What is IP WATCH SERVICE:
A constant periodical check or scrutiny is done by using this tool to find out whether someone else is using your IP or applying for registration of your valuable IP.

Theft of knowledge and data’s (Data Piracy) brings a tremendous loss to a person or organization in their development and hence protecting the same is most mandatory now.

IP watch services are just like a boundary markers and a watchman who will preserve your property against any intruder or illegal users or from any theft.

By watching periodically the IP journals published by Govt authorities and by having constant surveillance will protect your technological infringement and willful misuse

A. IP WATCH DOG SERVICE:
Trademark, Patent or IP, there is always a threat of infringement. Safeguarding your valuable IP is most important after IP registration. In order to protect ones, valuable IP, the IP watch service is essential and obliging.

B. LICENSING / ASSIGNING OF INTELLECTUAL PROPERTY
In current scenario each individual is coming up with new ideas, concepts, inventions, brands, artistic works, designs, software programs, new products and so on.. But all of the persons do not create everything for public use due to lack of resources. Thus to encourage such people the laws were drafted to give them opportunity to earn by means of licensing, assigning their works to a sourceful organization or institution, where by commercialization becomes easier.

Now a day’s lots of organization and Universities are opening up for the individual inventors to monetize their work if it is very valuable to public. Therefore, any utility IP can be monetized by in a smart way by licensing the Brands, Transferring the Technology and assigning the designs to some other Organizations.

We support the essential provisions of IP Licensing or assigning

The licensor and Licensee/ Assignor or assignee

The rights of both the parties

Royalty deserver by Licensor or assignor

Term of Licensing & assigning various aspects.

C. IP INFRINGEMENT LITIGATIONS
Infringement means violation of one’s exclusive right granted by the sovereign of a Country. If an IP owner is enjoying his monopoly rights granted to him and any infringer causes damage or violates his rights then IP litigation comes into play to rescue the IP owner.

In case of infringer of your intellectual property be it Trademark, copyright, patent, designs, trade-secrets etc., the remedy can be obtained by means of litigations. When IP infringement turns out, the holder may sue for aid in the appropriate court. The IP owner can seek the court for an injunction to put a stop to the continuation of the infringement and may also ask the court for an award of damages caused to him due to infringement of his rights.

D. IP VALUATION SERVICE
Intellectual Property is considered as one of the most vital asset for the company or organization and to know the value of your IP. As Intellectual Property is an Intangible asset, the valuation process depends on various criteria and can be derived by number of theories.

The steps for valuation is that of Identifying the Assets, then determining the context of valuation and the next is to select and apply the appropriate valuation method.

The use of ascertaining the value of our IP can be used for

Mergers

Acquisitions

Bank Loans

Financial Reporting

Increase share values

Our law firm follows the best practices of IP valuation to ensure quality of the process and its execution.

E. IP ASSET MANAGEMENT
IP management helps in building brand identity and makes a company standout in crowd by displaying their unique identity in the market. This brand identity and uniqueness created, brings a reputation for the company among the public and so brand value increases.

IP covers a wider category and its management is most complex. Intellectual property is the most valuable right and at the same time most puzzled right, hence the management is highly technical as well as legal. Management of IP includes renewal of Trademark, Patent etc, Licensing, assignment and safeguarding the IP of the organization.

Effective IP Management involves the following key areas:

1. Planning

2. Responsibility

3. Communication

4. Evaluation & reporting

All the organization possesses IP rights such as Trademark, copyright, patents, designs, trade-secrets and much more. The IP assets forms the backbone of the organization’s growth and managing them and protecting its confidentially is most important. Most of the organization does not know the value of IP assets which they posses, we as practiced professionals help all our corporate to understand ,by making them comprehend about the value of IP, they posses. We support them in managing, protecting, monetizing their IP rights in a most efficient manner. To maintain their own IP rights is a time consuming process, so we help in training corporate to manage by themselves or otherwise we help them manage their IP asset on their behalf.

IP Allied Services

What is GI?
Geographical Indication shortly named as (GI). Every antique region or a province has some geographical based specialities to it. For example Kancheepuram is famous for Silk. The quality of the silk is associated to its region of Origin Kancheepuram.

***Geographical Indicatio***n is a name or sign used against a product which corresponds to a specific region of origin.

GI not only protects the product from the region of origin but also attributes to the essential qualities, reputation or characteristic related to the product.

GI helps in protecting the ancient cultural products, traditional methods, our customs and helps in enhancing its promotion and popularity to an International standard.

