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IPR stands for Intellectual Property Rights which refers to the rights of the creator (assignee) who have created something using his own intellect or mind. Such as inventing a new design, technology, symbols, or some literary or artistic work. It provides the creator various rights akin to property rights in respect of his creation for a period of time.
There are several types of IPR such as Copyrights, Patent, Trademark, Industrial Design, Geographical Indication, Trade Secrets, Semi-Conductor Integrated Circuits Layout Design, and Protection of New Plant Variety.
A patent is a monopoly granted to the inventors or their assignees for manufacturing, selling, or importing their inventions for a limited period of time. It is a quid pro quo transaction wherein the inventor/assignee discloses the invention to the general public and in return government grants a monopoly for a limited time (20 years in India).
Patent refers to the rights provided to the creator for an invention. A patent is granted for a new invention related to a product, system, or procedure. Further, it provides the Patentee, an exclusive right to prevent others from making, using, offering for sale, selling, or importing such a product or process without his permission. However, to claim a patent it is necessary to ensure that such an invention is novel and non-obvious.
The invention must be novel, have inventive step (must be non-obvious) and be capable of Industrial application. Further, there are several categories of inventions stipulated under Section 3 of the Patents Act which are statutorily barred from patenting. The invention must not fall under any of those criteria to be patentable.
As per Section 6 of The Patents Act, an application for a patent can be filed by any person claiming to be the true and first inventor of the invention, any person being the assignee of the person claiming to be the true first inventor or by the legal representative of any deceased person who immediately before his death was entitled to make such an application.
The first step is conducting a Patent Search in order to ascertain whether the invention is novel or not. Then the patentability report is formed which helps in identifying whether there is any closest possible prior art relating to the invention. It helps in forming an opinion regarding the patentability of the invention.
The Second Step is to file an application at the head office of the patent office or the branch office, within whose territorial limits the applicant normally resides, has a place of business, or the place where the invention actually originated. Along with the application, a provisional specification which gives initial information about the invention, or a complete specification which provides full details of the invention, has to be filed. However, in case of provisional specification, the complete specification has to be filed within 12 months from the date of the filing of such application otherwise, it would be deemed to be abandoned.
The Third Step is Publication and request for Examination, wherein the patent application is published after a duration of 18 months from filing of such application. However, if the applicant wants then he can request for early publication. Further, the applicant is required to request the patent office to examine the patent application and such a request is to be made within 48 months from the date of filing the application.
The fourth step is objection filing and responding to the objection as raised. Here, pre-grant objection can be raised which means objection can be raised in writing before the Controller against the grant of the Patent while on the other hand, post-grant objection can be raised before the period of 1 year after the grant of the Patent. The applicant by means of the First Examination Report responds to the objections as raised in writing.
The last step is the grant of the Patent where if the application fulfills all requirements, then the applicant will be granted with the Patent. Further, the Controller notifies such a grant in the patent journal.
To file an online application, the applicant first needs to obtain the Class II/III digital signature whereafter, the applicant can register himself by creating his user ID and password. Further, a digital signature can be obtained from the certifying authority as authorized by the Controller of Certifying Authorities of India.
However, filing a patent application is the most important step in obtaining a patent. There are several formal and substantive requirements that a patent application shall meet. Some deficiencies in compliance can be cured at a later stage. However, there are certain categories of deficiencies, that if not complied with properly at the filing stage, may not be curable later and may lead to either a rejection of the patent application or obtaining a patent that has less enforceability in the court of law and consequently has lesser commercial value. Therefore, it is always advisable to get a patent application drafted and filed by a well-trained patent professional. Since patent practice involves expertise in both technology and law, it is best if your patent professional has decent skill sets in both, the technology and the law.
PCT International Application refers to an application made under Patent Cooperation Treaty to WIPO (World Intellectual Property Organization). PCT facilitates patent application filing in foreign countries. By filing a PCT Application, the Applicant can designate countries in which he intends to file the patent application. Then within a certain period of time (generally within 30-31 months from the priority date), the Applicant can file a corresponding actual application in respective designated countries (which are called National Phase Applications).
As per Section 53 of The Patents Act, 1970, the term of every patent granted is 20 years from the date of filing of the application for the patent.
No. Since it is a territorial right, protection could be provided only within the territory of India. Although, it enables the applicant to file for a corresponding application in foreign jurisdictions for the same invention under Patent Cooperation Treaty or under Paris Convention before the expiry of 12 months from the date of filing the application in India.
A trademark is any mark capable of graphical representation such as words, signs, and symbols, which can distinguish the goods or services of one person from those of others. It helps in differentiating and providing a distinct identity to the goods and services from others. A trademark may include the shape of goods, their packaging, sound, and a combination of colors. By registering the trademark, a business entity can prevent others from using the same and thereby, providing protection to the brand & Goodwill.
