Team Legistify | Legistify

Team Legistify
Answered on 22 Oct 2019

A Limited Liability Partnership (LLP) is a combination of a Partnership Firm and a Private Limited Company in which the owners have limited liability. It was introduced in India under the Limited Liability Partnership Act, 2008. The primary benefit of incorporating a business as a Limited Liability Partnership is that in an LLP, one partner is not responsible or liable for another partner's misconduct or negligence. There are several compliances required by a company when launching its new product, and each compliance is industry-specific. Consult our startup lawyers in India to get all your LLP compliances handled.Read More

Posted on 23 Mar 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 02 Aug 2019

Sections 3 and 4 of the Patents Act list out the non-patentable subject matter. An invention is Patentable if the following elements are present:  Subject Matter: You should check whether the invention relates to a patentable subject-matter. Novelty: Novelty is an important criterion in determining the patentability of an invention. It basically states that an invention should never have been published in the public domain. It must be new with no same or similar prior arts. Non-Obviousness: This means that the invention must not be obvious to a person skilled in the same field as the invention relates to. It must be inventive and not obvious to a person skilled in the same field. Capable of Industrial Application: Industrial applicability is defined under Section 2(ac) of the Patents Act as "the invention is capable of being made or used in an industry". This essentially means that the invention cannot exist in the abstract. It must be capable of being applied in any industry, which means that the invention must have practical utility in order to get Patent Registration in India. Read More

Posted on 01 Aug 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- You need to file PCT (Patent Cooperation Treaty) application for international filing with Indian Patent Office.Read More

Posted on 20 Jun 2016 | 2 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 16 Jun 2019

With respect to your query, the legal opinion is as under: (1) Non Disclosure Agreement is a contract through which parties to contract agree not to disclose information covered by the agreement, typically used to protect any type of confidential and proprietary information or trade secrets. The provision of Contract Act applies to NDA. (2) Trade secrets are protected without registration, that is, trade secrets are protected without any procedural formalities, Consequently, a trade secret can be protected for an unlimited period of time. (3) There are, however, some conditions for the information to be considered a trade secret. these conditions vary from country to country, some general standards exist which are referred to in Art. 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement):- (a) The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question). (b) It must have commercial value because it is a secret. (c) It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).Read More

Posted on 14 Jun 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Filing of an application for a patent should be completed at the earliest possible date and should not be delayed. An application filed with provisional specification, disclosing the essence of the nature of the invention helps to register the priority by the applicant. Delay in filing an application may entail some risks like- (i) other inventors might forestall the first inventor by applying for a patent for the said invention (ii) there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her. Read More

Posted on 17 May 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

A patent has to be maintained by paying the maintenance fees every year. If the maintenance fees is not paid, the patent will cease to remain in force and the invention becomes open to public. Anyone can then utilize the patent without the danger of infringing the patent. Read More

Posted on 30 May 2016 | 1 Answer

How can patents be obtained worldwide? What practical steps do I have to take to obtain patent protection?Read More

Posted on 10 Nov 2019 | No Answers Yet

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

You can hire employees and can get your business idea copyrighted under your name. In India, the Copyright Office does not offer any comprehensive website registration service and every time on the website will be required to be registered separately and hence would require separate applications. This means that you cannot possess a blanket copyright over the entire website. But, over its various components. Copyright Registration and the grant of certificates are governed by the Copyright Act, 1957, and Copyright Rules 2013. The Copyright Office provides for an online mechanism to get your copyright registered and it has to be accompanied by a certain amount of fee. Read More

Posted on 21 Aug 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

For transferring the rights of a patent, an individual has to submit an application with Controller General of Patents, Designs & Trade Marks, Intellectual Property India. Application Procedure # For Patent Filed- Form no -06 with supporting document # For Granted- Form No- 16 with supporting document Read More

Posted on 22 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

No, publication of an invention in any form by the inventor before filing of a patent application would disqualify the invention to be patentable. Hence, inventors should not disclose their inventions before filing the patent application. The invention should be considered for publication after a patent application has been filed. Thus, it can be seen that there is no contradiction between publishing an inventive work and filing of patent application in respect of the invention. Read More

Posted on 14 May 2016 | 1 Answer