Advantages of GI
GI confers effective protection to user and organization for producing the product within the particular region

Prevents goods duplication & imitation by unauthorized users maintaining the originality & increasing the producers economic growth

The registration adds tremendous value to the products and in turn increases the demand of the products within the country and overseas

Importance of GI
Many of the products have acquired reputation due to its good quality originating from a particular region for a long period of time. This reputation, if not protected threat, may arise from dishonest commercial operators. It may lead a consumer to by an imitated or duplicate product instead of getting a genuine product depriving its business value and reputation to a larger extent.

In order to prevent such illegal market, right is granted to the producers of such products by means of GI. As GI is a national asset, right is not issued to an individual instead it is granted to associations of persons or manufacturers of the product, or any organization or any authority representing the producers of goods.

The Government registry has certified 193 products as Registered GI’s of India till now. Some of the popular GI’s are Darjeeling Tea, Mysore Silk, Coorg orange etc.

GI - Registration Process
Search process & Proceed for filing before GI Registry

Thirdly the application proceeds for Journal Publication

The application is processed for examination by Registry

Finally the application is registered by Certification

Validity of GI Registration: Valid for a period of ten years but may be renewed from time to time for an unlimited period by payment of the appropriate fees

What is Design Registration?
Design registration means registering a shape or design of a product which has particular uniqueness. But before that we need to understand what is the scope of design under this Design Act. As per the Design Act, Design means the followings are thereof applied to any article in ‘finished article’ appeal to & judged solely by ‘eye’.

Feature of Shape

Configuration

Pattern or Ornament

line/colour/combination composition

Design of the product is the main aspect in every manufacturing business and the greatest success of your product significantly lies with its design. And the product Designs are governed by Design Act 2000 and Design Rules, 2001.
Designs that cannot be registered
Clothing / Labels

Buildings & Construction Structures

Part of an articles

Flags and Symbols

Layout Design

Shape of existing Design

What is the process for Design Registration
process for Design Registration
What are the advantages of Design Registration?
Registration gives a unique identity to your product.
This registration acts as a Unique Selling Point.
This Registration Protects the Owner against copying the design by unauthorized users.
Design patent Registration adds value to the product in the market.
Can sue the infringer and can claim appropriate damages.
How long design registration is valid?
The total period of validity of a Registered Design is 15 years from the date of applying for Registration. The registration is initially valid for a term of 10 years and can be renewed for an additional period of 5 years.

Documents required for Design Registration
It also includes television broadcasts, industrial designs, graphic designs and even ideas which are substantive can be registered under Copyright. Copyright gives protection to the author of the work, by giving him monopoly rights for the creation of his work, to have a control on his work and benefit him.

Logos
Paintings
Product Photos in various angle

What is Copyright?
Copyright is special right given to the creator of an original work for a stipulated period of time. In India Copyright registration is in effect after the enactment of The Copyright Act, 1957 with five amendments till 1999. The Copyright Act in India is drafted in compliance with many International treaties and convention, especially ‘THE BERNE CONVENTION’.

Importance of Copyright Registration: This is the most beneficial & advantageous feature of copyright is that, even though the right is territorial, due to the International treaties it has become an International right. If an author or owner registers his work in India will get right against all the 164 countries. Other Intellectual Property rights such as Trademark and patent do not have this aspect of Copyright.

Artistic works covering in Copyright
It also includes television broadcasts, industrial designs, graphic designs and even ideas which are substantive can be registered under Copyright. Copyright gives protection to the author of the work, by giving him monopoly rights for the creation of his work, to have a control on his work and benefit him.

Logos
Paintings
Drawings
Dramatic works
Photographs
Sound recordings
Cinematography films
Motion pictures
Computer programs
Copyright Registration Process - Complete Process

1. Copyright registration does not have a search process

2. Primarily Apply Copyright Registry for the work with basic requirements

3. Secondly the application is processed for examination

4. Finally the application proceeds for certification

Important Points on Copyright Registration
TIME PERIOD FOR REGISTRATION – Varies from 2 to 3 years based on various factors. Process is mostly delayed as there is only one Copyright Registry for all over India.

VALIDITY OF COPYRIGHT REGISTRATION – Life time of the author plus sixty years from the date of death of the author.

Authorship and Ownership
Authorship and Ownership of Copyrights are two distinct concepts.

Each person has its own right. As regarding ownership of the Copyright, the author of a work, the person who creates it shall be the author as well as the owner.

If a work is done in the course of employment, the ownership will pass on to the employer. Under a contract of service or apprenticeship, the person at whose organization the work is done is the owner of the copyright.

