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 07 Dec 2019

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. As the filing of a patent is a very complex, process you must consult an IPR attorney in India who is expert in Patents and then act accordingly.Read More

Posted on 10 Nov 2019 | 1 Answer

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

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

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

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent. Read More

Posted on 16 Mar 2016 | 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

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

To decide whether an inventor is violating (infringing) a patent, it is necessary to carefully examine the patent's "claims." (Claims are terse statements of the scope of the invention, and most patents contain more than one of them.) The elements of each claim must be compared with the elements of the accused infringer's invention (usually a device or process). If the elements of a patent claim match the elements of the device or process (called "reading on" or "teaching" the device or process), an infringement has occurred. Even if the claims don't literally match the elements of the infringing device, it is possible that a court would find an infringement by applying what's known as the "doctrine of equivalents"; that is, the patented invention and the allegedly infringing device or process are sufficiently equivalent in what they do and how they do it to warrant a finding of infringement. Read More

Posted on 17 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Given a scenario where a person has a business idea in mind and has just begun working, the major concern always is, how to protect our business from getting copied or preventing leak of important information that could harm the workings of the business in the present and future. I wanted to inquire that in a start up with a business idea, what are the rights of the owner concerning the Intellectual Property for the business and what can be done to protect the IP. Can you also explain the concept of Trade Secrets and their registration in India, alongwith other ways to protect the IP. Read More

Posted on 11 Jul 2016 | 2 Answers

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