Agriculture, Agroindustry; Chemical Industry; Construction, Mining, Transport; Electrical, Electronics, Telecommunications; Energy; Environment; Food; Industrial Logistics, Services; Measurement, Cont, brand trademark, Business Administration, Business Models, Business Networking, Business Owner, Business Plans, Business Relationships, Business Strategy, Business-To-Business, IPR Companies, Digital Agencies, Ecommer, intellectual property strategist, INTELLECTUAL PROPERTY STRATEGY, Trade Secrets, trademark filling in India, trademark infringement, trademark objections, Tradesecret

Replying to TRADEMARK Objections

 

A Trademark is a type of intellectual property protection, under which a word, phrase, visual symbol and/or design used by a company to distinguish its goods or services from other similar goods or services originating from a different company can be protected. A trademark registration will confer an exclusive right and legal certainty to the use of registered trademark by the right holder.

 

Trademark protection can be obtained by filing a trademark application with the relevant Trade Mark Registrar in the prescribed format and paying the required fees.

 

Once a trademark application is filed, the trademark registration application will be allocated to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then process the application and analyse it. The Trademark Officer will give its opinion about the Trademark in the form of an “Examination Report”. Based on the Examination Report, the trademark application is published in the trademark journal or an objection is raised for registration of Trademark.

 

If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to submit a written reply for the objections raised within 1 month from the date of receipt of examination report. The trademark examination reply should include reasons and evidences along with the supporting documents to prove the distinctiveness of the trademark and as to why the trademark should be registered. The application is allowed to be published in the Trademark Journal before registration only if the Trademark officer is satisfied by the reply. Thus, the reply to the Trademark examination report should address all the concerns raised by the Trademark Officer.

 

The Trademark Officer raises an objection for registration of trademark under Section 9 and Section 11 of “The Trade Marks Act, 1999”.

 

Section 9 of The Trade Marks Act, 1999 states the Absolute grounds for refusal of registration—

 

(1) The trade marks—

(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered:

Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

(2) A mark shall not be registered as a trade mark if—

(a) it is of such nature as to deceive the public or cause confusion;

(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

(c) it comprises or contains scandalous or obscene matter;

(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act,1950 (12 of 1950).

(3) A mark shall not be registered as a trade mark if it consists exclusively of—

(a) the shape of goods which results from the nature of the goods themselves; or

(b) the shape of goods which is necessary to obtain a technical result; or

(c) the shape which gives substantial value to the goods. \

Section 11 of The Trade Marks Act, 1999 states the Relative grounds for refusal of registration—

(1) A trade mark shall not be registered if, because of—

(a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or

(b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,

there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.

(2) A trade mark which—

(a) is identical with or similar to an earlier trade mark; and

(b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.

(3) A trade mark shall not be registered if, or to the extent that, its use in India is liable to be prevented—

(a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or

(b) by virtue of law of copyright.

(4) Nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration, and in such case the Registrar may register the mark under special circumstances under section 12.

(5) A trade mark shall not be refused registration on the grounds specified in sub-sections (2) and (3), unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark.

(6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including—

(i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;

(ii) the duration, extent and geographical area of any use of that trade mark;

(iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;

(iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent that they reflect the use or recognition of the trade mark;

(v) the record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.

(7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account—

(i) the number of actual or potential consumers of the goods or services;

(ii) the number of persons involved in the channels of distribution of the goods or services

(iii) the business circles dealing with the goods or services, to which that trade mark applies.

(8) Where a trade mark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act.

(9) The Registrar shall not require as a condition, for determining whether a trade mark is a well-known trade mark, any of the following, namely:—

(i) that the trade mark has been used in India;

(ii) that the trade mark has been registered;

(iii) that the application for registration of the trade mark has been filed in India;

(iv) that the trade mark— (a) is well-known in; or (b) has been registered in; or (c) in respect of which an application for registration has been filed in, any jurisdiction other than India; or

(v) that the trade mark is well-known to the public at large in India.

(10) While considering an application for registration of a trade mark and opposition filed in respect thereof, the Registrar shall—

(i) protect a well-known trade mark against the identical or similar trademarks;

(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.

(11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well-known trade mark.

Thus, if the Trademark officer has raised an objection under Section 9 or Section 11 of the Trade Mark Act, 1999, the reply must contain the judicial precedent and should prove the point with proper evidence.

What is a framework for innovation? What is the growth strategy?
band lawyer india, Business Administration, Business Models, Business Networking, Business Owner, Business Plans, Business Relationships, Business Strategy, Business-To-Business, IPR Companies, Digital Agencies, Ecommer, Copyright Lawyer India, intellectual property strategist, INTELLECTUAL PROPERTY STRATEGY, NBFCs lawyer India, patent lawyer, Startup Lawyer India, tech corp legal

From the “Idea phase” into the “Invention phase”

From the “Idea phase” into the “Invention phase”

Inspiration can be found anywhere if you look around and be open to it. Ideas are relatively easy to come. “Sit-at-tea-discussions”, which are now given a fancy term “brainstorming sessions” generate wonderful ideas. It takes a lot of knowledge, time, money and efforts to refine an idea into an invention.

2

But How do you begin with the idea process? First of all discover a problem. Take out a sheet of paper and write down whatever comes to your mind related to the problem; it doesn’t necessarily make sense and try to come up with a solution to the problem you just discovered. Only after you organize your initial idea, the actual design and development of your product will begin.

Turning an idea into  an invention — it takes lot of efforts and luck to launch a product into, and get that product accepted by, the marketplace. There are substantial barriers in the path of those who pursue innovation. Overcoming those barriers and accomplishing the tasks require careful planning and input from others.

You can’t just take an idea, plunk it down and say “OK, this is it.” You will be defining and tweaking your idea constantly even during development and prototyping.

Entrepreneurship can be a tough and long journey, and the success of your idea may be doubted by many people, even your family and friends! But remain focused on the value that your invention will deliver to your customers. You should be able to clearly explain the basic idea or concept behind your new product or service (in and out of the industry), have a prototype for demonstration of your new product or service, and you may seek professional advice to protect your intellectual property.

How will you determine if your idea will succeed?

One of the best ways to determine the success of your idea is to talk to people around, get customer feedback, before the complete development of the product/service and finalise your target market, pricing model and marketing strategy. Inorder to validate the entry of your product/service into the market carry out complete industrial trials for your product/service.

When you finally set out to launch your business, one of the most important trait you need as an entrepreneur is “Perseverance”. You’ll be told “no” many times but you’ve to move beyond the “no” and eventually, you’re going to get to a “yes.”

