Official website of Intellectual Property India (2024)

FAQs

Official website of Intellectual Property India? ›

In India, there are 7 types of intellectual property rights, namely – copyright, trademarks, patents, geographical indications, plant varieties, industrial designs and semiconductor integrated circuit layout designs.

In India, there are 7 types of intellectual property rights, namely – copyright, trademarks, patents, geographical indications, plant varieties, industrial designs and semiconductor integrated circuit layout designs.

Since 2016, copyright policy was moved to India's Ministry of Commerce and Industry. All IPRs are now administered by the Department for Industrial Property and Promotion (DIPP).

This filing can be manual or online and must be filed with the jurisdictional trademark registry. Fees for a trademark application: The government fee is Rs. 4500 for individuals/startups/ Small Enterprises or Rs. 9000 for a Large Entity per mark per class.

The Hon'ble High Court of Delhi in India is considered as a Centre of IP litigation cases in India as most of the IPR related disputes and cases are instituted in the High Court of Delhi.

Almost every country has its own Patent Law, and if you wish to apply for a Patent in a certain country, you must apply for a Patent in that country, depending on the needs of that country. Patent laws do not apply internationally.

Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices.

Cost of filing patent in India by the normal route. The official patent cost for filing a patent application is ₹1,600 for an individual or ₹4000 for a small or ₹8000 large entity. Attorney fees for drafting a patent application would be around ₹30,000.

To register a work, you must submit a completed application form, the applicable filing fee, and a nonreturnable copy or copies of the work to be registered. In general, the term of copyright is the life of the author plus 70 years after the author's death (or last surviving author's death if a joint work).

Is intellectual property safe in India? ›

All types of IP may be protected by the Indian Central Board of Excise and Customs which acts to prevent the import of allegedly infringing goods into India, as long as the IP has been registered or granted by the appropriate IP office. Registration is for a period of at least one year.

The Head Office of the Patent office is at Kolkata and its Branch offices are located at Chennai, New Delhi and Mumbai.

India, the country with the world's second largest population, became a member of WIPO in 1975 and is currently party to six treaties administered by WIPO, namely, WIPO Convention (1975), Paris Convention (1998), Berne Convention (1928), Patent Cooperation Treaty (1998), Phonograms Convention (1975) and Nairobi Treaty ...

Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time.[1] These legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his invention/creation for a given period of time.

In case of original literary, dramatic, musical, and artistic works the time period of copyright in India is 60 years in addition to the author's lifespan. Where there are multiple authors, the term is 60 years post the death of the last author.

Common examples of Intellectual property violations

Copying and passing off your writing or artwork as their own. Intellectual Property infringements on social media where fraudulent profiles use trademarks or copyrighted material to represent a brand.

There are four main types of intellectual property rights, including patents, trademarks, copyrights, and trade secrets.

A patent holder can file a suit for infringement in the District Court or High Court. However where counter-claims for revocation of the patent is made by the defendant, the suit along with the counter-claims are transferred to the High Court for a decision on the validity of the patent.

What can be patented? An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

When can you file an IPR? ›

Understand the Timing

For a post-AIA patent, a petition for IPR cannot be filed until the later of either: (1) nine months after the grant of the patent or issuance of a reissue patent; or (2) if a post-grant review (PGR) is instituted, after the termination of the PGR proceeding.

Under Plant Patents, U.S allows one to patent the discovery or invention of a new plant. In India, no such provision exists. New and novel business models can be patented in the U.S. India doesn't allow this either. From the above comparison, one can note that the U.S patent laws offer more flexibility than India.

No Indian resident can without the written authority prescribed on behalf of the Controller make an application for grant of patent for his invention. He can file directly only if he has made an application for the same invention in India and the application was made not less than 6 weeks before applying outside India.

How long does patent protection last? Patent protection is granted for a limited period, generally 20 years from the filing date of the application. Is a patent valid in every country? Patents are territorial rights.

Yes. Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works.

In conclusion, Patent filing is a complex process which requires technical and legal skill set. One must follow the set process and laws to get a Patent. Our team can help you in writing the best Patent document and help you to navigate the complex process of Patent filing in India.

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India.

Patent Grant Process in India – an Overview

In India, patent grant usually takes 3-6 years from the date of application filing. Once a patent application is submitted, it is published after the expiry of 18 months from the filing date or priority date, whichever is earlier.

The provision aims to encourage the development and use of patents in India and to stimulate innovation in the country. Under this section, income derived from the transfer of a patent or the use of a patent in India is taxed at a special rate of 10% if the patent is registered on or after April 1, 2003.

