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IP Protection and registration

1. Patent

WE TRANSLATE YOUR PASSION TO VALUE!

Drafting, filing and prosecution of patent applications

 

Origiin team, comprising of passionate domain experts, registered patent agents and patent attorneys with strong technology backgrounds is well versed with drafting, filing and prosecution of patent applications in India and abroad. We undertake complete prosecution of patent applications in various other geographies such as United States, Europe, China, Japan, Australia, Canada, Republic of Korea, Singapore, Brazil, Africa etc. through our associates. We have efficiently adapted to the online filing portal of Indian Patent Office and PCT and provide filing receipt with application number and the Priority Date or date of filing instantly.

 

Having a team of experienced patent attorneys, we also handle all post registration procedures such as enforcement of IP rights through civil and criminal proceedings. We have expertise in handling oppositions (pre-grant and post-grant), infringements, revocation of patents at Indian Patent Office, Intellectual Property Appellate Board (IPAB) and High Court, as the case may be.

Process of Patent Filing till Grant

 

The process of Patent Specification filing is completed by Origiin in following steps:

 

Step 1: Filling in details of the invention in Origiin Invention Disclosure Form (IDF)

 

Step 2: Performing a Novelty Search to assess patentability of the invention

 

Step 3: Drafting and filing of Provisional or Complete patent application in India

 

Step 4: Foreign filing shall be done in the form of PCT or Convention patent application filing within 12 months from the date of priority.

 

Generally, the patent application undergoes following stages from filing till grant.

 

  1. Filing: In order to claim the earliest priority date, patent application should be filed at earliest in the form of provisional pr complete specification. If provisional application has been filed, the complete application shall be filed within 12 months from the date of filing provisional application.
  2. Publication: Publication of the application happens after expiry of 18 months from the date of filing or date of priority whichever is earlier. After publication, the details of the patent specification can be viewed on official website of patent office.
  3. Examination: After publication, the application is examined by the examiner and First Examination Report (FER) is issues by the Patent Office. In some cases Second Examination Report may also be issued and further the applicant may also be called for a hearing
  4. Grant: After the applicant complies by all requirements, patent may be granted. Upon patent grant, renewal fee shall be paid by the applicant.

Some samples

 

Some of patents drafted and prosecuted by Origiin team are as below:

  • US 9046127
  • US 9500393
  • US 9639584
  • US 9821766
  • US 9881509
  • EU 14882497.2
  • EU 14896068.5
  • EU 15835323.5
  • EU 15869430.7
  • EU 15893196.4

Do you need help with Patents?

Checklist before filing for a patent

Filing for a patent is a very exciting time for any organization or an individual inventor. Invention results from an innovative mind and putting it into prototype may require long hours of hard work and of course, funds and resources to see the process through to its completion. For individual inventor, it is a pleasure to be called as an inventor, whereas for a business organization, there may be various reasons to file for a patent. Some of the reasons for it could be filing for a patent may add to the number of applications filed in a given financial year or it might be for securing invention before it becomes publicly known or before commencing the public relations activities/a new product launch or commercialization or often getting application number before talking to investors especially in case of start-ups.
Read more

Can idea be patented?

Patentability of an idea is one of the most common, controversial and toughest questions a patent attorney has to often reply in the first meeting with the enthusiastic and passionate inventor. Though there is no clear answer to this question to be replied in YES or NO but it is worth exploring at times. The answer to this question may vary from idea to idea.

Read More

Filing first patent application

After working intensely for months on the amazing idea, investing money, resources, it’s time to fulfill dreams, set-up new business with the idea and invention that has not been thought about or performed by anyone else in the world before.

This is the most common thought an inventor has before he approaches a patent attorney.

Is there anything else that is required to be done much before? Yes, before commercialization and filing a patent application, there are a few essential steps to be performed before meeting your attorney.

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Systematic documentation of invention

Planning for a patent?

What is the first step?

Once you made up your mind to file for a patent and the first meeting with attorney/agent is fixed, it is extremely important for you document the invention systematically. What all shall be documented and how much details are enough, has to be made clear before you proceed further with drafting specification.

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Unity of invention: Indian perspective

As per Indian Patent Law, one patent application shall relate to a single invention. However, if more than one inventions are to be claimed in single application, it is necessary to establish that the inventions so claimed have unity and they form a single inventive concept. The golden rule is that the claim (s) of a complete specification shall relate to a single invention, i.e. the concept of unity of invention shall be there.