Understand that doing business isn’t a rocket science. No, it is definitely not easy to begin a business, but it’s not as complicated or as scary as many people think, either. It’s a step-by-step, common-sense procedure. So take one step at a time!!

 

basic requirements for patentability of microorganisms can microorganisms be patented in india patenting of living organisms in india
budapest treaty, intellectual property strategist, INTELLECTUAL PROPERTY STRATEGY, Patent Innovative Ideas, Patent Micro Organisms, tech corp legal

Can Micro-organisms be Patented?

You Might wonder weather Micro-organisms can be Patented or not?

Intellectual Property Protection in the form of a patent is granted for an invention which is novel, has an inventive step and is capable of being made or used in an industry.  But when an invention is said to be novel? An invention is new if it is not in the public domain by publication in any document or used in the country or anywhere in the world before the date of filing of patent application with full specification.  

As per the criteria for filing a patent- MICROORGANISMS in their NATIVE or ORIGINAL form cannot be patented as such!

With the advancement in the field of Microbiology and Biotechnology, Man has been developing tailor-made microorganisms to exploit their economic potential.

Prior to 1980, Inventions pertaining to microorganisms and other biological entities were subject to product patents in India i.e patents were granted for processes and products obtained using microorganisms but no patents were given for microbes as such.

For example- Louis Pasteur received a U.S. Patent No 141072 for process of fermenting beer but no patent was given for the living entity “yeast” per say. However, in 1980, Ananda Mohan Chakrabarty developed a “genetically modified” bacterium capable of breaking down crude oil.  This property of degrading crude oil was not not found in the naturally occurring bacteria and thus this invention was thought to have significant value for cleaning up oil spills.

Ananda Mohan Chakrabarty filed a US Patent for this genetically modified bacteria but his claim on a living entity was rejected by USPTO (United States Patent and Trademark Office). But the Supreme Court decision went in the favor of Ananda Chakrabarty. The Supreme Court stated that new microorganisms not found in nature were either ‘manufactured’ or ‘composition of matter’. The ‘product of nature’ objection therefore failed and Ananda Mohan Chakrabarty was granted US Patent No. 4,259,444 in 1981.

Thus, Genetically Modified Microorganisms are PATENTABLE!

However, when an invention involves a microorganism, completely describing said invention in the description to enable a third person put the invention into practice becomes difficult.  It would be virtually impossible to describe the microbial strain, its isolation, selection and modification to guarantee that the other person will obtain the same strain from the same environment. In such a situation, the microorganism itself will form an essential part of the disclosure and a sample of the microorganism must be deposited in a recognized institution for its availability to the public.

But while drafting a patent application, it has to be taken care that the description part of the patent application must enable a person skilled in the relevant area of technology to put the invention into practice.

In order to patent an invention involving microorganism in several countries, it is necessary not only to file a written description but also to deposit a sample of the microorganism with a specialized institution.

Because the handling and preservation of microorganisms require special expertise and equipments, such a process of depositing microorganism with a specialised institute for every country is complex and costly.

The “BUDAPEST TREATY” is an International Treaty administered by World Intellectual Property Organization (WIPO), signed in Budapest, Hungary in 1977 and came into force in 1980. The treaty allows or requires the Contracting States (80 Contracting Parties) to deposit a sample of microorganism for the purpose of patent with any Internationally recognized authority (IRA) irrespective of whether such authority is on or outside the territory of the said State. This means that it is no longer required to submit microorganisms to each and every national authority in which patent protection is required no longer exists.

There are 80 Contracting Parties of Budapest Treaty. For the list of Contracting States of Budapest Treaty refer to-

 http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=7

There are 46 on record INTERNATIONAL DEPOSITARY AUTHORITIES (IDA) under article 7 of the Budapest Treaty. For the list of INTERNATIONAL DEPOSITARY AUTHORITIES (IDA) under article 7 of the Budapest Treaty refer to-

http://www.wipo.int/export/sites/www/treaties/en/registration/budapest/pdf/idalist.pdf

However the depositor should, in particular, ensure that the deposit is made in the name of the applicant for the patent and a sample of the microorganism is deposited to an International Depositary Authority before filing the patent application. There should be sufficient time for delays in the mail or customs formalities (if the sample is being sent by mail). If the sample is found to be non-viable by the International Depositary Authority (IDA), a replacement sample has to be provided by the applicant for the patent.

India became a member of Budapest Treaty on 17 December 2001. In India, Microbial Type Culture Collection and Gene Bank (MTCC) at the Institute of Microbial Technology (IMTECH), Chandigarh, is a recognized International Depository Authority (IDA) of microorganisms.

Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts
Copyright Lawyer India, intellectual property strategist, INTELLECTUAL PROPERTY STRATEGY

International Copyright Filing Services

Creativity is intelligence having fun. People admire intelligence, and they are always attracted to fun—so the combination is fantastic. Having said that one has to protect creativity by filing for copyright protection for the creative work. The purpose of filing international copyright application is to protect your Creativity in multiple countries which ACTS as an EVIDENCE in case of copyright work infringement.

International Copyright

 

Purpose of filing international copyright application is to protect your Creativity in multiple countries which ACTS as an EVIDENCE in case of copyright work infringement.

The Berne Convention for the Protection of Literary and Artistic Works (1886) is an International Agreement which deals with the protection of the literary and artistic work of the authors. The Berne Convention has 174 contracting parties/member countries and works on three basic concepts-

i) Works originating in a member state receive the same protection in each of the other member states. This is called as the principle of “National Treatment”.

ii) Under Berne Convention, no preconditions or formalities are required for the protection of work  by law. This is known as the principle of “automatic protection”.

iii) According to the principle of “Independence of protection” the protection in each member state is governed by the state’s own domestic law i.e the legal protection of work in a country is independent of the existence of protection in the other country.

Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts
What can be protected using copyright?

The protection of the literary and artistic work under Berne Convention is applicable to nationals and residents of countries that are member to the convention. To obtain a copyright in different countries which are member to the Berne Convention, copyright is to be filed simultaneously (within 30 days) in all the countries in which legal protection rights are to be obtained.

