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Gain an overview of a technology sector

This service is provided for addressing various queries raised in area of Patents,

Trademarks, Copyrights, Designs and other forms of Intellectual Property Rights.

To avail this service please Login if already registered or Register if not a member.

Design is defined as, ‘the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article 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 or anything which is in substance a mere mechanical device and does not include any trademark or property mark or artistic work’ . [Designs Act, 2000]

 In the context of Industrial design protection relates to the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, ornamentation of any article made by industrial, industrial commodity or handicraft.

1.Industrial design registration in India

• Takes about 6 ~ 10 months. 

• Follows ‘First-to-file’ rule. 

• File Industrial Design Application at any branches of the office of the Controller General of Patents, Designs, Trademarks, and Geographical Indications Office.

• Separate applications needed for individual designs.

• Cost according to prescribed fees as per Indian Patent Office.

For more information www.ipindia.nic.in

Essential requirements for the registration of ‘industrial design’ under the Designs Act, 2000

• Design should be new or original, not previously published or used in any country before the date of application for registration.

• Design should relate to features of shape, configuration, pattern or ornamentation, composition of lines or colours applied to an article. 

• Design should be applied to any article by any industrial process or means whether manual, mechanical, chemical, separate or combined. 

• Design should not be linked to any functional aspect of the article.

 

Patent is a monopoly right granted by the State to an inventor for a limited period, in respect of the invention, to the exclusion of all others. In turn, it is obligatory for the inventor to disclose complete details of the invention to ensure that it can be worked on a commercial scale. 

Once the term of patent expires, the invention comes into the public domain. In India, all patents are granted for period of 20 years. 

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.

 

The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published. Disclosure of invention by publication before filing of the patent application may be detrimental to novelty of the invention as it may no longer be considered novel due to such publication.  However, under certain conditions, there is grace period of 12 months for filing application even after publication.

Patent Examination

After examination, the Patent office issues an examination report to the applicant which is generally known as First Examination Report (FER). Thereafter the applicant is required to comply with the requirements within a period of twelve months from the date of FER.  In case, the application is found to be in order for grant, the patent is granted, provided there is no pre-grant opposition is filed or pending.  A letter patent is issued to the applicant.  However, in case a pre-grant opposition is pending, the further action is taken after disposition of the pre-grant opposition.

If the applicant is not able to comply with or meet the requirement within 12 months, or does not submit the documents which were sent to him for compliance within the said period, the application is deemed to have been abandoned. 

If applicant has not complied with the requirements within the prescribed time, and no request for hearing has been made by the applicant, the controller may not provide the opportunity of being heard. However the Controller shall provide an opportunity of being heard to the applicant before refusing his application if a request for such hearing has been made by the applicant at least 10 days in advance before expiry of the statutory period.

Stages involved in grant of Patent

After filing the application for the grant of patent, a request for examination is required to be made by the applicant or by third party and thereafter it is taken up for examination by the Patent office. Usually, the First Examination Report is issued and the applicant is given an opportunity to correct the deficiencies in order to meet the objections raised in the said report. The applicant must comply with the requirements within the prescribed time otherwise his application would be treated as deemed to have been abandoned.  When all the requirements are met, the patent is granted and notified in the Patent office Journal. However before the grant of patent and after the publication of application, any person can make a representation for pre-grant opposition.

Use of words like “Patent pending”

Marking of a product with the words “patent pending” or “Patent applied for” after filing of the application for patent serve as a notice to the public that an application for patent is pending with the Patent Office but there is no legal significance of these words. The infringement action can be initiated only after the patent is granted.

Term of patent

Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.  However, in case of applications filed under PCT the term of 20 years begins from International filing date.

Filing Application

The patent application has to be filed by

the inventor(s), or

an assignee of the inventor(s), or

legal representative of any deceased person who was entitled to make such an application before his death, or

a patent attorney on behalf of the inventor(s) to the appropriate Patent Office, which is in his territorial jurisdiction.