If a work is done for the Government authority, the copyright ownership will be with the Government.

The benefits of registering a Copyright
Right to reproduce the work, issue copies
Right to make translation and adaptation
Right to Perform in Public
Right to sell or rent the work
Right to assign and relinquishment
Right to sue the infringer and claim damages
The other advantages are economic right and moral right.

Patent an overview

Can we register a Software or Mobile Application in India? Does the law supports that? we are going to see in the article, who to protect a Software under Intellectual Property in India.
Fundamentally, patent protects inventions & encourages innovation & scientific commercial developments. It endorse the inventor to gain exclusive benefits in exchange for their inventions. For getting patent, the invention must comply with three conditions under patent:

Novelty- The Main Condition

Inventive step or Non-Obviousness

Capable of Industrial Application

Software Patent in India
An independent software by itself cannot be Patented in India. But, software can be patented if it is part of an invention. As per Section 3(k)(f) of the Patent Act says, If the claimed subject matter in a patent application is only a computer programme, it is considered as a computer programme per se and hence not patentable.”

Further, the Controller of Patents issued guidelines related to ‘Computer Related Inventions’ by way of Guidelines in the year 2016. It says that, even patents on computer programs could not be granted unless the inventor could show that the invention included a computer program “in conjunction with a novel hardware” (also known as ‘novel hardware requirement’)

Software Patent US vs India
The Indian patent Act does not give a proper description of the term ‘software’. But, Section 2 of the Copyright Act, 1957 a computer program is defined as “a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result”. Further Section 3(k) of the Patents Act excludes computer program per se from the patentable subject matter.

In the United States, patent protection for software-related inventions is limited to those on recordable media, not to computer programs themselves.

A granted patent is provided for a term, in general, for 20 years from the date of filing the patent application.

Software Patent Registration

PATENT AND PCT SYSTEM
Patents are the exclusive right granted to the patentees for their invention provided by the government for a Specific Period. The applicant may have a doubt that is there global patent protection for his invention. Certainly, there is nothing like one application whrough which you can protect your patent globally. But the applicant can protect his invention in each of the countries by filing his patent application in respective countries. For this, the applicant has to file his priority patent application to each of the countries within one year from the date of first filing of his invention.

The applicant may choose to file a PCT international patent application for his invention. The PCT is the Patent Cooperation Treaty (PCT) is an international patent law treaty, associated with the World Intellectual Property Organisation(WIPO). It provides a way for filing patent applications internationally on its contracting states. A patent application filed under the PCT is called an international application or PCT application.

The patent applicant or an inventor can file a patent application worldwide. For which the applicant or the inventor has to file the patent application at their nationality country or their conventional country as priority patent application first. Based on the date of filing of priority date, the applicant or the inventor has to file a PCT application within 12 months.

INTERNATIONAL PATENT APPLICATION FILING
The applicant can file an international patent application through WIPO (WORLD INTELLECTUAL PROPERTY ORGANISATION) WEBSITE WWW.WIPO.INT online or through the receiving offices at respective countries. The applicant has to file his patent application worldwide as a conventional patent application to several countries within 12 months of the priority date of filing priority patent application. Otherwise, they can apply for a PCT within 12 months from the date of filing of the patent priority application, thereby the applicant or inventor gets 30 months more to enter several countries with the single international patent application. The WIPO organization will provide ISR report (International Search Report) by which the applicants can also decide the countries of their interest.

The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO).
The PCT System makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications.
The PCT System comprises 152 Contracting states.
The granting of patents remains under the national or regional legislation of the national or regional patent offices. It is called the “national phase”.
In the national phase, each patent office is responsible for processing the application in accordance with its national patent laws, and for deciding whether to grant patent protection. The time required for that processing varies across patent offices.
Applicants and patent offices of contracting states benefit from uniform formality requirements, international search, The fee associated with PCT Filing.

ADVANTAGES
Brings the world within reach by PCT application = Legal effect of a regular national patent application in all PCT States.
Postpones the major costs associated with internationalizing a patent application.
Provides a strong basis for patenting decisions.
Applicant/inventor can come into a conclusion what are all the countries need to get into a national phase entry.

Patent PCT Filing

What is a Patent Drafting?
Patent drafting is a an important part in the patent specification submitted with patent application.

The draft of the specification is a description of the invention made in a manner as a legal content of the invention instead of mere statements or paragraphs of explanations.