Member Nations to the Berne Convention for the Protection of Literary and Artistic works (1886)

Contracting Party Signature Instrument In Force Detail
Albania Accession: December 2, 1993 March 6, 1994 Details
Algeria Accession: January 19, 1998 April 19, 1998 Details
Andorra Accession: March 2, 2004 June 2, 2004 Details
Antigua and Barbuda Accession: December 17, 1999 March 17, 2000 Details
Argentina Accession: May 5, 1967 June 10, 1967 Details
Armenia Accession: July 19, 2000 October 19, 2000 Details
Australia Declaration of Continued Application: April 14, 1928 April 14, 1928 Details
Austria Accession: September 11, 1920 October 1, 1920 Details
Azerbaijan Accession: March 4, 1999 June 4, 1999 Details
Bahamas Declaration of Continued Application: July 5, 1976 July 10, 1973 Details
Bahrain Accession: November 29, 1996 March 2, 1997 Details
Bangladesh Accession: February 4, 1999 May 4, 1999 Details
Barbados Accession: March 16, 1983 July 30, 1983 Details
Belarus Accession: September 12, 1997 December 12, 1997 Details
Belgium September 9, 1886 Ratification: September 5, 1887 December 5, 1887 Details
Belize Accession: March 17, 2000 June 17, 2000 Details
Benin Declaration of Continued Application: January 3, 1961 August 1, 1960 Details
Bhutan Accession: August 25, 2004 November 25, 2004 Details
Bolivia (Plurinational State of) Accession: August 4, 1993 November 4, 1993 Details
Bosnia and Herzegovina Declaration of Continued Application: June 2, 1993 March 1, 1992 Details
Botswana Accession: January 15, 1998 April 15, 1998 Details
Brazil Accession: February 6, 1922 February 9, 1922 Details
Brunei Darussalam Accession: May 30, 2006 August 30, 2006 Details
Bulgaria Accession: December 5, 1921 December 5, 1921 Details
Burkina Faso Accession: April 26, 1963 August 19, 1963 Details
Burundi Accession: January 12, 2016 April 12, 2016 Details
Cabo Verde Accession: April 7, 1997 July 7, 1997 Details
Cameroon Declaration of Continued Application: September 21, 1964 January 1, 1960 Details
Canada Declaration of Continued Application: April 10, 1928 April 10, 1928 Details
Central African Republic Accession: May 31, 1977 September 3, 1977 Details
Chad Accession: August 4, 1971 November 25, 1971 Details
Chile Accession: April 9, 1970 June 5, 1970 Details
China Accession: July 10, 1992 October 15, 1992 Details
Colombia Accession: December 4, 1987 March 7, 1988 Details
Comoros Accession: January 17, 2005 April 17, 2005 Details
Congo Declaration of Continued Application: May 8, 1962 August 15, 1960 Details
Cook Islands Accession: May 3, 2017 August 3, 2017 Details
Costa Rica Accession: March 3, 1978 June 10, 1978 Details
Côte d’Ivoire Accession: July 8, 1961 January 1, 1962 Details
Croatia Declaration / Notification of Succession: July 28, 1992 October 8, 1991 Details
Cuba Accession: November 20, 1996 February 20, 1997 Details
Cyprus Declaration of Continued Application: February 24, 1964 August 16, 1960 Details
Czech Republic Declaration of Continued Application: December 18, 1992 January 1, 1993 Details
Democratic People’s Republic of Korea Accession: January 28, 2003 April 28, 2003 Details
Democratic Republic of the Congo Declaration of Continued Application: October 8, 1963 June 30, 1960 Details
Denmark Accession: June 13, 1903 July 1, 1903 Details
Djibouti Accession: February 13, 2002 May 13, 2002 Details
Dominica Accession: May 7, 1999 August 7, 1999 Details
Dominican Republic Accession: September 24, 1997 December 24, 1997 Details
Ecuador Accession: July 8, 1991 October 9, 1991 Details
Egypt Accession: March 2, 1977 June 7, 1977 Details
El Salvador Accession: November 18, 1993 February 19, 1994 Details
Equatorial Guinea Accession: March 26, 1997 June 26, 1997 Details
Estonia Accession: July 26, 1994 October 26, 1994 Details
Fiji Declaration of Continued Application: December 1, 1971 October 10, 1970 Details
Finland Accession: March 23, 1928 April 1, 1928 Details
France September 9, 1886 Ratification: September 5, 1887 December 5, 1887 Details
Gabon Accession: December 19, 1961 March 26, 1962 Details
Gambia Accession: December 7, 1992 March 7, 1993 Details
Georgia Accession: February 16, 1995 May 16, 1995 Details
Germany September 9, 1886 Ratification: September 5, 1887 December 5, 1887 Details
Ghana Accession: July 11, 1991 October 11, 1991 Details
Greece Accession: November 9, 1920 November 9, 1920 Details
Grenada Accession: June 22, 1998 September 22, 1998 Details
Guatemala Accession: April 28, 1997 July 28, 1997 Details
Guinea Accession: August 13, 1980 November 20, 1980 Details
Guinea-Bissau Accession: April 18, 1991 July 22, 1991 Details
Guyana Accession: July 25, 1994 October 25, 1994 Details
Haiti Accession: October 11, 1995 January 11, 1996 Details
Holy See Accession: July 19, 1935 September 12, 1935 Details
Honduras Accession: October 24, 1989 January 25, 1990 Details
Hungary Accession: February 14, 1922 February 14, 1922 Details
Iceland Accession: June 30, 1947 September 7, 1947 Details
India Declaration of Continued Application: April 23, 1928 April 1, 1928 Details
Indonesia Accession: June 5, 1997 September 5, 1997 Details
Ireland Accession: October 5, 1927 October 5, 1927 Details
Israel Accession: December 14, 1949 March 24, 1950 Details
Italy September 9, 1886 Ratification: September 5, 1887 December 5, 1887 Details
Jamaica Accession: September 28, 1993 January 1, 1994 Details
Japan Accession: April 18, 1899 July 15, 1899 Details
Jordan Accession: April 28, 1999 July 28, 1999 Details
Kazakhstan Accession: January 12, 1999 April 12, 1999 Details
Kenya Accession: March 11, 1993 June 11, 1993 Details
Kuwait Accession: September 2, 2014 December 2, 2014 Details
Kyrgyzstan Accession: April 8, 1999 July 8, 1999 Details
Lao People’s Democratic Republic Accession: December 14, 2011 March 14, 2012 Details
Latvia Accession: May 11, 1995 August 11, 1995 Details
