Frequently asked questions
Entering PCT Patent National Phase in India
The PCT National Phase Patent application in India consists of a set of forms along with a copy of Complete Specification including the description, claims, drawings and abstract. A POA from the inventor accompanies the application. One can enter National Phase in India within 31 months in case of a PCT application. These documents need to be in ENGLISH.
Patent prosecution in India
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new technical way of doing something, or offers a new technical solution to a problem. A Patent is a legal monopoly, which is granted for a limited time to the owner of an invention.
Trademark registration in India
A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or “marks” on their artistic or utilitarian products. Over the years these marks evolved into today’s system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs.
International Trademark Refusal prosecution in India
An international trademark filed under Madrid Protocol is often refused by the Indian Trademarks office if it is in conflict with an already used/registered mark or it is deceptively similar to or is identical to any of the registered trade marks or it is likely to serve to designate the kind, quality, quantity, intended purpose, geographical origin, value of the goods/services it is applied on. Before handling and prosecuting such cases, we study the refusal order of the Indian registry and advice the client of the possibility of successfully prosecuting such mark in India.
Design registration in India
Design means only the features of shape, configuration, pattern or ornament or composition of lines or color or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, 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 of construction.
Copyright registration in India
Copyright are legal concepts and instruments which, while respecting and protecting the rights of creators in their works, also contribute to the cultural and economic development of nations. Copyright law fulfills a decisive role in articulating the contributions and rights of the different stakeholders taking part in the cultural industries and the relation between them and the public.
Contracts/agreements are the basic operating systems of any business, and a properly drafted agreement play a fundamantal and important part to efficiently run a commercial relationship. In improperly drafted agreement have always formed an integral/fundamental part of commercial litigations. All business relationships require perfect contracts, tailormade for that specific situation, the language of which is clear enough to be easily understood by a person of ordinary prudenceand at the same time detailed enough so that it cannot be wilfully misinterpreted. A good agreement requires a lot of time, intelligence and foresight to be drafted so as to incorporate all the essence of the relationship which the parties intend in order to meet the end object of such agreement, with sufficient precautions built in as to minimize legal and business risk resulting from the inconsistent language. Time and effort spent during drafting of contract/agreement stage can save significant expenses if the relationship sours in future.
Our team is aware of issues that crop up during commercial relationships, and therefore put in all of our expeirence by investing a lot of time, intelligence and foresight during the drafting stage to ensure that our client’s business interests are well protected during the operation of that agreement as well as in its voilation.