How do you get something copyrighted? What are the right of copyrights?
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How to Copyright Website and Mobile Applications in India

What is Copyright?

Copyright, is an exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic , or musical material. Actually copyright is a legal right created by the law of a country that grants the creator of original work and given exclusive rights of its use and distribution, fora limited period of time

Copyright is a form of intellectual property, copyright are considered territorial rights,which means that they don’t extend beyond the territory of a specific jurisdiction.

It is a right which a person take for the protection of his business name which any other person didn’t take for the operation of business, as different person can do same business but the condition in copyright is that name shouldn’t be the same, as if it was, then the person who take the name of other person business for the operation of his business then it will be a offence and was punishable.

And now a days not only business like big brands, big restaurants, telecommunications etc, but websites are also involved in copyright act like Wikipedia, encyclopedia, yahoo.com, gmail.com, etc. they also make themselves register under copyright act for the exclusive rights through which websites make their names copyright and no other can take their names for the profitability, and now mobile applications are also there to register under the copyright act for the exclusive rights for the more profitability.

How to copyright ?

Following are steps of copyrighting;

Step 1: Filing the Application

Along with the requisite fee, an application needs to be submitted either in DD/IPO. Once this application is filed, a diary number is generated and issued to the applicant.

Step 2: Examination

There is a minimum wait of 30 days for recording and analysing any objections that may come up against the copyright application

a. In case of no Objection:

The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

1. In case of discrepancy found during scrutiny:

A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.

Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row.

Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

2. In case of zero discrepancy:

This would mean that the copyright application fulfil all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same.

(If the registration is not approved, then the applicant received a letter of rejection)

b. In case of an objection filed:

While we listed above the scenarios of ‘no objections’, in case one is faced with an objection, the following proceedings take place:

Authorities send out letters to the two concerned parties, trying to convince them to take back the objection. After requisite replies from the third party, the registrar conducts a hearing.

Depending on whether the registrar accepts the reply, the procedure takes shape

1. If the application is accepted:

The application being accepted means that the objection has been rejected. The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

2. In case of discrepancy found during scrutiny:

A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.

Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row.

Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

c. In case of zero discrepancy:

This would mean that the copyright application fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same. (If the registration is not approved, then the applicant received a letter of rejection)

d. If application is rejected:

In case this happens, then the applicant receives a rejection letter that marks the end of the copyright procedure.

Step 3: Registration

As can be seen from the aforementioned steps, the registration solely depends on the registrar. Once everything is cleared from the registrar’s end, the applicant received the copyright and can legally exercise all rights that come with the owner of that copyright.

 

 

Search and read the full text of patents from around the world with Google Patents, and find prior art in our index of non-patent literature.
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Why to file mobile app software patents?

 IS IT NECESSARY TO PATENT MOBILE APPLICATIONS?

Today in this era of Technology, the development in the field of mobile applications, has surpassed that of any consumer technology in history. Mobile application market is rapidly-expanding with the change in marketing strategy of businesses in 2017.  For reshaping the future of market and for the ease of consumers, top most companies across the globe are not just investing in advertising their product or services but they are  also developing mobile applications for their brands.India’s smartphone market is flourishing and it is fascinating to observe that people are adopting smart devices 10 times faster than that of the 80s PC revolution.

Software and Mobile Applications, including those sold in Apple’s App Store for the iPhone and the Android Market for Android phones, are an increasingly profitable market with huge commercial benefits. With the rise in commercial success of the App Store, Google Play, Samsung Apps, and the Windows Phone Store, mobile applications have increasingly been a hot topic for patent clients.

Mobile applications are similar to other software and business methods when it comes to patent eligibility and patentability, which effectively implies that Mobile Applications are patentable!!

Reach patent professionals, experts and companies for guidance and to select right match for your requirement.

Recently a mobile application patent US 20170265038  was filed claiming a GUIDING SYSTEM FOR POSITIONING TARGET OBJECT”. The mobile app idea relates to a guiding system for positioning a target object, which is capable of guiding a user of a mobile device to the position of the target object comprises an wireless positioning device configured on the target object, a plurality of base stations configured around the target object, a positioning server, and an application software built in the mobile device. The wireless positioning device sends wireless broadcasting signal to the base stations. The base stations measure the intensities of broadcasting signal and then send the broadcasting signal and the intensities to the positioning server. The positioning server calculates a locating area of the target object according to the broadcasting signal and the intensities, and then sends the locating area to the mobile device. The application software displays the locating area of the target object to guide the user of the mobile device to the locating area.