There are four regional offices authorized to accept the patent applications, and these are located in New Delhi, Chennai, Mumbai, and Calcutta. The addresses and their territorial jurisdiction, etc can be found in the Indian Patent office website. The patent application in the prescribed Performa, accompanied by the requisite fees has to be filed along with the provisional and, if possible, complete specifications.

Filing of complete specification

A complete specification comprises of

the title of the invention indicating its technical field,

prior art,

draw backs in the prior art,

the solution provided by the inventor to obviate the drawbacks of the prior art,

a concise but sufficient description of the invention and its usefulness,

drawings (if any) and

details of best method of its working.

The complete specification must contain at least one claim or statement of claims defining the scope of the invention for which protection is sought for.

If the complete specification has not been filed at the time of first filing, (which is usually the case), the complete specification must be filed within 12 months from the date of filing the provisional specification.

Filing of the complete specification may be extended by further 3 or 6 months upon making a request by postdating the filing date of provisional application and filling in the prescribed form  along with the prescribed fees.

Laboratory Notebook

This is another ground where a patent application may be rejected in some countries like US, Australia, Canada, etc. In the USA, the patent law specifies that the rights to a patent belong to the person who was first to invent the product or the process and not to the person who first filed the application. But for this to be established the inventor is required to maintain a Laboratory Notebook to establish the priority of his claims. However, there are many procedural requirements for maintaining a Laboratory Notebook such as

The laboratory manual/notebook must be hardbound so that it cannot be tampered with and the pages numbered.

It must have a title page showing when it was issued.

Every laboratory notebook should be numbered. This is to be followed by a "preface" recording relevant details of the inventor such as his

Name

Department

Project commencement date

Co-workers

Record of previous notebooks where progress was recorded, etc

Every page has to be dated and the entries signed by the inventor,with each page countersigned by an independent witness.

Amendment Of Application And Specifications

An applicant has the option to amend the complete specification of his patent at various stages. Only amendments which are either by way of a disclaimer, correction or explanation are allowed. Therefore, the amendment should not claim or describe matter not in substance disclosed in the original specification. Also, the amended claims should fall wholly within the scope of a claim in the specification as it stood before the amendment. Thus, no new matter can be incorporated or claimed which will have the effect of broadening the scope of the invention or even changing the meaning of the invention as originally filed.

An application has to be made to the controller to introduce any amendment. Such amendments on application can be made during the examination of the patent application, as part of opposition, revocation or even infringement proceedings.

When any amendment of the specification is allowed by the controller or by the High Court after the advertisement of the accepted complete specification, the amendments become a part of the complete specification. This must again be advertised in the official gazette in public interest as it would enable anyone in the public to raise objection to the allowed amendments.

The records of the Indian patent office show this activity to be prevalent during various stages of the patenting process.

Restoration of lapsed patents and surrendering patents which are granted and sealed are to be kept in force by payment of the annual renewal fees within the prescribed time. A patent is declared lapsed if the renewal fee is not paid on time or at least within the extended period. The period for renewal of fees can be extended by a maximum of six months by making a request to the controller along with the appropriate extension fee before the completion of this period.

The fundamental principle of copyright law is that a copyright exists only in the expression of idea and not in the idea itself. The owner can only prevent the copying of the manner in which the work is expressed and not the theme behind the work.

Copyright law provides exclusive and monopoly legitimate right to the creator/author/owner of the work for a limited period as provided under the law. The law covers creator of the“original” literary, dramatic, musical, artistic works, rights of producers of cinematograph films and sound recordings. Computer Software is considered literary work; hence protectable under copyrights.

 

Term of protection for copyright work is either lifetime of the author plus 60 years or 60 years from the date of first publication depending on the category of work.

Works Covered

The statutory definition of Copyright (Section 14 Copyright Act), "copyright" means the exclusive right to do or authorize the doing of any of the following acts in respect

of a work or any substantial part thereof, namely:-

• Literary, dramatic or musical work

• Artistic work

• Cinematograph film

• Sound recording

• Computer program

The owner of a copyright may exploit the work himself or license it others to exploit any one or more of the rights for a consideration in the form of a lump sum payment or royalty, or both.