Lebanon Accession: February 19, 1946 September 30, 1947 Details
Lesotho Accession: June 27, 1989 September 28, 1989 Details
Liberia Accession: December 8, 1988 March 8, 1989 Details
Libya Accession: June 28, 1976 September 28, 1976 Details
Liechtenstein Accession: July 20, 1931 July 30, 1931 Details
Lithuania Accession: September 14, 1994 December 14, 1994 Details
Luxembourg Accession: June 20, 1888 June 20, 1888 Details
Madagascar Declaration of Continued Application: February 11, 1966 January 1, 1966 Details
Malawi Accession: July 12, 1991 October 12, 1991 Details
Malaysia Accession: June 28, 1990 October 1, 1990 Details
Mali Declaration of Continued Application: March 19, 1962 March 19, 1962 Details
Malta Declaration of Continued Application: May 29, 1968 September 21, 1964 Details
Mauritania Accession: October 16, 1972 February 6, 1973 Details
Mauritius Accession: February 9, 1989 May 10, 1989 Details
Mexico Accession: May 9, 1967 June 11, 1967 Details
Micronesia (Federated States of) Accession: July 7, 2003 October 7, 2003 Details
Monaco Accession: May 30, 1889 May 30, 1889 Details
Mongolia Accession: December 12, 1997 March 12, 1998 Details
Montenegro Declaration of Continued Application: December 4, 2006 June 3, 2006 Details
Morocco Accession: June 16, 1917 June 16, 1917 Details
Mozambique Accession: August 22, 2013 November 22, 2013 Details
Namibia Declaration of Continued Application: September 21, 1993 March 21, 1990 Details
Nepal Accession: October 11, 2005 January 11, 2006 Details
Netherlands Accession: October 9, 1912 November 1, 1912 Details
New Zealand Declaration of Continued Application: April 26, 1928 April 24, 1928 Details
Nicaragua Accession: May 23, 2000 August 23, 2000 Details
Niger Declaration of Continued Application: May 2, 1962 August 3, 1960 Details
Nigeria Accession: June 10, 1993 September 14, 1993 Details
Niue Accession: June 24, 2016 September 24, 2016 Details
Norway Accession: April 13, 1896 April 13, 1896 Details
Oman Accession: April 14, 1999 July 14, 1999 Details
Pakistan Accession: June 4, 1948 July 5, 1948 Details
Panama Accession: March 8, 1996 June 8, 1996 Details
Paraguay Accession: September 9, 1991 January 2, 1992 Details
Peru Accession: May 20, 1988 August 20, 1988 Details
Philippines Accession: June 29, 1950 August 1, 1951 Details
Poland Accession: January 28, 1920 January 28, 1920 Details
Portugal Accession: March 29, 1911 March 29, 1911 Details
Qatar Accession: April 5, 2000 July 5, 2000 Details
Republic of Korea Accession: May 21, 1996 August 21, 1996 Details
Republic of Moldova Accession: August 1, 1995 November 2, 1995 Details
Romania Accession: August 28, 1926 January 1, 1927 Details
Russian Federation Accession: December 9, 1994 March 13, 1995 Details
Rwanda Accession: November 3, 1983 March 1, 1984 Details
Saint Kitts and Nevis Accession: January 3, 1995 April 9, 1995 Details
Saint Lucia Accession: May 21, 1993 August 24, 1993 Details
Saint Vincent and the Grenadines Accession: May 29, 1995 August 29, 1995 Details
Samoa Accession: April 21, 2006 July 21, 2006 Details
Sao Tome and Principe Accession: March 14, 2016 June 14, 2016 Details
Saudi Arabia Accession: December 11, 2003 March 11, 2004 Details
Senegal Accession: June 30, 1962 August 25, 1962 Details
Serbia Declaration of Continued Application: September 19, 2006 April 27, 1992 Details
Singapore Accession: September 21, 1998 December 21, 1998 Details
Slovakia Declaration of Continued Application: December 30, 1992 January 1, 1993 Details
Slovenia Declaration of Continued Application: June 12, 1992 June 25, 1991 Details
South Africa Declaration of Continued Application: October 3, 1928 October 3, 1928 Details
Spain September 9, 1886 Ratification: September 5, 1887 December 5, 1887 Details
Sri Lanka Declaration of Continued Application: July 20, 1959 February 4, 1948 Details
Sudan Accession: September 28, 2000 December 28, 2000 Details
Suriname Accession: November 16, 1976 February 23, 1977 Details
Swaziland Accession: September 14, 1998 December 14, 1998 Details
Sweden Accession: July 8, 1904 August 1, 1904 Details
Switzerland September 9, 1886 Ratification: September 5, 1887 December 5, 1887 Details
Syrian Arab Republic Accession: March 11, 2004 June 11, 2004 Details
Tajikistan Accession: December 9, 1999 March 9, 2000 Details
Thailand Accession: June 17, 1931 July 17, 1931 Details
the former Yugoslav Republic of Macedonia Declaration / Notification of Succession: July 23, 1993 September 8, 1991 Details
Togo Accession: January 28, 1975 April 30, 1975 Details
Tonga Accession: March 14, 2001 June 14, 2001 Details
Trinidad and Tobago Accession: May 16, 1988 August 16, 1988 Details
Tunisia September 9, 1886 Ratification: September 5, 1887 December 5, 1887 Details
Turkey Accession: October 27, 1951 January 1, 1952 Details
Turkmenistan Accession: February 29, 2016 May 29, 2016 Details
Tuvalu Accession: March 2, 2017 June 2, 2017 Details
Ukraine Accession: July 25, 1995 October 25, 1995 Details
United Arab Emirates Accession: April 14, 2004 July 14, 2004 Details
United Kingdom September 9, 1886 Ratification: September 5, 1887 December 5, 1887 Details
United Republic of Tanzania Accession: April 25, 1994 July 25, 1994 Details
United States of America Accession: November 16, 1988 March 1, 1989 Details
Uruguay Accession: June 7, 1967 July 10, 1967 Details
Uzbekistan Accession: January 19, 2005 April 19, 2005 Details
Vanuatu Accession: September 27, 2012 December 27, 2012 Details
Venezuela (Bolivarian Republic of) Accession: September 20, 1982 December 30, 1982 Details
Viet Nam Accession: July 26, 2004 October 26, 2004 Details
Yemen Accession: April 14, 2008 July 14, 2008 Details
Zambia Accession: September 13, 1991 January 2, 1992 Details
Zimbabwe Declaration / Notification of Succession: September 18, 1981 April 18, 1980 Details