How long does intellectual property last? ›

Copyrights generally only remain in effect for 70 years following an author's death. The copyright on any “made for hire” works, including those owned by small businesses, remain in effect for 120 years post-creation or 95 years post-publication. Whichever date comes first is the one that prevails.

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an "NDA" or a "confidentiality agreement," but the terms are similar.

Intellectual property may either be owned by a person or by a company. Although most companies choose to retain their own creations, some own IP with the intention of selling it within the scope of the law. There are instances when a person may want to sell the IP instead of keeping it.

The USA is leading the world in terms of protection of Intellectual Property Rights and Finland in terms of Physical Property Rights. IPRI's 2022 sample set represents 129 countries, 94% of the world population and 98% of the World GDP.

Although intellectual-property infringement can be unintentional, it still unacceptable under the eyes of the law. The most common examples of intellectual property disputes include using another's words, images, or logo without the property owner's permission.

Intellectual property theft is one someone steals an idea, creative expression, or invention from an individual or a company. IP theft can refer to someone stealing patents, copyrights, trademarks, or trade secrets.

The IPR Center encourages victims to visit its website at www.IPRCenter.gov to obtain more information about the IPR Center and to report violations of intellectual property rights online or by emailing IPRCenter@dhs.gov. You can also report IP crime by clicking on The IRP Center's “Report IP Theft” button.

Global Innovation Index 2022 India Rank

India is ranked 40th position out of 132 in the Global Innovation Index (GII) 2022 rankings released by World Intellectual Property Organization (WIPO). Last year India was ranked 46th.

1 The members of the WIPO Conference constitute the Members of WIPO.. Tunisia, Türkiye, Uganda, United Arab Emirates, United Kingdom, United States of America, Venezuela (Bolivarian Republic of), Viet Nam, Zimbabwe (83).

What is WIPO in India? ›

The World Intellectual Property Organization (WIPO) is the global forum for intellectual property (IP) services, policy, information and cooperation. We are a self-funding agency of the United Nations, with 193 member states.

Since 2016, copyright policy was moved to India's Ministry of Commerce and Industry. All IPRs are now administered by the Department for Industrial Property and Promotion (DIPP).

A rough ballpark estimate of the costs of an inter partes review is approximately $300K to $600K. That is by no means cheap, but may still be considered a bargain compared to the costs of defending a patent infringement litigation in federal court which could easily reach $1-4 million or more.

A petition for inter partes review must allege the invalidity of at least one patented claim in an issued patent. The grounds for invalidity may be either anticipation or obviousness (§102 or §103), or both, but the scope of prior art is limited to patents and printed publications.

To obtain a patent in the U.S., the inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and examination fees.

The first step after drafting a patent application is to file the patent application. Filing a patent application: The next step is filing the patent application. Applications must include the invention's specifications as well as any other necessary or pertinent information.

Cost of filing patent in India by the normal route. The official patent cost for filing a patent application is ₹1,600 for an individual or ₹4000 for a small or ₹8000 large entity. Attorney fees for drafting a patent application would be around ₹30,000.

Applications can also be made online through the available comprehensive online filing system. Therefore, legally, the patent application can be filed in India by an individual to file his patent himself.

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

Do I Have to Register My Intellectual Property to Get Protection? No. As a creator or inventor, you get intellectual property protection as soon as you create something.

When can you claim intellectual property? ›

Intellectual property claims are legal actions brought by one party against another when a party feels its intellectual property (IP) rights have been infringed upon.

Copyrights, which cover works of authorship, such as books, logos and software, is part of intellectual property protection, as are patents, which protect inventions. Other types of IP include trademarks, designs and trade secrets.

Though it is not mandatory to register a copyright in India, it is advisable to do so in order to save oneself from the court procedures in case the question of ownership arises.

Almost every country has its own Patent Law, and if you wish to apply for a Patent in a certain country, you must apply for a Patent in that country, depending on the needs of that country. Patent laws do not apply internationally.

A foreign national may apply for a patent in India by following one of the two routes mentioned below: Paris Convention Route: Under the Paris Convention for the Protection of Intellectual Property, a foreign national of a convention country can use the convention route to file a patent application in India.

According to the Patents Act, inventions whose exploitation is contrary to public order or morality cannot be patented.

Under Plant Patents, U.S allows one to patent the discovery or invention of a new plant. In India, no such provision exists. New and novel business models can be patented in the U.S. India doesn't allow this either. From the above comparison, one can note that the U.S patent laws offer more flexibility than India.

In India, patent grant usually takes 3-6 years from the date of application filing. Once a patent application is submitted, it is published after the expiry of 18 months from the filing date or priority date, whichever is earlier.