In order to validate Food Safety and pathogen destruction in food material a recent patent US 20170231417 was filed for an “Apparatus and Method of Temperature-Precise Culinary Processes Including Food Safety Verification”.

The application relates to an apparatus and method for control of temperature-precise culinary processes with real-time verification of food safety and pathogen destruction. The apparatus and method utilizes software process control for monitoring and recording input temperature sensors, controlling active relays for adjusting temperature according to set programmable recipes. A connector kit (local or in the cloud) or gateway module receives real time data from the sensors and relays, and enables communication of real time data with client applications. An automatic process interface (“API”) and a communication channel (“websocket”) enable the connector kit (local or in the cloud), mobile applications, a website and cloud to share data and instructions. The API also stores data for authentication of client applications communicating that information via the connector kit (local or in the cloud) or gateway module enabling execution of client applications; the viewing of live and historical data from sensors; thereby generating live and historically validated food safety data with means to verify pathogen destruction and safety.

A number of mobile health applications are being developed to cater the needs of patients. United States Patent Application 20170193164 titled “SYSTEM FOR THE DISTRIBUTED COLLECTION OF BRAIN HEALTH INFORMATION” provides a system for collecting medical data about a subject between visits to a health care professional. The system includes a medical records database that stores patient data for access by the health care professional and an interactive and distributed data collection system provided to a team of collaborators (doctors, parents, teachers, etc.) who are to collect data about the subject between visits to a health professional. The data collection system includes a plurality of mobile computing devices implementing a software application adapted to periodically collect symptoms data and activity data about the subject in response to prompts relating to the subject’s condition, to enable chat discussions amongst the team of collaborators about the symptoms and activities of the subject, and to periodically forward the collected data in a report to the medical records database.

United States Patent Application 20170180961 titled- “SYSTEMS AND METHODS FOR AGGREGATING MEDIA RELATED TO AN EVENT ” relates to a system for aggregating media which includes a server equipped with a processor and memory and having an event database associated with it which contains a plurality of events, wherein each of the plurality of events has a temporal window and geofence associated with it; and a plurality of users, each having associated therewith a mobile technology platform equipped with a display and a memory which communicates with the server. The memory of each mobile technology platform has an instance of a software application is installed which monitors the current location of the user, prompts the user to check into events present in the event database when the user enters a geofence associated with an event within the temporal window associated with the event, associates, with one of the plurality of events, media which was captured by the user while the user was checked into the one of the plurality of events and within the temporal window and geofence associated with the one of the plurality of events, and uploads the captured media to the server.

United States Patent Application 20170113747 titled- “ANTI-THEFT DEVICE FOR BICYCLES” pertains to an anti-theft device for a bicycle. It includes a tilt sensor attached to the bicycle wherein the tilt sensor has a tilt switch to detect upright orientation of the bicycle; a microcontroller, electrically connected to the tilt sensor; a transceiver, electrically connected to the microcontroller, which wirelessly transmits or receives signals; a computing device to wirelessly receive or transmit the signals; and a software application installed on the mobile computing device. If the tilt sensor detects an upright orientation of the bicycle, it sends a signal for the upright orientation to the microcontroller and the signal is forwarded to the software application. Then, the software application sends a warning to a user through a user interface. If the tilt sensor detects an upright orientation of the bicycle, it sends a signal for the upright orientation to the microcontroller and the microcontroller activates a warning beep to emit a high-pitched sound.

If you think your mobile app idea is worth filing a patent, we can assist you. We at Tech Corp International (TCIS, India) can help you determine what elements of your invention are actually patentable. To make this determination, we create a “patentability opinion”. This is done by performing a prior art search, in which we analyse the patent and non-patent literature in the public domain about potentially similar inventions. Our team of patent experts can help you in writing the patent application, especially taking into account the factor of how to broaden the patent claims.

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