CREATE, NOURISH AND FLOWER YOUR INTELLECTUAL PROPERTY DO NOT WAIT FOR IT TO BLOOM ON ITS OWN

EXPAND YOUR IP BASE                                          
EXPAND YOUR IP COVERAGE IN INDIA AND UTILISE THE PRESENT LAWS 

PATENTS:

  • Recent Patents Amendment provides for expansion in the scope of patenting of novel products and processes in India

  • Take care to analyze the subject of your patent proposal to ascertain its proper value and coverage under the present laws in India.

  • Strategiesed prosecution can assist in effective coverage and avoid multiplicity of applications under the amended laws.

  • This is the time to utilize the broadened scope of the amended laws to set guidelines for obtaining grant of challenging subjects under the Indian laws.

  • Presentation of technical details of an invention in a patent specification can have the effect of allowing or rejection. Take care!

  • Ensure emphasizing on inventive step in the disclosure apart from novelty since examination under the amended laws would require justification of inventive step.

  • The law now allows publication of pending applications after 18months from filing date. You can have better details of unaccepted and pending applications and have a copy of the full text if required.

TRADEMARKS:

  • You can now have your service marks registered in India apart from marks applied to goods in trade.

  • The definition of “Mark” under the new law in India includes shape of goods, packaging or combination of colours or any combinations thereof.

DESIGNS:

  • International Classification of Goods according to Locarno Agreement

  • Selection of class is important as is the identification of novel features in a design for effective coverage.

  • You can get articles (of the same class) usually sold together and having a common new design registered as a Set such as a Tea Set.

COPYRIGHT:

  • Registration not compulsory but preferred to establish title. India member of Berne Convention and also the Universal Copyright Convention.


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