origin of a product or service. Marks help consumers quewer the questions: "Who makes this product?" and, "Who provides this service?"

A COLLECTIVE MARK is a trademark or service mark used, or intended to be used by the members of an association, or other collective group or organization, including a mark which indicates membership in an association, or other organization

A service mark is another type of mark. Service marks indicate the source or origin of services (as opposed to goods). For all practical purposes, trademarks and service marks are subject to the same rules of validity, use, protection, and infringement.

It identifies the goods / or services and its origin. It guarantees its unchanged quality. It advertises the goods/services. It creates an image for the goods/ services.

Regd. Proprietor: The Regd.Proprietor of a trade mark can stop other traders from unlawfully using his trade mark. Sue for damages and secure destruction of infringing goods and or labels. The Government: The Trade Marks Registry is expected to earn revenue of nearly Rs.40 crores during the current year and which is perpetually on the rise.

Product trademarks: are those that are affixed to identify goods Service trademarks: are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services. Certification trademarks: are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific features Collective trademarks: are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim. However, you may use the registration symbol "®" only after the Trademark Registry actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the trademark registration.

Trademark Act, 1999 have some distinguished features then Trade and Merchandisers Marks Act, 1958. According to Trademark Act, 1999 duration of registration has been extended to 10 years which was initially 7 years. Now registration procedure is much simpler and it includes registration of service marks and collective marks also.

Search before you register a trademark. If you would like to register a trademark that is similar or identical to one that is already registered, your mark may infringe on the prior one. The owner of the prior trademark could demand the cancellation of your trademark and may ask for financial compensation. SO its advisable that to do the Search to ascertain whether particular trademark or identical trademark has been filed by someone else or not. Select your goods and service classes carefully. A trademark is always protected only for certain classes of goods and services. When you register, you must indicate the goods and services for which you would like to register and use your trademark. If you don’t use your trademark for the products (or services) you claimed within five years of registration, you can lose your trademark protection. Consult a trademark attorney. We would be glad to quewer your questions about the registration procedure, & we would like to represent your trademark in registry on behalf of you.

Trademark Attorney could be a person, who can act in trademark matters, or a firm who can provide legal and expertise advice on trademark. In many countries trademark attorneys are separate legal professionals, working as lawyers. We as a trademark attorney closely monitor the procedure and also provide guidance, advice in trademark filing & registration; we carry out search & handle oppositions, on the behalf of you. We believe that Trademark is not only valuable asset of the company but also goodwill of company. It should be protected under law so it needs an expert's advice, which should be accurate and appropriate.

If it is a word it should be easy to speak, spell and remember. The best trade marks are invented words or coined words. Avoid selection of a geographical name. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc) It is advisable to conduct a market survey and a search at Trademark office to ascertain if same/similar mark is used in market.

Design

Design meque only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or meque, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or any thing which is in substance a mere mechanical device, and does not include any trade mark. The outward appearance of a product or part of it, resulting from the lines, contours, colors, shape, texture, materials and/or its ornamentation.

The design or shape of a product can be synonymous with the branding and image of a company and can become an asset with monetary value that could increase. If you do not apply for protection others may benefit from your investments.

Object of the Designs Act to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or meque. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

A design to be registrable must be new or original. Original meque originating from the author of the design. New applications of old designs are registrable. Designs which are not new or original or disclosed to the public anywhere in India or in any other country or not significantly distinguishable from known designs or combinations of known designs or comprising scandalous or obscene matter are not registrable. This Indian legal position is more on the lines excluding non-registrable designs by identifying the categories of designs not registrable rather than positively reciting what are registrable designs.

If anyone contravenes the copyright in a design he is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. The registered proprietor may bring a suit for the recovery of the damages for any such contravention and for injunction against repetition of the same. Total sum recoverable shall not exceed Rs. 50,000/-as contract debt as stated in Section 22(2)(a). The suit for infringement, recovery of damage etc should not be filed in any court below the court of District Judge.

First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.

Once a design is registered, it gives the legal right to bring an action against those persons (natural/legal entity) who infringe the design right, in the Court not lower than District Court in order to stop such exploitation and to claim any damage to which the registered proprietor is legally entitled. However, it may please be noted that if the design is not registered under the Designs Act, 2000 there will be no legal right to take any action against the infringer under the provisions of the Designs Act, 2000. The Patent Office does not become involved with any issue relating to enforcement of right accured by registration; similarly The Patent Office does not involve itself with any issue relating to exploitation or commercialization of the registered design.

A patent covers the function, operation or construction of a new creation. To be patentable, a function must be innovative, have an industrial application and be described in such a fashion that a man of the art is capable of reproducing the process. A design covers the appearance only of a product. A design cannot protect the function of a product. If protecting a product with both a patent and a design registration (i.e. a new product can perfectly include both new functions and a new appearance), the timing of the applications will be crucial, as it must be ensured that the publishing of one or other of the rights does not destroy the novelty of the other application.

The Register of Designs is a document maintained by The Patent Office, Kolkata, as a statutory requirement. It contains the design number, class number, date of filing (in this country) and reciprocity date (if any), name and address of Proprietor and such other matters as would affect the validity of proprietorship of the design.

When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant. However, a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.

Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the meanwhile.

Yes, it is possible to trquefer the right through assignment, agreement, trquemission with terms and condition in writing or by operation of law. However, certain restrictive conditions not being the subject matter of protection relating to registration of design should not be included in the terms and condition of the contract/agreement etc. An application in form-l0, with a fee of Rs. 500/- in respect of one design and Rs. 200/- for each additional design, for registration of the trquefer documents is required to be made by the beneficiary to the Controller within six months from the date of execution of the instruments or within further period not exceeding six months in aggregate. An original/notarized copy of the instrument to be registered in the register of design is required to be enclosed with the application.

The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in Form 8 with prescribed fee to the Controller of Designs on the following grounds: That the design has been previously registered in India or That it has been published in India or elsewhere prior to date of registration or The design is not new or original or Design is not registrable or It is not a design under Clause (d) of Section 2.

Get Reply within Few Mins.

© 2018 IPR LAW PROTECTORS . All Rights Reserved POWERED BY by RG-VP WEB SOLUTIONS