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FAQs2019-07-25T08:36:31+01:00
Is computer software or computer programme patentable or protected by copyrightable?2019-07-23T08:23:28+01:00

Computer software or programme is protected as literary works under the Copyright law of India. Source Code of the computer software has to be provided along with the application. However, the functionality of the computer software may be protected under patents.

What is the term of copyright protection in India?2019-07-23T08:18:07+01:00

The term of the Copyright protection is different for different kinds of work. Literary or musical or artistic work is the life of the creator plus 60 years from the beginning of the calendar year, following the year in which the author dies. For broadcasts, it is 25 years from the date of broadcast.

What is the term of copyright protection in India?2019-07-23T08:17:41+01:00

The term of the Copyright protection is different for different kinds of work. Literary or musical or artistic work is the life of the creator plus 60 years from the beginning of the calendar year, following the year in which the author dies. For broadcasts, it is 25 years from the date of broadcast.

Where can a Copyright application be filed?2019-07-23T08:17:11+01:00

An application for Copyright registration can be filed in New Delhi, India. It can also be filed online. For more information, please check http://copyright.gov.in/UserRegistration/frmLoginPage.aspx

Is it mandatory to file an application for registration of a Copyrighted work?2019-07-23T08:16:37+01:00

No, given that India is a member of Berne Convention, rights are automatically vested with the creator/author as soon as work is created. However, it is recommended to obtain registration of a copyrightable work.

What is protected under Copyright in India?2019-07-23T08:16:04+01:00

The Copyright protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. It protects expression of ideas and not ideas by themselves.

Is my registration in India valid in other countries?2019-07-23T08:14:25+01:00

Design is a territorial right and registration needs to be sought in every country where an applicant wishes to protect the design.

How to apply for design registration in India?2019-07-23T08:13:53+01:00

The application for design can be made by the applicant himself or through a Patent Agent in the prescribed format at one of the four patent offices in India, in New Delhi, Mumbai, Chennai and Kolkata. The applications for design registration can also be made online. Clear representations of industrial design seeking protection are required for registration.

What is the duration of design protection in India?2019-07-23T08:13:11+01:00

The duration of design registration in India is initially 10 years from the date of registration. However, the term of protection can be extended by 5 years on applicant’s request to the Controller and on payment of appropriate fees, before the expiry of initial period of Copyright.

The design holder may also make an application for extension as soon as the design in registered.

Is there any condition to registration of designs in India?2019-07-23T08:12:22+01:00

Besides the conditions in question 3 above, As per The Indian Designs Act, 2000, a design will be registered only if it is not published before the date of filing of the design in India or any other country. Essentially, the design should not be publically available before the filing of an application.

Are all designs eligible for registration in India?2019-07-23T08:11:45+01:00

No. For registration, the industrial design should:
be new or original
relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article
be applied or applicable to any article made by any industrial process
appeal to/judged solely by the eye and
not include any Trade Mark or property mark or artistic works as define under the Copyright Act, 1957

Further, any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be a registrable design.

What does the term design mean under Designs Act, 2000?2019-07-23T08:10:07+01:00

As per Section 2(d) of The Indian Designs Act, 2000, “design” means a shape, configuration, pattern, ornament or composition of lines or colours applied to an article, whether in two or three dimensional, or both forms by any industrial process or means, whether manual, mechanical or chemical, separate or combined.

Does India grants ‘Design Patents’?2019-07-23T08:09:34+01:00

In India, industrial designs are protected under a separate law, The Designs Act, 2000, wherein articles having originality or new design with aesthetic appeal are protected for a limited time.

What would be a good trademark?2019-07-23T08:08:43+01:00

A good trademark should:
Be easy to speak, spell and remember
Be invented words or coined words or unique geometrical designs
Be distinctive
Not be descriptive or deceptively similar
Not be laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)

When and how I can use ®, SM and TM?2019-07-23T08:07:47+01:00

TM is used for unregistered trademark. The use of TM indicates that the mark is not registered in India and the user only claims to be a proprietor of the trademark. ® indicates a registered trademark. The use of ® indicates that the mark has been registered in India and it is illegal to use this mark to any other product or service. SM indicates service mark.

Is TM different from SM?2019-07-23T08:07:10+01:00

Yes. Trademark is a mark used for the identification of the source or origin of the goods or products. On the other hand, service mark is like trademark only, but it identifies the source of services instead of goods. For example, McDonald’s is a registered service mark but BigMac for burgers is a trademark.

Is my registration in India valid in other countries?2019-07-23T08:06:16+01:00

No. Like other IPRs, trademark is also a territorial right.

What is the duration of protection?2019-07-23T08:02:41+01:00

The term of trademark registration is 10 years from the date of filing of the application, renewable every 10 years. However, it has to be maintained by the payment of the annuity due every 10 years.