India became a member of Berne Convention on 1st April 1928 whereas United States of America joined Berne Convention on 16th November 1988. Other countries like Malaysia (28th June 1990), Singapore (21st September 1998), China (10th July 1992), and United Kingdom (5th September 1887) became a member of Berne Convention on the respective dates.

 

How do you get a copyright on something?
How to register a copyright?

Copyright filing in India

Filing of application (offline/online) along with fee (Demand draft/ online payment/ postal order)

http://copyright.gov.in/frmFeeDetailsShow.aspx

S.No.For an application for COMPULSORY LICENSE :

For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A) Rs. 5,000/- per work

For a license to communicate an any work to the public by Broadcast(Section 31(1)(b)) Rs. 40,000/- per applicant/per sataton

For license to republish a Cinematograph Film (Section 31) Rs. 15,000/- per work

For a license to republish a sound recording (Section 31) Rs. 10,000/- per work

For a license to perform any work in public (Section 31) Rs. 5,000/- per work

For a license to publish or communicate to the public the work or translation (Section 31A) Rs. 5,000/- per work

For a license to publish any work in any format useful for person with disability (Section 31 B) Rs. 2,000/- per work

For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language  (Section 32 & 32-A ) Rs. 5,000/- per work

copyrights, trademarks, and patents are frequently used interchangeably, they are different forms of protection for intellectual property
What Is a Copyright?

For an application for registration or copyright in a:

(a) Literary, Dramatic, Musical or Artistic workRs. 500/- per work

(b) Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) Rs. 2,000/- per work

For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:

(a)Literary, Dramatic, Musical or Artistic workRs. 200/- per work

(b)Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) Rs. 1,000/- per work

For an application for registration of Copyright in a Cinematograph Film (Section 45) Rs. 5,000/- per work

For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45) Rs. 2,000/- per work

For an application for registration of copyright in a Sound Recording (Section 45) Rs. 2,000/- per work

For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45) Rs. 1,000/- per work

For taking extracts from the indexes (Section 47) Rs. 500/- per work

For taking extracts from the Register of Copyrights (Section 47) Rs. 500/- per work

For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47) Rs. 500/- per copy

For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board Rs. 500/- per Copy

For an application for prevention of importation of infringing copies (Section 53) per place of entry Rs. 1,200/- per work 

List of documents required

(Reproduced from http://copyright.gov.in/Default.asp

 

How do you get a copyright on something?
Copyright: Definition, Protections, & Duration
Artistic Work 2 Copies of work  

DD/IPO of Rs. (as applicable) per work  

NOC from author if applicant is different from author.  

NOC from publisher if work published and publisher is different from applicant.  Search Certificate from Trademark Office (TM -60) if the work is being used on goods or capable of being used on the goods.  

NOC from person whose photograph appears on the work.  

If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Cinematograph Film 2 Copies of work  

DD/IPO of Rs. (as applicable) per work  

NOC from various copyright holders or copy of agreement (deed of assignment).  

NOC from publisher if work published and publisher is different from applicant.  

If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Music 2 Copies of work (Graphical Notes)  

DD/IPO of Rs. (as applicable) per work  

NOC from publisher if work published and publisher is different from applicant.  

NOC from author if applicant is other than author.  

If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Literary/Dramatic 2 Copies of work  DD/IPO of Rs. (as applicable) per work  

NOC from publisher if applicant is other than publisher and work is published.  

NOC from author if applicant is other than author.

If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Sound Recording 2 Copies of work  DD/IPO of Rs. (as applicable) per work  

NOC from various copyright holders or copy of agreement (deed of assignment).  

NOC from publisher if work published and publisher is different from applicant.

If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney

Software 2 Copies of work  DD/IPO of Rs. (as applicable) per work  

NOC from author if author is different from applicant.  

NOC from publisher if work is published and publisher is different from applicant.  

If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney  Source code and object code of work for verification.

Copyright Registering Body India

Department Of Industrial Policy & Promotion Ministry of Commerce and Industry Address- G-30, August Kranti Bhawan Bhikaji Cama Place New Delhi-110066

Email Address  copyright@nic.in

Telephone No.- 011-26100118,19

Copyright filing in US

Requirements– A complete application form, application fee (non-refundable), copy of the work being registered.

Application Fee-

https://www.copyright.gov/circs/circ04.pdf

Registration Procedure-

https://www.copyright.gov/circs/circ01.pdf#page=7

Notice:

Footnote:

Copyright Registering body US

U.S Copyright Office

Location- Library of Congress,

James Madison Memorial Building,

101 Independence Avenue, S.E., Washington, D.C.

Websitehttp://www.copyright.gov

innovation and entrepreneurship in agriculture. Government to launch new scheme to boost agriculture startups
Agri Udaan Food lawyer, Agricultural Market Size, DIPP India, Foreign Direct Investment (FDI), Indian Patent Attorney, intellectual property strategist, Uncategorized

Food Agribusiness Accelerator Agri Udaan 2017

Entrepreneurship is an important engine of growth in the economy

Agri Udaan is a HUGE OPPORTUNITY for INDIA to Prosper just like FLIGHT of Prosperity

  • Identifying Startups which are able to help farmers in India to increase the yield by 2X.
  • How does innovation lower the cost of farming in India?
  • Interested in identifying processed innovation to increase agri and food productivity at grassroots level in India.

Use of Clean-tech and Renewable energy grassroots innovations to help farmers in India to increase the yield by 2X

Action Speaks louder than Words. Execute YOUR Business Model with Proper Strategy

India is geographically situated on the Indian subcontinent in south-central Asia, and is located in both the eastern and northern hemispheres. India bordered by the Arabian Sea, Bay of Bengal, Gulf of Mannar, Indian Ocean, and the countries of Pakistan, China, Nepal, Bhutan, Bangladesh and Burma (Myanmar).

India is an agricultural produce country.

In the current scenario in India’s economy agriculture plays a vital role. Moreover, in Bharat over 58 percent of the rural households depend on agriculture as their principal means of livelihood.

Agriculture, along with fisheries and forestry, is one of the largest contributors to the Gross Domestic Product (GDP).

According to Central Statistics Office (CSO), the share of agriculture and allied sectors (including agriculture, livestock, forestry and fishery) is expected to be 17.3 percent of the Gross Value Added (GVA) during 2016-17 at 2011-12 prices.

Need of the HOUR: Grass Root level Innovation

On the eve of India’s independence in the year 1947, Indian agriculture was characterized by feudal land relations and primitive technology, and the resultant low productivity per hectare.

Convert innovative ideas from India’s rural youth into viable businesses.

The first task of the government in the immediate post-independence period was to initiate a growth process in the modernization of agriculture, both in terms of technological and institutional changes.

Subramani, a biotech researcher and entrepreneur runs a successful startup that creates artificial flowers

India’s Mid-term Appraisal of the Tenth Five Year Plan (2002-07) drew attention to the loss of dynamism in agriculture and allied sectors after the mid-1990s.

India is the largest producer, consumer and exporter of spices and spice products. India’s fruit production has grown faster than vegetables, making it the second largest fruit producer in the world.

