1. Industrial Property which includes patents for inventions, industrial designs, trademarks, and geographical indications.
2. Copyright which covers literary works (e.g. novels, poems etc.), movies, music and/or any other artistic works.
As an inventor, owner or author of such intellectual property you have rights, similar to in case of any other physical property. It prevents any other person or entity to use it without your permission along with giving due credit and even monetary compensation.
To legally enforce such right, you need to register your creation with the Office of Controller General of Patents, Designs & Trade Marks under Ministry of Commerce & Industry, Government of India.
File in your application as soon as possible, as First-to-file rule is of great significance for registration of intellectual property. If two or more applications are identical or similar only the first application will be given importance for registration.
Patent implies a new product or process capable of industrial application. The product or process should be a new invention that has not been used before in the public domain. Term for registered patents in India is 20 years.
Application for registration has to be filed in the Patents Office of relevant territorial jurisdiction by the inventor either alone or jointly or through assigned legal representative. An important thing to understand is that these rights are territorial in nature and do not extend beyond the jurisdiction for which it is granted. If you want to reserve the intellectual property right in different countries, you can either directly file separate applications in the respective countries or file Patent Cooperation Treaty (PCT) application simultaneously with application in Form-1.
Along with the application (Form 1), you need to give in a provisional or complete specification of your invention (Form 2), details of any foreign filings for the same (Form 3), declaration that the product or process is your invention (Form 5), and Power of Attorney appointing a patent agent in Form 26, if any. The process of registration, payment of fees, renewal is online and will require Digital signature of the applicant. To register and login for submitting applications click here.
Simply login, enter details for relevant procedure, sign digitally, pay the fees and you will get your copy of acknowledgement receipt.
For your reference, you can get the respective forms and relevant fee structure from here.
List of territorial jurisdiction and address of various Patents Offices are mentioned in Appendix 1.
According to WIPO, an industrial design refers to the ornamental or aesthetic aspects of an article. A design may consist of 3-D features, such as the shape or surface of an article, or 2-D features such as patterns, lines or color. Industrial designs are applied to a wide variety of industrial products and handicrafts.
The Designs Wing of the Patents Office under Government of India administers the registration process. The process for registration in online – you need to create an account, fill in the application, digitally sign the form (Form 5 and 44) and make the payment. Here’s the link for e-gateway.
On necessary verification and grant of copyright, the details of the same are entered into The Register of Designs, maintained by The Patent Office, Kolkata. It contains various details of the patent, such as design number, class number, and date of filing, name and address of Proprietor, etc.
This register is open for public inspection on payment of the prescribed fee.
Trademarks/Wordmarks are distinctive or unique sign or mark that identifies that a certain product or service belongs to or are provided by an individual or entity.
A trademark provides recognition and familiarity among its consumers. Regulation of Trademarks in India is governed under Trademarks Act, 1999. This Act is in conformity with World Trade Organization recommendations and Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
The Trademarks Department under the Office of Controller General of Patents, Designs & Trade Marks administers Trademarks in India. The process of registration is online and is valid for 10 years, with an option to renew the same for another 10 years.
To register, you need to create an account, fill in the application, digitally sign the form (TM-1) and make the payment. Here’s the link for e-gateway.
The application for registration of trademarks is sent to the Trade Marks Registry Office within whose territorial limits the Principal address of business is situated (Refer Appendix 2).
The Application is then examined to check if the relevant mark is enough to distinguish and differentiate an applicant’s good or service and whether it is prohibited for registration under any other law or is identical or similar to any existing marks.
The Examination of all applications is done centrally in Mumbai. On consideration of the application, if accepted, the registrar publishes the same in Trade Marks Journal, an official gazette of the Trade Marks Registry, which is published weekly on the official website.
In case somebody wants to contest the grant of trademark, same should be intimated to the Office within 4 months from the date of publication in the official gazette.
Below is the detailed flow chart of how the whole registration process works