The rights that one holds when he/she holds a copyright are :

o Statutory Rights: right, which an author of a work has by the virtue of creating the work.

o Author’s Special rights Even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right to claim the authorship of the work; and to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the work which will be prejudicial to his honour or reputation

o Economic Rights: The author may exploit his work himself/herself or license others to exploit any one or more rights for a monetary consideration.

o  Multiple Rights: bundle of rights, which can exist and be exploited independently, depending on the category of work.

o Related rights under copyright.

Related Rights under Copyright :

Related rights come into picture when an already registered or unregistered copyright work is used to derive further work from it. As per the Indian Copyright Act 2012, related rights are categorized into two divisions:

Right to a Performer: a "Performer" includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance. The term of protection of Performer’s rights subsists for 50 years

Right to a Broadcaster: "Broadcast" means communication to the public by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or by wire. The term of protection Broadcaster’s right subsists for 25 years.

Ownership of Copyright

Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein.

If the author is employed with a newspaper, magazine or similar periodicals , the proprietor shall be the first owner of the copyright in the work.

In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall be the first owner of the copyright.

In the case of any address or speech delivered in public, the person who has delivered such address or speech or if a person has delivered such address or speech on behalf of any other person, such other person shall be the first owner of the copyright.

In the case of a Government work, Government shall be the first owner of the copyright.

In the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall be the first owner of the copyright.  

 

The enhanced circulation of goods and services has now made it increasingly necessary to use a distinctive mark or brand name to identify a product, service or enterprise. This serves the interest of the producers of such products, the traders, as well as of the consumers. A trademark serves as a guarantee of the quality of products and services to the consumers. 

Once a trademark has acquired a reputation, it makes it easier for the producer to get into new markets, which could also stimulate exports. Trademarks are distinctive signs capable of distinguishing and identifying goods or services produced or provided by one enterprise from those of others producing similar goods or services. A trademark is protected on the basis of its usage in the marketplace in some countries, or on the basis of registration in others. 

Registration of a trademark provides the owner of the trademark a prima facie proof of its validity, ownership and reputation for the quality of goods or services to which the particular trademark relates. It also gives the owner the exclusive right to prevent third parties not having the owner’s consent, from using identical or similar signs for goods and services which either identical or similar to those in respect of which a trademark is registered. According to the TRIPS Agreement (Article 15.4), the nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to registration of the trademark. 

As per the TRIPS Agreement (Article 16.2), in determining whether a trademark is well known, account shall be taken of the knowledge of the trademark in the relevant sector by the public. Factors for consideration in the determination of well-known marks also include the value associated with the mark concerned. In India Trademark law was enacted in 1958 and it has been amended in 1999 to conform to the provisions of the TRIPS agreement.

1.Cost

The cost of filing an application for registration of a trademark is currently Rs. 2500 per class. See, once you have got a registered trademark; it is much easier to take legal action against those who violate your trademark.

Process of Registration:

A) SEARCH:  Conduct a trademark availability search (for depiction screen shot of Indian trademark search engine)

B) FILING: Trademark application to be filed with Trademark office (efiling –tmr and Trademark Application form both to be depicted)

C) EXAMINATION: Trademark Office examines the registrability of the application.                   

D) PUBLICATION:   Acceptance of application by the Registrar are published  in Trademark Journal (Provided by CDAC)

E) OPPOSITION: After publishing of applications in the Trademark Journal, third party (ies) can oppose the registration within 4 months in a prescribed format; applicant has the option to provide justification to the Trademark Office for such opposition.

F) NO OPPOSITION: Trademark is entitled for registration

Filing Requirements:

A)Describe your mark

B)  Name of the applicant along with address

C) Describe the product and services  on which the mark will be used

D)Suggest the classification under which the mark will be used

Advantages of Trademark Registration

Protects your hard earned goodwill

Protects your name from being used by others

Creates a favourable impression  in the mind of your consumers

 Helps in obtaining relief in case of infringement

Gives you right to license /assign trademarks 

Under the Trade Marks Act for infringements:

·An infringement suit must be filed immediately in the nearest District Court.