India’s horticulture output, is estimated to be 287.3 million tonnes (MT) in 2016-17 after the first advance estimate.

It ranks third in farm and agriculture outputs. Agricultural export constitutes 10 per cent of the country’s exports and is the fourth-largest exported principal commodity. The agro industry in India is divided into several sub segments such as

  • canned,
  • dairy,
  • processed food,
  • frozen food to fisheries, meat, poultry, and
  • food grains.

The Department of Agriculture and Cooperation under the Ministry of Agriculture is responsible for the development of the agriculture sector in India. It manages several other bodies, such as the National Dairy Development Board (NDDB), to develop other allied agricultural sectors.

Agricultural Market Size in India

India’s GDP is expected to grow at 7.1 per cent in FY 2016-17, led by growth in private consumption, while agriculture GDP is expected to grow above-trend at 4.1 per cent to Rs 1.11 trillion (US$ 1,640 billion). As per the 2nd Advance Estimates, India’s food grain production is expected to be 271.98 MT in 2016-17. Production of pulses is estimated at 22.14 MT.

India’s exports of basmati rice may rise to Rs 22,000-22,500 crore (US$ 3.42-3.49 billion), with volume to around 4.09 MT in 2017-18, backed by a rise in average realisations.

Wheat production in India is expected to touch an all-time high of 96.6 MT during 2016-17.

Groundnut exports from India are expected to cross 700,000 tonnes during FY 2016-17 as compared to 537,888 tonnes during FY 2015-16, owing to the expected 70 per cent increase in the crop size due to good monsoons.

India’s groundnut exports rose to 653,240 MT during April 2016-February 2017. India’s export of grapes to Europe and China are expected to increase by 10 to 20 percent this year on back of higher production on account of good monsoon and higher demand due to competitors such as Chile shifting focus to US market.

Spices exports from India grew by 9 per cent in volume and 5 per cent in value year-on-year to 660,975 tonnes and US$ 1.87 billion respectively, during April-December 2016.^

Investments

According to the Department of Industrial Policy and Promotion (DIPP), the Indian agricultural services and agricultural machinery sectors have cumulatively attracted Foreign Direct Investment (FDI) equity inflow of about US$ 2,315.33 million from April 2000 to December 2016.

Some major business investments and developments in agriculture are as follows:

  • India and Brazil have signed a bilateral investment agreement, aimed at enhancing cooperation in areas of agriculture, cattle genomics, ship building, pharmaceuticals, defence production, ethanol production and oil and gas, between the countries.
  • Zephyr Peacock, the India-focused private equity fund of US-based Zephyr Management, has invested an undisclosed amount in Bengaluru-based potato seeds firm Utkal Tubers India Pvt Ltd, which will be used to produce high-quality mini-tubers in a tissue culture laboratory and multiply them in its own development farms and through supervised contract farming in different regions of the country.
  • Mahindra Agri Solutions Ltd (MASL), a unit of Mahindra & Mahindra Ltd, has agreed to purchase 60 per cent stake in OFD Holding BV, a Netherlands-based fruit distribution company, for Rs 36 crore (EUR 5 million), which will provide MASL access to European and Chinese markets for Indian grapes.

Government Initiatives

Given the importance of the agriculture sector, the Government of India, in its Budget 2017–18, planned several steps for the sustainable development of agriculture-

  • Total allocation for rural, agricultural and allied sectors for FY 2017-18 has been increased by 24 per cent year-on-year to Rs 1,87,223 crore (US$ 28.1 billion). A dedicated micro-irrigation fund will be set up by National Bank for Agriculture and Rural Development (NABARD) with a corpus of Rs 5,000 crore (US$ 750 million). The government plans to set up a dairy processing fund of Rs 8,000 crore (US$ 1.2 billion) over three years with initial corpus of Rs 2,000 crore (US$ 300 million).
  • The participation of women in Mahatma Gandhi National Rural Employment Gurantee Act (MGNREGA) has increased to 55 per cent and allocation to the scheme has been increased to a record Rs 48,000 crore (US$ 7.2 billion) for FY2017-18.
  • Short-term crop loans up to Rs 300,000 (US$ 4,500) at subsidised interest rate of 7 per cent per annum would be provided to the farmers. An additional incentive of 3 per cent is provided to farmers for prompt repayment of loans within due date, making an effective interest rate for them at 4 per cent.

Some of the recent major government initiatives in the sector are as follows:

  • The NITI Aayog has proposed various reforms in India’s agriculture sector, including liberal contract farming, direct purchase from farmers by private players, direct sale by farmers to consumers, and single trader license, among other measures, in order to double rural income in the next five years. The Ministry of Agriculture, Government of India, has been conducting various consultations and seeking suggestions from numerous stakeholders in the agriculture sector, in order to devise a strategy to double the income of farmers by 2022.
  • The Maharashtra State Agriculture Marketing Board (MSAMB) has operationalised 31 farmer-to-consumer markets in the state, and plans to open 100 more such markets in the future, which would facilitate better financial remunerations for the farmers by allowing them to directly sell their produce in open markets.
  • The Ministry of Labour and Employment plans to amend the Minimum Wage Act to raise the daily minimum wage of unskilled agricultural labour in C-class towns to Rs 350 (US$ 5.2) in the central sphere, from the current wage of Rs 160 (US$ 2.4) per day.
  • The Central Government plans to open at least one Krishi Vigyan Kendra in all districts of the country, which will provide advanced agriculture technical assistance to the farmers near their farms itself.
  • The Government of Karnataka plans to invest around Rs 1 trillion (US$ 15.1 billion) for developing irrigation projects across the state to mitigate the impact of deficient rainfall and resulting drought on agriculture in recent years.
  • The Government of India and the Government of Israel have expressed their commitment to further strengthen bilateral relations in the field of agriculture and allied sectors, as well as enhance cooperation at the government-to-government and business-to-business levels between the two countries, in a bid to further enhance the relationship.
  • According to the Agriculture Ministry, 50,000 hectares of area is available for coconut cultivation in Bihar, the Coconut Development Board plans to equip the farmers thus making India the world leader in production, productivity, processing for value addition and export of coconut.

Road Ahead

The agriculture sector in India is expected to generate better momentum in the next few years due to increased investments in agricultural infrastructure such as irrigation facilities, warehousing and cold storage. Factors such as reduced transaction costs and time, improved port gate management and better fiscal incentives would contribute to the sector’s growth. Furthermore, the growing use of genetically modified crops will likely improve the yield for Indian farmers.