Read more

US or India: Where to file first?

United States Patent and Trademark Office (USPTO) often is one of the favorite or lucrative destination for the applicants for filing a patent application for various reasons, the prime reason being that usually the target as well as potential market of the invented product or process is US. Another major reason for interest in filing in US is that US patent laws permit broader spectrum of software patents compared to Indian Patent Law which says that software per se is not patentable till it has technical application. For all these reasons, at the time of filing for a patent, the biggest dilemma an inventor has is where to file for a patent first, in India or US?

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Labeling products as patent pending

From the date of filing of patent application to the grant is a long procedure and often disappoints the inventor for the reason that grant of patent is going to take long time and securing patent of his interest becomes a great worry till then. However, when a patent application is filed (provisional or complete specification), patent office issues a receipt on which date of filing or priority date is stated. It is worth noting that from that date, the product for which patent has been applied for or product made by a process for which patent has been applied for can be marked as “patent pending” or “patent applied for” as a warning or a notice, meaning that patent has been applied for but not yet granted. The marking as an express notice serves to notify potential infringers, that they may be liable for damages, seizure, and injunction once a patent is issued. The patent law gives applicant all rights and privileges of a patent holder except that law suit cannot be initiated till patent is granted.
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2. Trademark

NAME OF YOUR BUSINESS IS A VALUABLE ASSET.

The word ‘Trade mark’ means a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others. Our services in this area include:

 

  1. Trademark search, to give opinion on how strong the trademark is
  2. Trademark application filing & prosecution, replying to office action, opposition, attending hearing, amendment, renewal, handling and opposition of trademark etc.
  3. Trademark audit to find if there is any important timeline that you are missing
  4. Domain name dispute resolution
  5. Trademark litigation

3. Copyright

COPYRIGHT CAN BE ENFORCED ONLY WHEN IT IS REGISTERED.

Copyright registration and prosecution

 

Copyright protects works of authorship belonging to literary, dramatic, musical or artistic work, a cinematograph film, or a sound recording. We provide services in the area of filing application for copyright registration at Copyright Registry, New Delhi as well as U.S. Copyright Office.

 

Even though copyright is inherent in nature, copyright registration is very important as it serves as a proof of ownership. Registration of copyright in any one of the member countries of Berne convention is valid in all member countries of Berne convention. Since India is a member of Berne convention, any work registered in India is valid in all the member countries of the Berne convention.

 

Click here to see member countries of Berne convention.

4. Industrial Design

APPARENT LOOK OF THE PRODUCT MAKES A MARK.

Industrial design registration and prosecution

Industrial design is the use of a combination of applied art and applied science to improve the aesthetics, ergonomics, and usability of a product, but it may also be used to improve the product’s marketability and production. An industrial design consists of the creation of a shape, configuration or composition of pattern or colour, or combination of pattern and colour in three dimensional form containing aesthetic value. We assist with registration of design with Design Registry, India.

 

Registration of design is important to claim and enforce rights on the design. Registration process includes preparing & filing application and prosecution, such as, replying office action, attending hearing, amendment, renewal, opposition etc.

Disclaimer

As per the rules of the Bar Council of India, we are not permitted to solicit work or advertise in any manner. By proceeding further and clicking on “I Agree” below, the user acknowledges that the transmission, receipt or use of the information on our website does not tantamount to solicitation, advertisement, inducement or personal communication of any sort for and on behalf of the Firm so as to create an attorney-client relationship. Origiin IP Solutions does not intend to solicit clients through this website.

The information provided herein should not be interpreted as legal advice, for which the user must make independent inquiries. Whilst every effort has been taken to ensure the accuracy of the contents of this website, Origiin IP Solutions disclaims all liability arising from reliance placed by the user or any other third party on the information contained therein.

 

Origiin IP Solutions LLP
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As per the rules of the Bar Council of India, we are not permitted to solicit work or advertise in any manner. By proceeding further and clicking on “I Agree” below, the user acknowledges that the transmission, receipt or use of the information on our website does not tantamount to solicitation, advertisement, inducement or personal communication of any sort for and on behalf of the Firm so as to create an attorney-client relationship. Origiin IP Solutions does not intend to solicit clients through this website. The information provided herein should not be interpreted as legal advice, for which the user must make independent inquiries. Whilst every effort has been taken to ensure the accuracy of the contents of this website, Origiin IP Solutions disclaims all liability arising from reliance placed by the user or any other third party on the information contained therein.
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