Delhi IP

Drafting patent application is most complicated task in the whole process of procuring a patent. In Patent application the applicant has to describe his invention and best method of performing it. At the same time, it should be drafted in a simple language so that a person skilled in the art can easily reproduce the claimed invention. Since, a patent application is a techno-legal document, it must disclose the invention in such a manner that a person of ordinary skill in the art (POSITA) can reproduce it. At the same time statement of claims defines the boundary of legal protection sought. Therefore, it is said that fate of a patent application depends upon its drafting. A well-drafted patent application takes lesser time to get granted. Further, the scope of granted claim can be comprehensive if the drafting has been done wisely. On the other hand, a poorly drafted patent application may lead to refusal of patent application or invalidation of patent. A patent application has followin...

It is not necessary; however, it is recommended to get yo brand registered as soon as you plan it. In case you are launching the product, then we would recommend you to please register to avoid the dilution of your brand; otherwise someone else may get your mark registered in their name, which will dilute your brand. We hope we answered all of your queries. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 Website:  www.delhiip.com Email:  info@delhiip.com

Patent provides monopoly rights to the inventors/patentees for a limited period of time and excluding others from its commercial exploitation. Since, patent rights are conferred by the state to the benefit of the inventors/patentees; however, it imposes certain duties over the inventors. Patent rights are enacted for encouraging technological development in the country along with welfare of its public. Like other laws, the interest of country has to be given utmost priority. The Indian Patent Law imposes duty upon its residents to obtain permission to file an application in foreign country in certain situations which are enshrined in section 39 of the Indian Patents Act, 1970. Section 39 of the Indian Patents Act, 1970, requires an Indian resident to obtain a foreign filing license (FFL) from Indian Patent Office (IPO) before it is filed before any foreign patent office. Such foreign filing license (FFL) is mandatory for Indian residents in case: If the Indian resident wants to apply f...

Yes, details such as address of services, proprietor or address thereof or logo/mark and description of goods and services can be amended anytime after filing trademark application; however, before the examination procedure by filing form TM-M. The official fee for such request is INR 900 per request. We hope we answered all of your queries. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 Website:  www.delhiip.com Email:  info@delhiip.com

PATENTABILITY SEARCH: There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility).An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application. For more information regarding patentability, click on the link below: Delhi IP  · February 10, 2023 What is Patentability/Novelty Search in Patents? There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility). The first and foremost prerequisite is novelty and then comes inventive-step (non-obviousness). Establishing industrial application (utility)is comparatively easier. An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application. Similarly, an invention is said to be inventive ...

Trademark Trademarks are governed by the Trademarks Act, 1999 ('Act') in India. The Act grants a registered trademark owner exclusive rights to use it and authorizes another entity to use it in return for a payment. A trademark is a word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services. Therefore, a trademark protects brands, logos, and slogans. For example - Coca-Cola® for soft drinks. A trademark registration protects the trademark from being registered by others without permission and helps you prevent others from using a trademark that is similar to yours with related goods or services. Trademark helps in branding your products or services and enables your marketing. A trademark: Identifies the source of your goods or services. Provides legal protection for your brand. Helps you guard against counterfeiting and fraud. The protection of your tr...

Patents and copyright provide exclusive rights to different types of Intellectual property. Everything is not eligible for patent or copyright protection; they may be eligible for different other types of intellectual property protection. In some cases, it may not qualify for any of the intellectual property or may be statutorily excluded from the eligibility to get intellectual property. Copyright is exclusive right to do or authorize others to do certain acts in relation to literary, dramatic or musical works; computer programme; artistic works; cinematograph film; sound recordings. This rights extends to acts not only to the whole of the work, but to any substantial part thereof or to any translation or adaptation thereof. However, Copyright does not protect functional aspects, ideas, processes, or methods. Patents provides an exclusive right to use or exercise an invention granted for a limited period (term of patent i.e., 20 years from the date of first filing) in consideration of...