Patent Registration in India | Intellectual Property for Entrepreneurship and Start-ups
Preparing provisional and complete specifications; Filing of Indian and PCT applications; Prosecution of Patent applications before the Indian Patent Office
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1. Patents: right to exclude others from manufacturing, using
or marketing an invention for a limited period; Brands are
built around patents e.g. Apple (iPod, iPhone, iPad)
2. Trademarks: words, symbols or devices - registered and
protected by law - a name, logo, or tag line e.g.
3. Copyrights: legal protection to authors for original works of
authorship – software (code), books, films, plays,
compositions
Intangible Assets
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Patent gives right to use and practice the claimed subject
matter
• Reality: There could exist a prior broader patent, so a
patent is NOT a defence to infringement of prior patent
• Strategy: Timely Freedom-to-Operate and Invalidity
Opinions from patent lawyer regarding third party patent rights
before commencing manufacture/sale/use of potentially
infringing process or product
Patents Myths-1
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A worldwide patent may be filed
• Must file individually / separately in each country where
protection is sought
Does International Patent protection exist ?
• Filing before WIPO is part of IPR Strategy whereby you are
increasing the time limit to enter in other countries. However,
no International protection is granted by WIPO.
Patents Myths-2
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Trademarks & Brands
1. Serve as source identifier for your goods and services
2. Having the right trademark ensures that business is both
marketable and protectable
3. Trademark Clearance Search: to know who is using a particular
trade name before someone invests time, money and resources into
marketing and manufacturing of a business. Includes a search of
domain names, the internet, in addition to trademark registrations.
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4. Trademark Registration in India: Within about 10-18 months from
the date of filing, the trademark application proceeds towards the grant
stage, and the trademark is registered. May be objected / opposed.
5. Once registered, valid for 10 years, may be renewed for additional
10 years.
6. Further renewals must be filed or the trademark registration goes
abandoned.
Trademarks & Brands
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Industrial Property
Industrial DesignIndustrial DesignTrademark
(logo)
Trademark
(logo)
Patent –
for the Tyre
Patent –
for the Tyre
From Users Perspective Information knowledge reflected in the ProductFrom Users Perspective Information knowledge reflected in the Product
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IP Strategies for Start-ups
Can you enter the Market without
infringing IP
-Competition:
- Identify your competitors?
- Identify existing competitive technologies?
- What impact does your invention have on the
competitor and the other technologies?
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Patent Scope
Know limits of your invention
What differentiates your invention from known competitive
technology?
IP Strategies for Start-ups
Value Proposition
-Opportunities in Global Markets
Need to protect technology in the identified markets
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Identify your unique points and how you are
different from your Competitor ?
What would happen if your Competitor identifies
and knows your unique points?
How to Identify IP
in your Business?
Key Takeaway
If you don’t safeguard yourself no relief can be
sought.
Key Takeaway
If you don’t safeguard yourself no relief can be
sought.
31. Questions answered
Identify IP developed in your business
Value your IP
Your ideas and know-how may be some of your
most valuable assets
Identified IP licensing opportunities in market
Protect your IP today, before it is too late…..
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32. Thank you
Get in touch: prity.k@techcorplegal.com
www.techcorpgroup.com
www.techcorplegal.com
@techbusinesslaw
http:// about.me/shebusinesslawyer
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