Who can apply: 
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.


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.

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.

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.

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.

Can be paid only after grant with provision to pay back taxes. Annuity is calculated from the third anniversary of filing.

Who can file: 
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.

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: 

Cancellation proceedings: 

Infringement proceeding: 
Available after registration.

Infringement remedy:
Injunction, damages.

Who can file:
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:

3-dimensional Mark:

Sound mark:
Allowed when represented in conventional notation or described in words by being graphically represented.

Allowed according to Paris Convention. 6 months from Basic filing.

Perpetual, subject to renewal every ten years.

Nice classification 9th edition.

Madrid protocol:
Soon to be implemented

Takes about 18-24 months.

Appeal against Registrar’s decision:
To the Intellectual Property Appellate Board.

Normally on acceptance.

Within 4 months of advertisement.

For 5 years and 1 month can lead to revocation.

What is protected:
Original literary,dramatic,musical and artistic words.Cenamatograph films,Sound Recording.

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 is not mandatory. However, certificate of registration of copyright  is prima facie evidence in case of a dispute relating to ownership of copyright.

Lifetime plus 60 years. Author is the first owner.

Protection through copyright . Treated as literary work.

Knowingly infringing a copyright is a criminal offence.

Special Remedial Action:
Anton Pillar order can be obtained.

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.