India is expected to be self-sufficient in pulses in the coming few years due to concerted efforts of scientists to get early-maturing varieties of pulses and the increase in minimum support price.

Success Agri Startup in India

Unique Artificial Flowers
Artificial flowers owned by Natures Own Company uses hygroscopic paper, or paper that retains moisture, to give the flowers a natural feel. According to Ramachandrappa who owns enzymes formulation company in Bangalore says that the choice of hygroscopic paper to make the flowers was quite by accident. He has earlier worked with biotech companies like Biocon and Novozymes.

Natures Own has applied for patenting the technology and the cost of the paper has been worked out at $4 a kg. It claims that making any variety of flower is a distinct possibility and the longevity of the flowers will be anything between six months and one year.

It has set its sights on the US market to begin with, and plans to tap it by tying up with prime-time American florists and then gradually reaching the shelves of premium supermarkets and mass supermarkets.

Shelf Life
Kaushal Khakkar, Ramachandrappas colleague in the venture, feels that the product can be easily differentiated from artificial flowers We wish to position it as a premium product that will be retailed through supermarkets in the US, Khakkar says.

The flowers will have a shelf life of roughly six months after unpacking, claims Natures Own. Even after six months the moisture retention capability will still be there but due to the accumulation of dust and the normal wear and tear we are presuming that the appeal of the flowers will go down after six months, says Ramachandrappa.

According to the data pooled by the company, the world marketsize for flowers is $50 billion of which artificial flower market is pegged at $5 billion and the rest belongs to natural flowers. Natures Own sees competition emanating from natural flowers, artificial flowers and other gift items.

The company plans to market the flowers on the plank of low replacement cost and low opportunity cost for customers who will physically go and pick up the flowers for themselves. The company is eyeing institutional sales like hotel chains, corporate offices, airports and educational institutions to promote the flowers initially.

Emerging Trends
Another interesting trend that Natures Own is banking on is the mixing of natural flowers with artificial ones. This is a trend that is picking up, especially in hotels. Here too, the replacement cost is extremely low. With our flowers looking more natural we see artificial flowers constituting 60 per cent in a bouquet, says Ramachandrappa. The flowers can also be used as an aid in tissue culture because of their moisture retention capability. The flowers can be used as a substrate on which tissue culture propagation can be made as it is extremely sterile.

This property may come in handy for practising horticulture as saplings can be exported to countries like Australia, New Zealand and the US using the hygroscopic paper instead of soil. These countries prohibit the import of saplings bundled with soil to keep out foreign organisms.

Software Iot Business Entrepreneur & Product Strategist for IPR Business in India

 

EAST OR WEST INDIA IS THE BEST

Prity Khastgir is a techno-savvy patent attorney in India with 12 yrs++ of experience working with clients across the globe. Her areas of expertise are IP portfolio research, cross-border technology transactions, licensing agreements, product clearance, freedom-to-operate, patent infringement & invalidity analysis, research & opinions.

Currently, she helps startups to raise funds, assists foreign companies to find right business partners in India. She also assists enterprises to enter and find the right angels, and VCs in Malaysia, Singapore, US, UK, Japan and India. Here, she answers questions about IP career prospects in India, in her Face-to-face interaction with Reetu Mehta. Click Here

 

Disclaimer: This information has been collected through secondary research and IBEF is not responsible for any errors in the same.

How to Patent Your Business Idea: A Step by Step Guide
brand trademark, Indian Patent Attorney, intellectual property strategist, INTELLECTUAL PROPERTY STRATEGY, MARKET ENTRY strategy, Patent Filing India, Patent Innovative Ideas, strategic business advice

Protect YOUR Creativity : #Invent & Experiment

How do you Patent a Business Idea for a Fruitful Startup Business Strategy ?

Creativity is inventing, experimenting, growing, taking risks, breaking rules, making mistakes and having FUN. -Mary Lou Cook

How do you Patent a Business Idea for a Successful Business Venture?

An IDEA IS CONCEIVED by the genius mind to solve existing problem. The word “invention” is termed to the idea conceived at the ideation stage when the inventor is able to solve existing problem in the market. Problem can be personal or can be applicable to the large masses.

When a business entity like Fortune 100 company is able to resolve existing technology in the same domain the problem is UNIVERSAL and applicability is worldwide.

We as innovators and inventors are programmed to understand different patterns existing around us. CHANGE is EVERYWHERE and inevitable truth of LIFE. As an inventor or a startup we should realise the importance of protecting innovative ideas.

When the invention is applicable worldwide it is advisable by the expert patent attorney to file international patent before WIPO, Geneva under the PCT patent route

DO YOU have a GREAT IDEA for a SUCCESSFUL Business Venture?

So, if the ANSWER is YES…YOU have already taken the first step to protect your idea for a successful business !!

Now you must be wondering what if someone else comes up with something similar. BEST SOLUTION to such thoughts is to Patent a Business Idea.

Patent a Business Idea in India * Patent a Business Idea in USPTO

Technically, you can’t patent an idea for a business. For example, if you have a unique idea for an online store or a new chain of themed restaurants. However, you may be able to protect and patent a method of doing business and solving a problem– if it meets very specific patent criteria and patent requirements.

Ideas are valuable and throughout history innovative ideas have been copied or stolen by the third parties.

Instead of letting other business entity go away with your great INNOVATIVE IDEA and make a fortune $$$$$$, you as an inventor or innovator should protect your idea by filing a patent.

Patent a Business Idea

Technically ideas themselves cannot be patented. When you take an idea and with intangible force turn the idea into an invention or process (PROTOTYPE is ready) that meets specific patent criteria and patent requirements. Irrespective whether the idea is small or big, the innovation can be protected by filing patents which is a form of intellectual property right. YES, IDEAS can be patented with the right intent and content will be prepared by our THINKING GEEKS at TCIS, India.

A patent can help you remain competitive in your for 20 years field and give you an edge on your business rivals.

According to YOUR invention / idea YOU can apply for a Utility patent or an Industrial Design patent

Utility patents in USPTO are granted to inventions that pertains to a new and useful process or useful improvements of a process, machine, article of manufacture or composition of matter.

Design patents are given for new and original designs for an article of manufacture. Under industrial design protection the ornamental looks of the article can be protected. The timeline for registration in India is nine months from the date of the industrial design filing in India.

FOR A SUCCESSFUL STARTUP BUSINESS VENTURE HAVE A PROPER INTELLECTUAL PROPERTY STRATEGY IN PLACE:

Patent a Business Idea

As an inventor, you can file a provisional patent application or a non-provisional patent application before the patent office in home country. As an innovator you can write provisional patent and file provisional patent application in a quick way to protect your invention if it is in the abstract / prototype stage.