Any name including personal or surname of the applicant or predecessor in business which is unique in nature, any invented or dictionary word which is not directly descriptive of the character or quality of the goods or service, letters or numerals, Logo or symbols, Tag Lines, Monograms, Combination of colors or even a single color in combination with a word or device, Shapes of goods or its Packaging, Marks or Sound Marks.
The first step is Trademark Search. A trademark search is performed to ascertain whether there are similar or identical marks already registered. This helps in analyzing whether the trademark is distinct from already existing ones and also provides some insight into the registrability of the mark being applied for.
The second step is to file an application for registration in the prescribed manner along with the application fees. The application includes information like the name and address of the applicant, trademark, class of trademark, trade description, etc.
The third step is Examination Process wherein the application is examined and the examination report is sent to the applicant stating whether the application is accepted or liable to be refused with reasons for the same. In case any objections are raised, the applicant has to file a reply to the examination report within 30 days. Hearings may be appointed for any outstanding objections.
Once the objections are overcome and the application is accepted, the fourth step is the advertisement of the application wherein it is published in the Trademark Journal. Within 4 months from the date of advertisement, any person may oppose the registration on certain grounds. In case of opposition, the notice of such opposition is given to the applicant in writing. The registrar then takes the evidence from both sides and conducts a hearing and based upon that decides whether the application should be accepted or refused.
The last step is registration, where if all the above procedure is duly fulfilled, then the trademark registration certificate is issued. Once registered, a trademark is valid for 10 years and can be renewed each time for 10 years till perpetuity.
By registration of the Trademark, the owner gets the exclusive right to the use of the trademark in relation to the goods or services and may also obtain relief such as seeking damages in case there is any infringement of the trademark in the manner as prescribed in law.
The registration of a trademark may be refused in case it is devoid of any distinctive character, is of such nature as to deceive the public or cause confusion, contains or comprises any matter likely to hurt the religious sentiments of any class, comprises or contains scandalous or obscene matter, if it consists exclusively of the shape of goods which results from the nature of the goods themselves or shape of goods which is necessary to obtain a technical result or when the shape which gives substantial value to the goods.
Trademark helps in protecting the image or goodwill associated with the goods and services. Further, it helps the consumers in distinguishing the goods and services of a business through its trademark, therefore, increasing the brand value of the business. Trademark also helps in the marketing and advertising of goods and services through their unique symbol, name, logo and etc. Moreover, trademark infringement proceedings can only be initiated by a registered trademark owner.
The duration for the trademark after its registration is 10 years. It may also be renewed by an application to the registrar for renewal within the prescribed period along with payment of the prescribed fee.
Industrial Design refers to the visual and aesthetic aspect of an industrially produced article which helps the owner of such design to prevent others from using the same design in an article. It may consist of three-dimensional features or two-dimensional features, such as shape, configuration, pattern, ornament, or composition of lines or colors applied to an article.
Design registration is protection granted for only the aesthetic appearance of any article. Such an article should be capable of being produced by an industrial process. Design registration is in the form of copyright protection for the artistic aesthetic element of the design. Any functional aspects of a design get no protection under design registration.
Any 2D or 3D design can be granted design registration. Examples of 2D designs capable of design registrations are designs on textiles (bedsheets, towels, table covers, etc.), handlooms, khadis, stickers, wall patterns, product packaging, etc. Examples of 3D designs capable of design registration are shapes of goods such as biscuits, toys, pastries, bottles, pillows, furniture, soaps, statues, automobiles and their parts, components and accessories, electronics, etc.
Any artistic design applied to an article that is capable of industrial production can be granted a design registration.
Copyright refers to the exclusive rights of creators over their original literary, dramatic, musical, and artistic works such as books, films, paintings, music, advertisement, etc. Copyright provides protection to such work so that it cannot be unauthorizedly used by others without the permission of the creator. In India, the Copyright Act, of 1957 governs the different aspects of Copyright.
Domain Name is a word or a combination of words that act as an address to identify the business or brand online or on the internet. It is the unique reference that represents a webpage that forms a part of the Uniform Resource Locator (URL).
Domain Name is a word or a combination of words which act as an address to identify the business or brand online or on the internet. It is the unique reference that represents a webpage which form a part of the Uniform Resource Locator (URL).
Domain names have become a very essential part of the business on the Internet. A Dispute may arise when there is infringing, conflicting and/or unauthorized use of a Domain Name on the part of an individual.
Domain Names can be registered and protected as Trademarks so long as the Domain Name meets the requirements of a Trademark under The Trade Marks Act, of 1999. In India, Domain Names are protected as trademarks by the organisation, Internet Corporation for Assigned Names and Numbers (ICANN)
In case of any abusive registrations or infringing use, an individual shall have the option to file a Domain Name Dispute complaint under the Uniform Domain Name Dispute Resolution Policy (at an international level) or under the .IN Domain Name Dispute Resolution Policy (at a national level).
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