TYPES: Patents, Trademark, Industrial Designs. Copyright
PATENT
Types of patent applications:
1. Provisional application
2. Ordinary or Non-provisional application
3. PCT International application
4. PCT National Phase application
5. Patent of Addition
6. Divisional Application
Step 1: Fill an Invention Disclosure Form - provide basic information about the invention you want to file a patent for
Step 2: We will conduct a prior art search to ensure your invention is not infringing prior works
Step 3: Patent drafting - provisional specification (if you want to get a prior date and subsequently finish your invention) or a complete specification (if you’re ready with your invention)
Step 4: Submit the application to IP India Office and later, International (PCT) Patent Filing (if desirable)
Step 5: Reply to First Examination Report
Step 6: Monitor the process, if no objections raised, issuance of patent certificate.
Term of protection:
20 years from the priority date
COPYRIGHT
Protect your review articles, research papers, books, computer programs, paintings, sculptures, advertisements, cinematographic films, musical works Your work acquires a Copyright automatically as you create it. The question then arises why do you need to get it registered?
Let’s look at some of the benefits you get as a Copyright owner:
1. Creates a public record - it tells the world that your work is copyrighted and establishes ownership.
2. You can take legal action against someone who infringes your work or sells it without your permission
3. Reward for your creativity - you can sell your work, license it, have it broadcasted, it could be translated or adapted into a different form of work (e.g., your book can be made into a movie). All of this requires the permission of the Copyright owner and you can avail monetary benefits of the same, thereby getting a reward for the hard work that was put in by you.
4. Term of Copyright - Copyright term lasts for the lifetime of the Copyright owner + 60 years after death. Procedure for registering Copyright:
1. Filing an application with the Copyright Office
2. Examination by the Copyright Office
3. If no objections are received, your Copyright will be Registered.
Benefits of US Copyright Registration:
It’s valid in 190+ countries.
TRADEMARK
Register your brand name, logo, Service mark, Collective mark Procedure:
Step 1: Trademark search
Step 2: Filing an application form
Step 3: Submitting the form to the Trademark Registry
Step 4: Monitoring the status of your application
International filing:
Registration in other countries of your choice via Madrid application
Term of Protection:
10 years, can be renewed indefinitely every 10 years on payment of additional fees
DESIGN
Procedure:
1. Filing of an application form (Form 1)
2. Name of the article to which design is applied
3. Class and subclass as per the Locarno classification which is applicable to the design
4. Representations illustrating the different views (front, rear, top, bottom and side) of the article (should be original)
5. A statement of novelty and disclaimer (if any)
6. If colour combination is an essence of a design, it shall be clearly depicted in the representation.
7. Examination of the application by the Design Office. Incase of no objections raised, issuance of the certificate.
Term of protection: 10 years from the priority date and can be renewed for further 5 years (Maximum duration: 15 years) International Protection: To register your design in various countries of your choice Hague System
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