How long does it take for a Trademark to be registered in India?2019-07-23T08:01:30+01:00

It may take from 2 years to several years depending on the legal issues that arise during prosecution of the application.

What are different types of Trademarks that can be registered in India?2019-07-23T07:27:13+01:00

The different types of trademarks that can be registered in India are as follows:
Any name (including personal or surname of the applicant)
Any arbitrary or invented word, not being directly descriptive of the character or quality of the goods/service. For example, Kodak
Letters or numerals or any combination thereof
Slogans
Signature
Logos
Monograms
Combination of colors or even a single color in combination with a word or device
Shape of goods or their packaging
3- dimensional mark
Sound marks
Smell marks

Is trademark registration mandatory?2019-07-23T07:25:44+01:00

No, trademark registration is not mandatory in India. But it is recommended to get trademark registration, as the registration offers several advantages like:
Notice to the public about proprietor’s claim of ownership
Exclusive right to use the mark nationwide with respect to the goods or services sought in the registration
Advertises goods and services of the proprietor
Remedies available in case of infringement

Unregistered trademarks are vested with rights of passing-off under “common law” rights. Passing-off rights accrue by simply using a trademark in the trade. However, it is difficult and expensive to prove ownership in case of passing-off and the scope of the rights is usually not very clear.

Therefore, it is always advised to get a trademark registration.

Can I file patent applications online in India?2019-07-23T07:23:51+01:00

Yes, the Indian Patent Office provides the facility to file patent applications online. In fact, the Government fees for online filing are lesser than paper filing (paper filing costs 10% more). For more information, please check

https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin

Where can I file patent in India?2019-07-23T07:21:55+01:00

There are four filing offices in India – New Delhi, Kolkata, Mumbai and Chennai. Each has a separate territorial jurisdiction. New Delhi has jurisdiction over North India; Mumbai over West India, Chennai has jurisdiction over South India and Kolkata over rest of India. For more detailed information, please check http://ipindia.nic.in/ipr/patent/patjurid.htm.

Where you file your patent application depends on:
Your residence or domicile,
Your place of business, and
Where the invention actually originated.

For foreign applicants without a place of business or address in India, the jurisdiction is decided by the address or place of business of his patent agent.

Can I file my own patent?2019-07-23T07:19:17+01:00

Yes. A patent can be filed by the true and first inventor or his assignee, either alone or jointly.You can also authorize a patent agent to file and prosecute the patent on your behalf.

However, it is highly recommended, (though, not mandatory) to consult a professional representative authorized by a Patent Office, namely, a patent agent. A patent agent has specialized qualifications necessary for preparing all the necessary documents, representing clients in all matters and procedures relating to patent law in a country.

What is the term of protection of Indian patents?2019-07-23T07:18:00+01:00

The term of the patent is 20 years from the date of filing of the patent application. However, the term of the patent is subject to the annual payment of the renewal fees. If the patentee does not pay the renewal fees or annuity, the patent shall not remain in force and become available to public.

Can all inventions be patented?2019-07-23T07:17:26+01:00

Not all inventions are patentable. For an invention to be patentable, it should:
be novel
have an inventive step or must not be obvious to a person skilled in the art
be industrially applicable
Some other conditions also apply according to the law of each country.

How to determine novelty in an invention?2019-07-23T07:16:18+01:00

For an invention to be novel, it should not be published or used in the country of invention or anywhere in the world before the date of filing.

Are patents global in nature?2019-07-23T07:15:10+01:00

No. Patent rights are territorial in nature. This means that the patent granted in one country cannot be enforced in other country. For example, patent granted in India cannot be enforced in USA. Applicant has to file separate patent applications in each of the countries of their interest. Each country will process the application as per their laws and is free to refuse or grant the patent. There’s no global patent or worldwide patent.

What is a patent?2019-07-23T07:14:32+01:00

A patent is an exclusive statutory right granted by a Government to an inventor for a limited period of time in exchange of full disclosure of the invention to the public. The patent is a monopoly right granted to the patentee to exclude others from making, using, selling and/or importing the patented invention, without his consent.

What are Intellectual Property rights?2019-07-23T07:13:30+01:00

Intellectual Property Rights (IPR) are rights provided by law for the protection of a person’s intellectual property for a certain time period. In India, Intellectual Property Rights are granted for patents, trademarks, designs, copyrights, geographical indications, etc. Patents protect inventions; Designs protect designs; Trademarks protects names and logos used in trade and commerce; while Copyright protects literary or artistic creations.

What is Intellectual Property?2019-07-23T07:00:32+01:00

Intellectual property (IP) is a property created by a person’s intellect or intelligence, for example, inventions; designs; names and logos used in trade and commerce; and literary or artistic creations.