Intellectual Property Law

Patent

A patent is a territorial statutory right that gives its owner the right to exclude others from making, using, selling and importing an invention for a limited period of years, in exchange for public disclosure of the invention and acquiring involves governmental fees.

Patent rights are granted on any invention whose subject matter is permitted in Patent Act as patentable and which qualifies the three prong test of novelty, capable of industrial application / utility and non-obviousness. Patent can be on both products and process.

Firm’s Expertise of Technical Fields 

  • Electrical, Electronics & Communications
  • Mechanical
  • Technology Equipments and Devices
  • Robotics
  • Biotechnology & Life Science
  • Material sciences
  • Software
  • Pharmaceuticals & Healthcare
  • Chemistry and Chemical Formulations
  • Information Technology
  • FMCG products & process

Patent Services 

  • Patent Searches- FTO, State of the art, Prior Art, Invalidation Searches
  • Patent Application Drafting
  • National Filings
  • PCT International Application Filings
  • PCT National Phase Filings
  • Patent prosecution
  • Deeds and Conveyance- Technology Transfer, Assignment, Licensing, Non-disclosure
  • Opposition- Pre Grant and Post Grant
  • Suit for infringement and injunction and damages
  • Patent Revocation
  • Action against counterfeit goods, search, seizure, raids, evidence collection
  • Strategy and opinion
  • Legal notices
  • Funding
  • Commercialisation of Technology

Trademarks

Trademark is a mark which identifies a particular source for goods and services, commonly known as brand. There are in 45 different classes of goods and service in which brand owner can register the mark. Trademark includes registration of brand name, business name, logo, design, etc., and can be multi-class / single class.

Trademark Services:

  • Trademark Search in India and in more than 122 Foreign Country
  • Guidance on adoption of trademark and description of goods & services
  • Trademark Prosecution & Provisional refusal
  • Trademark Registration in India
  • Trademark Filing and Registration in Foreign countries via Madrid Protocol
  • Renewal
  • Trademark Rectification of Registered Trademark
  • Cancellation of Registered Mark
  • Trademark Opposition proceedings – Notices, Counters, Evidence
  • Deeds and Conveyance – Assignment, Licensing, Franchise Agreement, Brand Licensing
  • Suit for trademark infringement & passing off and injunctions
  • Action against counterfeit goods, search, seizure, raids, evidence collection
  • Legal notices and others

Copyright

Copyright is an exclusive right of creator for his/ her creation includes Literary work, dramatic work, music and artistic work, cinematographic films, sound recordings, music, videos, software programs, database arrangement, logo design, etc. Copyright in any work subsist for a span of lifetime of the author plus 60 years after author’s death. Performer rights, broadcasting rights are also governed under Copyright law. 

Copyright Services

  • Copyright Registration in India and in Foreign Countries
  • Response to discrepancy letter/ prosecution
  • Rectification of registered copyright
  • Notices -Take down, Cease & Desists, etc.
  • Copyright infringement in internet/ cyber environment
  • Suit for infringements and injunctive reliefs and damages,
  • Royalty Disputes
  • Criminal proceedings for infringement of copyright, search and seizure, evidence collection
  • Deeds – Royalty sharing, Assignments, licensing, agreement of usage, agreements-shrinkwrap-clickwrap, disclaimers.

Designs

Design can be obtained almost on any article which is capable of commercialisation. Design covers look and feel of an article. Design has to be new, original and shall not be published anywhere prior to application for registration & shall not be prior registered in India.  Copyright of any registered design is initially for a period of 10 years from the date of application and thereafter extendable by another 5 years.

Design Services:

  • Design Search
  • Design Prosecution and Registration in India and in Foreign Countries
  • Renewals & Amendments of Registered Designs
  • Design Cancellation
  • Appeals
  • Suit for infringement and passing off and injunctions, piracy, etc.
  • Drafting of Deeds- Assignment, licensing deeds, Infringement notices etc

Geographical Indications

Geographical indication is a sign used on products that have a specific geographical origin and possess qualities or reputation that is due to its place of origin, with because of unique weather conditions and / or due to unique practise by the community of that region.

Geographical Indication (GI) Services:

  • Registration of GI
  • Office actions
  • Registration of Registered User

Plant Variety Protection

This provides for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants it has been considered necessary to recognize and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of the new plant varieties.

PVP Services

  • Registration of New varieties
  • Registration of farmer’s variety
  • DUS Testing coordination
  • Deeds- Assignment, licensing, technology transfer, etc.
  • Infringement issues