Our patent professionals are working in this platform for more than ten years of experience but not limited to specification drafting but also pre grant / post grant opposition, agreement drafting, replying to office actions etc.

Drafting of Patent Compete Specification
The Drafting of the Patent Compete Specification is the important process in patent drafting. There are so many of the differences between the complete specification and the provisional specification. It is not mandatory to explain the invention particularly and completely in the case of the provisional specification whereas the complete specification must describe the whole invention particularly and the manner in which the invention has to be performed.

What are the inputs that are required for drafting a Specification?
Drawing- The drawings which is one of the main input must be transparent, clan and line drawings only allowed

Short description by inventors own words- here the inventor need to explain the concept in his own words

Background of the invention or history- The inventor is required to furnish the problems associated in the previous technology, precious inventions or previous process or method and disadvantages in the technology

Invention execution procedure- The inventor needs to explain the step by step process involved in the invention if applicable. He/ She can provide flow chart and other materials

Process or working principle- The inventor is asked to give details about the invention working principle in a clear format including working procedure, if it is a scientific invention belongs to a particular department then particular parameters associated with the technology need to be added advantage.

Difference between the invention and prior products or process– The inventor is asked to produce a chart to furnish the problems associated in the previous technology, precious inventions or previous process or method and disadvantages in the technology against your invention

Advantages- This is a detail which is available in your invention which is a advancement in the technology

Applications- The applications of the invention desires the usage of the invention in various purposes and it makes the border to your invention.

Elements of Complete Specification
Field of invention– This is area of the invention belongs to.
Background of the invention– This section is an overview of the prior technology or previous inventions, prior patents and its problem arguments.
Object of the invention The aim of the invention or objective of the invention
Summary of the invention- A short description of the invention
Detailed description of the drawings- The details about the drawings associated with the invention which includes the positions, part numbers, names, views, block diagrams, flow charts, graphs, etc.
Detailed description of the invention- The detailed description part is the clear execution of the invention with respect to the drawings (if applicable) including architecture, assembly, construction and working procedure describing and ascertaining the nature of this invention and the manner in which it is to be performed.
Claims- The important part in the patent specification is claims. It defines the scope of the invention where the protection of t he invention is sought. So if a mere statement of the invention is written in claims, then the invention may fall outdated. Therefore appointing a patent professionals like patent agents, patent attorneys, patent engineers essential for drafting services.
Abstract- It is the overview of the invention containing important points of the invention and it s a short description of the whole invention
Drawings- Patent related drawing must contain clear illustrations, multiple views, transparently like a line drawing including part numbers and names etc.

Why to file International Patent?

By filing a Patent Application in India, do we get a protection internationally? if not what is the procedure to get international patent registration?
We file patent applications to protect our inventions from Copying by others. But, patent granted in India is protected only in our Country as it is jurisdiction specific in nature. Hence, International patent helps the applicant to protect their invention in foreign counties too. This is why we need to file ***International Patent Application***.

Totally there are two ways for obtaining international patent protection. They are Convention Patent Application and the PCT Application. Can we file a foreign patent by signing at India itself?

What is Patent Cooperation Treaty?
Patent Cooperation Treaty shortly called as PCT. This PCT Application makes it possible for getting protection for a patent simultaneously in each of a large number of countries by way of filing a single International Patent Application instead of filing several separate national or regional patent applications.

This PCT Application can be filed by anyone who is a citizen of a Patent Cooperation Treaty’s Contracting State. This PCT application shall be filed through Indian Patent Office.

Is there a deadline to file PCT Application?
The PCT International Phase Application to be filed directly within 12 month period from the filing date of filing the Indian patent application.
The PCT National Phase applications in each of the designated countries should be filed within 31 months of filing the Indian patent application.
Advantages
The following are the Advantages of International Patent…

One single Patent application in one single language filed in one single country
This single International application has the effect of filing simultaneously in different countries
Procedure for filing PCT Application
Step 1: As a first step, patent application should have been filed in India. (There are totally two phases in PCT filing – the international phase and the national phase.)
Step 2: International phase: Within 12 months from the date of filing a patent application in India, the PCT application must be filed, mentioning the countries in which protection are required.
Step 3: The registry shall provide an International Patent search report and along with that a detailed opinion on patentability shall also be provided within 4 months.
Step 4: This PCT application will be published after 18 months of filing the Indian patent application.
Step 5: The international preliminary examining authority shall issue an international preliminary examination report.
Step 6: National phase: Next is that, the Patent applications in each of the designated countries should be filed within 31 months of filing the Indian patent application.
Step 7: The Patent grant will be granted by the respective national patent offices of each country after the applicant complies with their national requirements.
What is convention application
A Foreign patent applicant can claim the benefits of Paris Convention and can file a patent in India by claiming priority from an already filed international patent application. India is a signatory of Paris Convention, hence by that a foreign applicant can file a convention application in India.