·Both civil and criminal remedies are simultaneously available.

Relief and remedies include: 

Injunction restraining the future use of the counterfeit marks.

Order for delivery of the infringing labels and marks for destruction. 

Seizure and confiscation of the infringing goods by Police.

Imposition of fines and penalties.

Are you a researcher, SME or a Startup having an idea or invention that you think can be applied commercially? Are you interested in filing a patent? Well, Prior Art Search is the first pre-requisite for filing a patent. Prior art in a nutshell is any information available in the public domain that concerns your invention. 

Invention or patent analysis is carried out for the claims of patent applications in the ICTE domain being filed at Indian Patent Office or inventions for which complete Patent specification is ready. A detailed analysis of the claims can reveal the extent of overlap with the prior art documents and in coming out with the best solution.  

A unique feature of our invention analysis is the ‘anticipatory remarks’ giving an indication that the invention may be objected under non patentable sections of Indian Patent Act also. This helps the inventors to realign their claim strategy for meeting the patentability requirements.     

Currently this service is offered free of cost to Individual inventors, Govt R&D laboratories, universities, colleges and academic institutions approved by UGC. Others like companies, private laboratories may be charged based upon the estimated resource utilization. However C-DAC reserves right to provide any one or more services available free or for fee to any person. Free service can be stopped/withdrawn or converted into paid service from any date without any notice.

How to use this service

You need to register with the portal by filling in the registration form. After registration, login through the portal and you would get your Homepage with the option to use the portal services. You just need to register once to avail any of the services provided by the portal.

After logging in, select the Portal Services -> -> Invention Analysis tab -> Fill in the details -> Submit.

Our experts would send the invention analysis report in the email

Unique features

Comprehensive reports with comments on novelty, non–obviousness and industrial application

Quality assessments

Assistance at the stage of issuance of office actions to inventors helps in preparing detailed rebuttal of novelty and non –obviousness rejections

Reports delivered within 3-4 working days

Free services

With the growth of the IT industry as well as other technical sectors an urgent need is felt to protect the IPR generated out in India. Scientists and scholars alike need to be able to protect their ideas and ensure that thier Intellectual property is protected.

It is to fill this very important lacuna that the Patent Analysis Management System has been conceived and designed. It is specially targeted for SME sector for sharing/dissemination of knowledge to the concerned/interested parties on analysis of Indian ICT patents and protection of Indian ICT IP. Also, it creates awareness in the IPR Domain which is necessary for any country & its R&D institutions to keep abreast of latest developments/happenings so as to create a niche for itself in various technological fields.

In a nutshell, this portal provides all the means to keep watch on IP search which is required not only to generate unique IP but also to ensure avoidance of infringement and also take necessary actions to prevent/minimize or curb violation of its IP by others. This portal is a platform through which you may like to avail listed services such as IPR Query, Prior art Search, Invention Analysis etc.

Our Vision

To place India among the Intellectual Superpowers in the world. 

To protect the rich IPR generated out by our country. 

To proliferate the Intellectual Property Rights across the nation and spread awareness to protect their violation by any means, as they play an important role in the economic, social and cultural development of any country. 

To harness the Intellectual Property assets of the country and to increase awareness of the problems and dangers associated with intellectual property right violations.

Our Mission

The Patents & IPR Division of DietY aims to encourage indigenous innovation and to recognize the value and capabilities of global IP and capture growth opportunities in the area of information technology and electronics.

The main goals/objectives are :

To promote technological & industrial progress throughout the country and strengthen the national economy.

To serve, help and smoothen the progress of owners of intellectual property and cultivates ties of reciprocated friendship and understanding among the domain/legal experts who are practicing in the field of intellectual and industrial property law.

Help in the development & protection of Intellectual Property Rights in India.

To enhance the knowledge and understanding of the “common man” about the IPR issues and also about the economic and social harm associated with its infringement.

And above all, to craft a society where intellectual property would be valued and safeguarded.