The provisional patent application will establish an early patent filing date. But a patent will be issued only after a non-provisional application is filed for the same within an year of filing a provisional application with a complete set of patent claims.

UNIVERSAL INTELLECTUAL PROPERTY PATENT STRATEGY

YOUR invention “SHOULD ” be Novel, Non-Obvious and should have industrial technology application”

If your idea with proper elements fulfils all the patent requirements to apply for a patent, and there are no other previously filed patents claiming the same elements in the patent claims, then it’s time to apply for patent before the patent office.

Patent writing and patent filing work is intellectual in nature. Hire and select your patent attorney wisely. From a strategic business point it is advisable to seek legal counsel and patent advice before filing a patent and get patent professional involved for writing patent claims and file patent before the patent office.

Indian Patent filing & International Patent filing involves the following patenting steps:

  • Action Plan Strategy Step 1: Pen down your invention with as much detail as possible including drawings/ diagrams that explain the working or concept of invention.
  • Action Plan Strategy Step 2: Next step is to find out if the invention meets all the patentability step criteria for the country in which the patent application has to be filed.
  • Action Plan Strategy Step 3: Writing patent and drafting the provisional patent / non-provisional patent application with patents depending on the stage of your invention. If you are at the stage where you have complete information about your invention then you can directly go for complete specification.
  • Action Plan Strategy Step 4: Up on patent filing the complete patent specification along with application for patent, the patent application is published after 18 months of first patent filing date.
  • Action Plan Strategy Step 5: A patent request for examination is filed after which the patent application is examined by a patent examiner and the examiner issues a first examination report to the patent lawyer representing the patent client.
  • Action Plan Strategy Step 6: The inventor and patent professional create and send a response to the examination in order to clear all the objections of the patent examiner.
  • Action Plan Strategy Step 7: After all the patent objections are explained and the patent examiner is of the view that the patent can be granted for the invention a formal letter is issued to the patent inventor. The patent is granted by the patent office and is published in the patent journal.
obtain patents for your innovation Idea technology in India
intellectual property strategist, MARKET ENTRY strategy, patentability database

Patent search outsourcing India Services for Idea Protection | Indian Patent Search Cost & Legal Analysis Opinion

Patent search outsourcing India is cost effective to global inventors who want to register technology as patents. Flat fee cost for every patent searching after reviewing the technology details provided by the client.

obtain patents for your innovation Idea technology in India

TCIS, India is pioneer in providing QUALITY patent searches. WE believe utilizing best patent practices established by USPTO patent attorneys and experts in Intellectual property field who are part of our THINK GEEK team. Our THINK GEEK team of expert patent professionals who are Intellectual property lawyers provide problem solving approach to local innovators and foreign clients.

We at TCIS, India provide patentability search reports. Our intellectual property experienced research team of THINK GEEK enthusiasts reviews and examines foreign USPTO inventions, Indian patents, Korean patents, Japanese patents, Chinese patents filed before the patent office and other foreign patents as well as non-patent prior art literature.

We at TCIS, India serve businesses who want to enter India and launch their patent worthy products in Indian market. Getting a formal legal opinion on freedom to operate from expert Indian patent lawyer can save you MILLION DOLLARS cost in litigation in the long run. Our techno-legal team provide patent research services to patent attorneys, startup businesses and independent inventors.

Our 50+ patent searchers search over 100 million patents ++ and patent applications from 140 ++ foreign countries using the updated foreign patent databases (WIPO) online.

Patent Search Services for your Startups *Benefits of a Legal Analysis & Patent Opinion by Patent Attorney

Our patent legal opinion and analysis provide problem solution approach to client which provide them an edge over their competitors. Since our inception we have performed numerous patent searches for hundreds of clients providing them with results which help them anticipate future improvements in light of prior art patent results identified in the process of patent searching. Our team of patent lawyers and patent agents conduct inventor’s interview. The process of  inventor’s interview includes discussion between the inventor and patent attorney to come to a conclusion as to what is the problem solution of the current invention and write a problem solution statement.

Invention analysis by a patent lawyer provides the client to create an intellectual property strategy framework that provides an edge in business operation.

The job of a patent expert is to find important patents with in-depth legal analysis, and prompt service. Schedule a call today to discuss your idea and market entry strategy.

Benefits of Patent Searchers * Patent Search Outsourcing India Services for Every Idea

Work on important aspects of your business and increase productivity of your research by outsourcing state of the art patent search requests.

Any research needs a lot of cash flow and it is expensive. One can optimise the Research & Development project cost with comprehensive prior art searching by professional patent researcher.

Identify relevant patent data present in public when faced with patent litigation and patent infringement.

Idea inception to execution is to launch products to market more quickly using the USPTO “Accelerated Examination” program in United States.

Getting patent and non-patent searching in a foreign language using foreign patent databases for example Japanese, Korean and Chinese language.

Cost of Patent Search Outsourcing to Indian Patent Searchers

The cost of patent searching depends upon the complexity of the invention as number of working hours has to be calculated before providing a flat fee quote. If any patent company is providing flat fee cost of dollar USD 300 for any technology search, be careful as you may be investing in cheap patent search service which doesn’t solve the purpose of getting a patent search.

obtain patents for your innovation Idea technology in India

DO YOU want to obtain patents for your innovation / Idea / technology ? Review the present positive law rules for obtaining patents in ANY COUNTRY

Action Plan Execution Step 1: Providing Invention disclosure form (IDF) to the inventor.

Action Plan Execution Step 2: Reading the details of the invention disclosure form by the patent attorney and/ or patent associate to understand the inventive technology.

Action Plan Execution Step 3: Identifying problem solution approach from the patent related document provided by the inventor.

Action Plan Execution Step 4: Identifying the inventive patentable claim concept of the idea /invention.

Action Plan Execution Step 5: Analysis of the Invention and CORE concept and writing down the patent keywords which will be used for patent searching in patent database.

Action Plan Execution Step 6: Patent keyword research in different online platforms, important patent inventor name search, patent classification (IPC, USPC), patent family search in patent databases.

Getting your MARKET ENTRY strategy reviewed by our patent professionals. We at TCIS, India provide in-depth patent search services by patent search outsourcing India team of patent strategists who are experts and have experience in performing more than 1000+ patent searches. Schedule a call today to discuss your idea and market entry strategy with our experienced team of patent lawyers who are here to serve you.

Your research for best intellectual property strategist for protecting YOUR Invention ends here.