Inventor, his assignee or legal representative of deceased inventor.
What is protected:
A new Product or Process having inventive step and Industrial Applicability.
Language of filing:
English. May also be filed in Hindi.
International convention:
India is a member of Paris Convention, PCT and Budapest Treaty.
First to file or first to invent:
First to file.
Novelty:
Absolute.
Term :
Twenty years from the effective date of filing.
Request for examination:
Yes. Within 48 months from the priority date.
Expedited prosecution:
Expedited request for examination can be filed before 31 months of the priority date for PCT national phase applications.
Prosecution:
Must be completed within 12 months of the filing date.
Type of application:
Invention Patent, Divisional Patent application and Patent of Addition. There is no utility model law in India.
Power of authority:
Required. Can be filed anytime before grant without any penalty.
Assignment:
Proof of right is required when application is filed by the assignee.
Not patentable:
Atomic energy related inventions. Software per se, Business Method ,Discovery, Use claims, Method of treatment, Plant and Animals in whole or any part thereof.
Micro-organism:
New variety (Genetically modified) allowed. Reluctance in allowing known micro-organism isolated / purified from nature. No definition of Micro-organism in the Act.
Can an Indian resident file first outside India:
Indian residents need to file first in India and wait for six weeks before filing abroad OR obtain foreign filing license.
More than one independent claim:
With single inventive concept allowed.
Multiple dependent claim:
Allowed without additional cost.
Unity of invention:
Test of unity is similar to PCT.
Amendment of specification:
Possible by way of voluntary amendment before and even after grant.
Provisional protection:
Available from the date of Publication in the Official journal on expiry of 18 months from the priority date.
Pre-grant opposition:
Can be filed any time before grant by any person by way of representation.
Post-Grant opposition :
Can be filed within one year of grant by way of notice of opposition, full written statement and evidence, by a person interested.
Revocation proceeding:
Anytime during the life of patent by a person interested.
Compulsory licensing:
Provision available under a few circumstances including non-working but seldom exercised.
Working of invention:
Includes importation.
Infringement suit:
Can be filed after grant but damages from the date of publication.
Infringement remedy:
Damages, Accounts of Profit, Cost award.
Annuity:
Can be paid only after grant with provision to pay back taxes. Annuity is calculated from the third anniversary of filing.
Legitimate Owner.
What is protected:
2D or 3D Shape, Outer Configuration, Ornamental surface pattern, Colour Scheme.
What is not allowed:
Mechanical contrivance of a design.
Multiple priority:
Not Allowed. For similar but not same designs separate applications required.
Inventor details:
Not required.
International treaties:
Paris Convention and Locarno Agreement.
Term:
Initially Ten years from the priority date extendable by another 5 years.
Request for examination:
Not Required.
Prosecution completed:
Within 6 months of filing.
Power of authority:
Required.
Cancellation proceedings:
Available.
Infringement proceeding:
Available after registration.
Infringement remedy:
Injunction, damages.
Legitimate owner.
What is protected:
Visual symbol which may be a distinguishing word signature, name, device, label, numerals or combination of colours used by an owner on goods or services.
Well known foreign mark:
Protected.
3-dimensional Mark:
Allowed
Sound mark:
Allowed when represented in conventional notation or described in words by being graphically represented.
Priority:
Allowed according to Paris Convention. 6 months from Basic filing.
Term:
Perpetual, subject to renewal every ten years.
Classification:
Nice classification 9th edition.
Madrid protocol:
Soon to be implemented
Registration:
Takes about 18-24 months.
Appeal against Registrar’s decision:
To the Intellectual Property Appellate Board.
Advertisement:
Normally on acceptance.
Opposition:
Within 4 months of advertisement.
Non-use:
For 5 years and 1 month can lead to revocation.
Original literary,dramatic,musical and artistic words.Cenamatograph films,Sound Recording.
Owner:
Ordinarily the author is the first owner of copyright in a work.
International convention:
India is a member of the Bern Convention and UCC.
Registration:
Registration is not mandatory. However, certificate of registration of copyright is prima facie evidence in case of a dispute relating to ownership of copyright.
Term:
Lifetime plus 60 years. Author is the first owner.
Software:
Protection through copyright . Treated as literary work.
Violation:
Knowingly infringing a copyright is a criminal offence.
Special Remedial Action:
Anton Pillar order can be obtained.
Suits:
Can be filed where the plaintiff carries on business.
Court jurisdiction:
The relevant District Court has the jurisdiction in civil suits regarding copyright infringement.
Fair use:
There exists “fair use” provision.