If a foreign applicant wants to get the convention status, he needs to file the application before Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country.

Documents Required
List of countries to be specified
Drawings
Declaration & POA
National phase application for which priority date is claimed
Description of the Specified invention
Translation of the text in the official language

What is a Patent?
Patent is a right that is awarded to a person for his new invention or technology which had never been in existence before. Every nation’s growth rests on the number of significant patents granted. In legal language patent is a set of special privileges approved to a person for his invention to a stipulated period of time. New Invention or technology which brings a significant change in the scientific and industrial world is considered as Patent. Not only in technology companies but also medicines, process of preparation of medicines included under the purview of patent.

Patent is the right that is awarded to a person for a new invention or technology which had never existed before. Every nation’s growth rests on the number of significant patent granted. In legal language patent is a set of special privileges approved to a person for his invention to a stipulated period of time.

Importance of Patent Registration
Special privileges – enable the patent owner to get back development costs and gain ROI in the progress of the patented technology.

Powerful market niche – Economic importance in certain countries may be different based on the type of technology.

Positive representation for your venture – identify and realize the full potential of value from patents.

Boost the command to make the deal – can generate revenue from the licensing of patents.

Chance to accredit or vend the invention – enable a person of skill in the particular field to understand the invention well enough. It facilitates to turn your novel ideas in to riches.

Superior ROI – a key requirement for raising venture capital; The patent law is a legal agenda that set up a system of exclusive rights which supports and support technological novelty and encourage fiscal progress.

Patent Registration

What is a Patent?
A Patent is an exclusive right granted for an invention to the patentee by the government. The validity of the patent is normally 20 years from the date of filing of the patent application.

Conducting Patent Search
Conducting the patent search in various countries website portals and other websites like research papers or product searches will help to find the matching document to the invention or idea.

What is a Patent Search?
Patent Search or Patentability search is an exploration of existing patents or any literature or research documents or products which are closely similar to the subject matter of the invention.

This is also called Prior Art Search. Patent Pending applications, Registered Patents, Expired Patents, abandoned patents and even literatures or documents are taken under peep of patent search.

The prior art can be explained that, anything in public domain, patented or not patented, that may establish whether an invention is original or not.

This Patent Search is the first step to proceed for patenting process. This will help you to understand is there any similar inventions already in existence.

Why should we conduct a Patent Search
It saves your Time and cost. It is not advisable to file for a patent application unless the invention deserves for a patent that it must be novel, inventiveness and capable of being made in an industry. So, conducting patent search will give you the information about invention development, novel portion of the invention and inventing something different than the other patents or inventions. Further, the applicant or inventors are sharing their inventive knowledge across the public through patents resulting to know the new inventive feature of the invention. This will prove the quality of the invention to deserve the chances of getting patent. Patents in the public domain will be more helpful for further research.

How to do patent search in 6 steps
Find your key words about the invention to find the relevant patent or the patent to near to your invention

Use Google image services to get products nearer to the invention or exact product or prior art product.

Use Google patent search & other govt or non govt public search portals.

Search technical publications, journals and project reports related to your invention.

Use the key words in the net surfing to find relevant prior art

Use subscription based software platforms to conduct prior art search

Different types of patent search:
Patentability Search:

Patentability search is nothing but a novelty search. Here we are expecting our invention must be new, the new invention does not be covered in the public domain like patents, products or non patent literatures, journals etc. The scope of the invention also bordered, altered or changed to certain level based on patentability search.

Infringement Analyses:

This is a search about any product or a process is infringes upon an existing patent claims of someone who patented before the product or process launch. The claims of patented article or process is analyzed with infringing product or the process, a damage analysis report may be prepared based on this search.

Freedom to Operate Search:

This is a kind of search for the people who undergone commercializing a product or a process with the risk of potential barrier upon patented inventions. This search will include a product search or a process search at a particular country, validity of patents, claim analysis, legal status of patents etc.

What are the Information needed to conduct the Patent Search
The applicants or inventors are expected to produce written explanation of their inventions briefly. The disclosure may contain the following.

1. Description of the invention

2. Idea/Methodology/Process in step by step manner

3. Drawings / products (if applicable/available) & Flow charts

4. Previous search documents (if applicant/ inventor end available)