What Kind Of Trade Mark Gives You Best Protection?

Trademark A Trademark in relation to goods or services means a mark, design, or expression which represents a product or service of a source from the ones of other sources and is legally registered under The Trade Marks Act, 1999. Kinds of Trademarks Coined Marks: These are the marks that are made innovatively by mixing words together. These marks do not have any meaning; they only serve as the marks that are registered for the product or service. In the beginning it is tough for the public to remember such names but as the days pass by this kind of... Read More

International Patent Application Vs Direct Overseas Patent Filings

The patent filing services across the globe follow similar stipulations for filing of international patent applications. A patent applicant has the following three options for filing an international patent application: Filing the first patent application in a Paris Convention country (member state of Paris convention) and then file separate applications in other Paris convention countries within 12 months from the filing date of the first application. Using the PCT filing procedure i.e., The Patent Cooperation Treaty (PCT) which is an international agreement that provides a unified and simplified procedure for filing multiple foreign patent applications via a single initial application.... Read More

Patent Prosecution in India – Restoration of Lapsed Patent

Patent is an important, but an expensive way to protect our invention, product and/or process according to its originality, practicality and utility. However, the end financial gain from a patented invention is quite high, if the invention is of good commercial value. Term of a patent is 20 years that starts with earliest filing date of a patent application (i.e. from the filing date of a provisional application or the filing date of a complete application in case the provisional application is not filed). To maintain a patent, a maintenance fee or a patent renewal fee needs to be paid... Read More

Patent Filing in India – Publication of Patent Application

According to the Patents Act, 1970, a patent application is not open to public before expiry of 18 months from the date of filing and/or date of priority (whichever is earlier) of the application. The Patent Office publishes the patent application in the Official e-Journal ordinarily within one month from the date of expiry of 18 months from the date of filing or priority (whichever is earlier), except under some specific conditions where: a secrecy direction is in force application is abandoned under subsection (1) of section 9 (complete specification is not filed within twelve months from the date of... Read More

Trademark Registration in India

Trade Mark means (1) a mark capable of being represented graphically and (2) which is capable of distinguishing the goods or services of one person from those of others (that is, it must be distinctive). It may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, logos, colours, slogans, three-dimensional shapes and even sounds. Advantages of Trademark and Registration Identifies the goods/services in respect of origin or owner. Advertises the goods/services through association and encourages future purchase. Assurance of quality of goods and services. Protection of hard earned goodwill and public trust. Exclusive right... Read More

Foreign Filing License Requirement

At various instances, an applicant or an inventor may require to file a patent application directly in a foreign country other than country of residence. There could be diverse reasons pertaining first filing in a foreign country, such as, non-patentable subject matter in country of residence, low market potential in country of residence, etc. In such instances, many countries impose requirement of obtaining a Foreign Filing License (FFL) from an appropriate authority. FFL is a permission obtained from appropriate authority of country of residence of an applicant to file patent application directly in a foreign country without filing in country... Read More

Guide to Patent Filing in India

Guide to Patent Filing in India The Indian Patent system is being governed as per the Patents Act, 1970. The Patent Office comes under the purview of  Department of Industrial Promotion & Policy (DIPP) which is under Ministry of Commerce & Industry. Membership in International Treaties India is signatory to the following governing international covenants relating to patents: TRIPS Agreement which comes under the World Trade Organization Convention establishing the World Intellectual Property Organization (WIPO) The Paris Convention for the Protection of Industrial Property with effect from December 7, 1998. Patent Cooperation Treaty (PCT) with effect from December 7, 1998.... Read More

Patent Prosecution in India- Post-grant Opposition

According to section 25(2), at any time after grant of a patent, but before the expiry of a period of one year from the date of publication of grant of a patent, any person interested may give a notice of opposition to the Controller in a prescribed manner on any of the grounds mentioned under sub-section 2 of section 25 of the patents act, 1970. An interested person (Opponent) may be a company or an organization or an individual whose manufacturing and/or trading interest in the goods is connected with the patented product or who is financially affected in manufacturing... Read More

Patent Prosecution in India: First Examination Report

According to Section 12 of the Patents Act, 1970, when a request for examination has been made in respect of an application for a patent in the prescribed manner under section 11B, the application and specification with other documents related thereto shall be referred at the earliest by the Controller to an examiner for making a report, wherein the examiner makes a report after carrying out detailed Patent Prosecution in India with respect to following matters:   a) whether the application and the specification with other documents relating thereto are in accordance with the requirements of the Patents Act, 1970... Read More

PCT Filing Procedure in India

The Patent Cooperation Treaty (PCT) is an international treaty that assists to simplify the process of seeking patent protection in several countries. PCT has been administered by WIPO (World Intellectual Property Organization), an international organization serving as a global forum to promote the protection of intellectual property throughout the world. As on 29 June 2017, the WIPO recorded a count of 152 contracting states to the PCT, with the recent accessions of Jordan (March 9, 2017), Cambodia (September 8, 2016), Djibouti (June 23, 2016), and Kuwait (June 9, 2016). Prosecuting the priority patent application (applied in home country) in multiple... Read More