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Protecting an invention, from provisional filing through to grant.
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Looking for a Patents lawyer? Protecting an invention, from provisional filing through to grant. Justiceland connects you with verified lawyers who have listed Patents as a matter they actually handle — not merely Intellectual Property in general. Compare their experience, ratings and consultation fees, then reach out directly. No middlemen, and no commission on your case.
India recognises trademarks, copyright, patents, designs and geographical indications, each under its own statute, with its own term and its own registry. Copyright arises automatically on creation; trademarks, patents and designs need registration to be properly enforceable.
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Bringing these to the first consultation saves a hearing later.
Every matter differs, but most follow roughly this sequence.
A search of the registry and the market shows whether the mark is available and how strong it will be. Weak, descriptive marks cause most later objections.
The application is filed in the correct class, with the priority date secured from the date of filing.
The registry issues an examination report. Objections are answered in writing and, where needed, at a hearing.
The mark is advertised in the journal for opposition. If unopposed, registration follows and runs for ten years, renewable indefinitely.
More specific matters handled under Intellectual Property.
Searching, filing and prosecuting a brand name or logo.
Protecting original writing, music, film, art and software.
Protecting the shape, pattern or appearance of a product.
Suits and injunctions when your rights are being infringed.
Permitting or transferring the use of IP, on written terms.
Protecting confidential business information through contract.
Cease-and-desist action, takedowns and damages against copying.
If unopposed, typically twelve to eighteen months from filing to registration. You may use the ™ symbol from the date of filing, and ® only once registration has been granted.
No. Copyright subsists automatically the moment an original work is created. Registration is optional, but it gives you a certificate that serves as prima facie evidence of ownership — which matters considerably in litigation.
™ can be used by anyone claiming rights in a mark, including on a pending application. ® may be used only for a mark actually registered in India; using it before registration is an offence under the Trade Marks Act.
Computer programmes “per se” and business methods are excluded from patentability under Section 3(k). Software that produces a technical effect, or is claimed in combination with hardware, has been granted patents. How the claims are drafted often decides the outcome more than the invention does.