Intellectual Property Law Services

Patents

The term "patent" refers to an exclusive right granted for an invention, which is a product or process that provides, in general, a new way of doing something, or a solution to a problem. Any invention must meet certain criteria in order to be patentable, such as usefulness, novelty, and nonobviousness. An invention is protected by a patent for a limited period of time, such as 20 years.

Trademarks

A trademark is a distinctive sign that identifies goods and services as being produced or provided by a particular individual or organization. A trademark may consist of a word, a letter, or a combination of letter and numbers.

Copyright and related rights

A copyright is a legal term for an artist or writer's rights to their work. In exchange for payment, creators sell their works' rights to people or companies who can market them. Royalties are often paid depending on how the work is used.

Geographic indications of source

Goods with a specific geographical origin can be identified by a Geographical Indication (GI). Handicrafts can be registered as Geographical Indications (GI) under the Geographical Indications of Goods (Registration and Protection) Act 1999 (the Act). 1152 GI Authorized users have registered for handicraft goods under the Act as of 31 July 2016.

Industrial designs

In India, industrial designs refer to creative activity that gives a product an ornamental or formal appearance, while ‘design rights’ refer to the ownership of novel or original designs that have been registered. As part of the New Designs Act, 2000, the existing legislation on industrial designs in India is contained in order to conform to the international system and address the proliferation of design-related activities in various fields by enacting a more detailed classification of design.

Trade Secrets

Any confidential business information that gives an enterprise a competitive edge can be considered a trade secret. A trade secret can be a manufacturing secret, an industrial secret, or a commercial secret. Trade secrets are protected by unfair practices and violations if they're misused by people other than the holders. Patents are protected by registration, but trade secrets aren't.

Semiconductor Integrated Circuit of Layout Designs (SICLD)

Integrated circuits make all electronic gadgets today very compact. High-quality circuit designs are the result of a lot of effort and investment on the part of highly qualified experts. Under the SICLD Act of 2000, a registered proprietor of a layout design has an inherent right to use, commercially exploit, and seek redress for any infringement.

Protection of plant varieties & farmer’s rights

By rewarding farmers for their contributions to the country's agrobiodiversity, this act recognizes farmers as cultivators and conservators and traditional, rural, and tribal communities' contributions as well. It's about encouraging R & D to come up with new plant varieties to grow the seed industry so farmers can get high quality seeds11 and planting materials.

Protection of biological diversity

In the preamble, the Biological Diversity Act mentions traditional knowledge. A number of provisions in the Biological Diversity Act, 2002 deal with traditional knowledge under the umbrella of associated knowledge.12 The benefit claimants are conservationists, creators, and holders of knowledge and information about how biology works.

IP Asset Management

A company's or individual's intellectual property portfolio is managed strategically and administered. Maintaining a competitive edge requires businesses, especially those in innovation-driven industries, to manage their IP portfolios effectively. We monitor the status of IP assets, ensure timely renewals, and make strategic decisions about licensing, enforcement, and portfolio expansion.

Renewals and Maintenance

IP portfolio management involves ensuring that all IP rights are renewed on a timely basis in order to preserve their validity. Missing a renewal can result in the loss of rights for patents, trademarks, and designs.

Strategic IP Planning

Effective IP portfolio management also requires strategic planning. Identifying and protecting new inventions, trademarks, and designs, as well as exploring licensing and sales opportunities, are key components of IP commercialization. IP strategy must be aligned with broader business goals.

Risk Management

Managing an IP portfolio involves identifying and mitigating IP risks, such as potential infringement, conflicting rights, and challenges to the validity of existing IP assets. A legal professional monitors the IP landscape continuously to prevent infringement of client IP rights and to avoid inadvertently infringing others'.

Geographical Indication Registration

With our geographic indication registration services, you can protect the unique qualities of your region-specific products. With our help, you can register geographical indications, which ensure that your products are recognized and protected based on their origin, reputation, and distinctive features.

Intellectual Property Office (IPO)

India's Intellectual Property Office (IPO) is responsible for administering intellectual property rights across the country. Patents, trademarks, designs, copyrights, and geographical indications are registered under the Department for Promotion of Industry and Internal Trade (DPIIT). IPO examines applications, grants rights, and maintains records related to the registration process. IP-related laws, such as the Patents Act, 1970 and the Trade Marks Act, 1999, are enforced by the office to ensure that the rights granted are in compliance with them.

What the IPO does

Prior Art

Inventions, concepts, or designs that were known before a patent application were considered prior art. Under the Patents Act, 1970, identifying prior art is a crucial step in determining whether an invention is novel and patentable.

Conducting Prior Art Searches

Prior to filing a patent application, it is essential to conduct a comprehensive search for prior art. A patent search involves reviewing existing patents, publications, and other publicly available information that might disclose similar inventions or ideas. It is possible to save time and resources by conducting a thorough prior art search prior to filing patent applications for inventions that are not genuinely novel.

Impact on Patent Prosecution

Patent prosecution can be significantly affected by the results of a prior art search. An application may need to be amended or withdrawn if prior art closely resembles the invention. A patent application may be stronger if there is no relevant prior art, on the other hand. Examiners at the IPO also conduct their own searches to determine whether the claimed invention is novel and inventive during prosecution.

Legal Challenges Involving Prior Art

Patent litigation often relies on prior art to defend against infringement claims. It is possible for a defendant to argue that a patent is invalid because prior art was not considered during the initial examination. In India, understanding and addressing prior art is therefore crucial to both patent prosecution and defense.