Frequently Asked Questions

PATENTS

 

What is Patent ?

A patent is a right given to a person for an invention for a limited term.

 

Who may apply for Patent ?

A Patent application may be filed by first inventor or his assignee, either alone or jointly with any other person. The right to file application for Patent may be assigned by the inventor.

 

What is the procedure to apply for Patent ?

Any person can draft an application and file it. The application must be accompanied by a provisional or a complete specification. It can be filed at any intellectual offices (Delhi, Mumbai, Chennai, Kolkata, and Nagpur) depending upon the jurisdiction of the Applicant. It can also be filled online via E-filing.

 

For what term is a patent granted ?

The patent is granted for 20 years.

 

What are various types of patents ?

Types of patents are :

        ·         Ordinary Application

        ·         Convention Application

        ·         PCT Application

        ·         Divisional Application, which can result from division of a Patent Application

                Patent of Addition, which may be filed subsequent to the filing of an Application for Patent, for an improvement or modification

 

What cannot be patented ?

The laws of nature, physical phenomena, and abstract ideas are not patentable subject matter. A new mineral discovered in the earth or a new plant found in the wild is not patentable subject matter.

 

Does Patent in India give Global protection ?

No, it is a territorial right. Hence patent granted in India is valid only within the territory of India. However the applicant can file a corresponding application for same invention in different countries, within or before expiry of twelve months from the filing date in India.

 

How can a patent be revoked ?

A patent can be revoked on petition of any person interested or of the Central Government, or on a counter claim in a suit for infringement of the patent by the High Court.

 

What is procedure of opposition to the application of patent ?

Under pre-grant opposition, any person can represent for opposition, in writing, to the Indian Patent Office, against the grant of a patent after the application for a patent has been published, but a patent has not been granted. With regards to opposition after the grant, or post-grant opposition, at any time after the grant of patent but before the expiry of period of one year (12 months) from the date of publication of grant of patent, any person interested may give notice of opposition to the Patent office.

 

TRADEMARK

 

What is a Trademark ?

It is a word, numeral, or graphical representation or the combination of either of them which distinguishes goods and services of one person from another. It may be a word, logo or device. Examples Godrej, McDonalds

 

What is the term of registration of a Trademark ?

Once trademark is registered, it is valid for 10 years and can be renewed thereafter.

 

How to register a Trademark ?

The steps for Trademark registration are as follows

         ·         Trademark application filling

         ·         Insurance of examination report by registry

         ·         Reply to examination report

         ·         Advertisement

         ·         Opposition

         .         Grant of certificate

 

Where to file a trademark application ?

Trademark can be filed at any of the 5 intellectual property offices in India (Delhi, Mumbai, Ahmedabad, Chennai, and Kolkata) depending on jurisdiction of the business of applicant.

 

As a foreign investor can I register my trademark in India ?

Yes, foreign investors can register trademark in India. Indian Trademark Law TRIPS provides protection to them.

 

Is sound or smell registerable as mark ?

Yes, they can be registered under the Indian Trademark Law.

 

DESIGN

 

What is a Design ?

Design means shape, configuration, pattern or ornament or composition of lines or color or combination thereof applied to any article, and is eye appealing.

 

Where to file a design application ?

Design application can be filed at Calcutta, Delhi, Mumbai, and Chennai

 

What is the consequence of non-registration ?

There is no protection for designs that are not registered; anyone in public can copy and make the product. There is no right in the design of a product which is not registered.

 

What is the duration of the registration of a design ? Can it be extended ?

The duration of the registration of a design is 10 years from the date of registration, which can be extended by 5 years.

 

What remedies do I have if my design is copied ?

Piracy of a design is nothing but copying of a design for a product by third parties without the permission of the right holder.

 

What is the penalty for the piracy of a registered Design ?

If anyone is found to violate a registered design or copy it, the registered proprietor can file a civil suit and seek injunction against the infringer.

 

How do I know that my design is not already registered ?

Yes, registered designs are open for public inspection only after publication in the official gazette, on payment of prescribed fee of Rs. 500/- on a request in Form-5.

 

Do I need to disclose any formula while applying for design registration ?

No formula is disclosed while filing a design. Only the external shape of a product is required.

 

COPYRIGHT

 

What is Copyright ?

Copyright subsists all literary, artistic works. It is owned by creator of dramatics, musical and artistic works and producers of cinematograph films and sound recordings.

 

Which work is registered under the Copyright Act ?

All original published and unpublished literary, dramatic, artistic, musical work, sound recording and cinematographic works are registrable.

 

Where I can file application for registration ?

The Copyright Office has been set up in New Delhi. The applications are accepted by post and On-line too through “E-filing facility.

 

How can I get Copyright registration for my website ?

A website contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works.

 

Who can file a Copyright Application ?

Any individual who is the author or owner, or his/ her assignee or legal heir can file an application for the registration of copyright of a work.

 

What is the term of Copyright protection in India ?

         · The duration of copyright work varies depending upon the type of work. The terms are as follows :

         · Literary or musical works/ artistic works lasts life span.

        · Cinematograph films, photographs and computer programs are protected for 60 years, where work is made available to public after the consent of owner of published work.

         . Sound recordings are protected for 60 years from the end of year in which first recording is published.

 

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