Frequently Asked Questions

An IPR is a generic term covering patents, copyright, trademark, industrial designs, geographical indications, layout design of integrated circuits, undisclosed data (trade secrets) and new plant varieties.

Generally, Trademark refers to a “brand” or “logo”. Trademark gives a company/business and a separate identity. Trademarks indicates the origin as well as the quality of the goods. Some popular trademarks include Coca Cola, HP, Canon, Adidas, etc.

The easiest way to get trademark registration done, involves the first step as “selecting a name then doing a trademark search, after that filing an application for the trademark registration”. Then filing the required documents like the name of the trademark or address. Then the application is examined after that the trademark is published in the Indian Trade Mark Journals. Lastly, the issuance of the trademark registration certificate.

The cost involved in the trademark registration is starting from 1,769 + Government Fees.

The process of registration of the trademark consists of the following steps:
1. SEARCH: Conduct a trademark availability search
2. FILING: Trademark application to be filed with the Trademark office
3. EXAMINATION: Trademark Office examines the registrability of the application
4. PUBLICATION: Acceptance of application by the Registrar is published in Trademark Journal
5. OPPOSITION: After the publishing applications in the Trademark Journal, the third party can oppose the registration within 4 months in a prescribed format.
6. The applicant has the option to justify the Trademark Office for such opposition
7. NO OPPOSITION: Trademark is entitled to registration

Every applicant including corporations will have to give the following documents to get their trademark registered. “Address proof of the person or company registering for the trademark, a copy of the logo, certificate of partnership deed and ID proof of the person who is registering for a trademark”.

The initial registration of a trademark shall be for 10 years but maybe renewed from time to time for an unlimited period by payment of the renewal fees.

Yes. A trademark is initially registered for 10 years, calculated from the date of filing of the application. It can be renewed every 10 years by paying the requisite fees.

A “Trademark” can be a word or a combination of words, letters, and numerals. Trademarks may also consist of drawings, symbols, 3D signs such as shape and packaging of goods, or colors which are being used as a distinguishing feature.

Copyright is a form of legal right and Intellectual Property protection, given by the law to the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.

Prepare a copyright application and file it. After that, you will be allotted a diary no. and then you must wait for the 30 days, in case someone raises an objection. If there is no objection the authorized person will examine the application and if he/she is satisfied with the registration process, then the application will be approved by the registrar. With approval, the quotations will be sent by the registrar to the candidate.

The starting cost for Copyright Registration is Rs. 3,999 Onwards 

The copyright registration process is very simple with our online portal • You can simply fill-up the form and upload your original work which requires to be copyrighted.

  • Once we get all the necessary information, your application shall be sent to our copyright consultant, to begin the process of your copyright application.
  • Application to be created in Form Number – Form-XIV
  • We will give you a “unique Reference Number” within 3-5 working days, so that you can provide the complete information.

A copy of the work along with the address and identity proof of the owner is required. For a company, the name of the company along with it’s “Certificate of Incorporation and address proof” is required.

  1. Literary, dramatic and musical work. Computer programs/software are covered within the definition of literary work;
  2. Artistic work
  3. Cinematographic films which include soundtrack and video films 4. Record-any disc, tape, perforated roll or another device.
  1. If published within the lifetime of the author of a literary work, the term is for the lifetime of the author plus 60 years.
  2. For cinematography films, records, photographs, posthumous publications, anonymous publications, works of government and international agencies, the term is 60 years from the beginning of the calendar year, following the year in which the work was published.
  3. For broadcasting, the term is 25 years from the beginning of the calendar year following the year, in which the broadcast was made.

A patent gives it’s owner the right to exclude others from making, using, selling, and importing an invention for a limited time, usually twenty years. The patent rights are granted in exchange for a detailed public disclosure of the invention.

You can get your patent registration using our expert services. We, at LegalEye, ensure a smooth procedure of patent registration.

We at LegalEye, charge the following for patent registration:
• Rs.19,999 onwards for a provisional patent
• Rs.35,999 onwards for permanent patent

For this, you need to follow certain steps (detailed information on these steps is given above) and these are:

• Patentability/Novelty research

• Drafting of patent application

• Filing the patent application

• Patent filing.

• Publication of patent application.

• Examination.

• Issuance of the examination report.

• Grant of patent.

The following documents are required to get your patent registered:

  • Patent application in form-1
  • Proof of right to apply for a patent. This proof could either be attached at the end of the application or along with it.
  • If complete specifications are not available, then provisional specifications.
  • In the case of provisional specifications, then provide complete specifications in form-2 within 12 months.
  • “Statement and an undertaking” under section-8 in form-3 (if applicable).
  • If a patent application is filed by a patent agent, then the power of authority in form-26.
  • If the application is for a biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
  • The source of geographical origin should also be included in case some kind of biological material has been used in the innovation.
  • All the applications must bear the signature of the applicant/authorized person/Patent attorney.
  • The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.

Patent protection is a territorial right and therefore it is effective only within the territory of India. However, applying in India enables the applicant to file a corresponding application for the same invention in convention countries, within or before the 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. There is no patent valid worldwide.

An invention relating either to a product or process that is new, involves an inventive step and is capable of being industrially used. However, it must not fall into the categories of inventions that are not- patentable under section 3 and 4 of the Act.

A patent application can be filed either by the true and first inventor or his assignee, either alone or jointly with any other person. However, the legal representative of any deceased person can also make an application for patent.

For an invention to become patentable, the subject matter must meet the following criteria – 1. It should be novel. 2. It should have an inventive step or it must be non-obvious 3. It should be capable of Industrial application. 4. It should not fall within the provisions of sections 3 and 4 of the Patents Act 1970.

Copyrights protect the expression of ideas. Copyright will not protect the process through which a particular work was created or the use of information within it (instructions, etc.). On the other hand, Patents protect inventions such as new processes, machines, or chemicals. The central idea is that patents protect ideas, not just expressions of them. Further, Copyright and Trademark both offer intellectual property protection, they protect different types of assets. A Copyright is geared toward literary and artistic works, such as books and videos.
A trademark protects items that helps in defining a company brand, such as it’s logo.

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