Introduction Intellectual property protection is essential for fostering innovation and economic growth. Patents, for example, provide inventors exclusive rights to their ideas, incentivizing them to reveal and commercialise them. Licensing agreements are one option for innovators to commercialise their inventions. This article delves into the notion of patent licensing and the various kinds of patent [...]

In today's fast-paced world, intellectual property plays a vital role in safeguarding innovations and inventions. Whether you're an individual inventor or a business owner, protecting your intellectual property through patents is essential. However, choosing the right patent service provider in Mumbai can be a daunting task. With numerous options available, it's crucial to make an [...]

The Indian Space Research Organization (ISRO) stands as a testimony to India's prowess in space science and technology. Established in 1969, ISRO's mission has been to advance space technology and use its applications for various national tasks. Origins and Evolution: ISRO's roots trace back to 1962 when pioneering space activities were initiated under Dr. Vikram [...]

 Executive Summary One of the fundamental requirement in today’s world is transport. Petrol and diesel engines fulfil the requirement but with the cost of pollution and other hazards. Now the traditional combustion engines are becoming outdated with the replacement of fully electric vehicles. Fully electric vehicles (EVs) have zero emission which is better for the [...]

Introduction: The Novartis v. Union of India case is a landmark judgment in Indian patent law that has had a profound impact on the interpretation and application of patentability criteria in the country. This legal battle centers around Novartis' patent application for the cancer drug Glivec (Imatinib Mesylate) claiming that it was more effective in [...]

Introduction In a landmark case that has far-reaching implications for patent law, the United States Supreme Court recently issued a significant ruling on the test for patent eligibility under Section 101 of the Patent Act. Section 101 of the U.S. Patent Act is a fundamental provision that defines the scope of patent eligibility. It establishes [...]

Introduction Trademarks play a vital role in distinguishing products or services in the marketplace, and they are typically associated with logos, brand names, or slogans. However, as businesses continue to innovate and seek unique ways to distinguish themselves, the concept of unconventional trademarks has gained prominence. Unconventional trademarks go beyond the traditional elements and encompass [...]

Introduction: The TVS Motor Company Limited vs. Bajaj Auto Limited case is a landmark judgment in the field of patent law in India. The case, decided by the Supreme Court in 2009, involved allegations of patent infringement and raised important considerations regarding inventive steps in patents. This article explores the key aspects of the case, [...]

  Introduction Intellectual property (IP) has emerged as a valuable asset that can make or break a company in today's swiftly changing business environment. Whether you're a startup seeking to make a name for yourself or an established company seeking to maintain your competitive edge, grasping the significance of intellectual property valuation is essential. This [...]

Introduction Protecting one's intellectual property (IP) is essential for both individuals and organisations in today's fast-paced, creative, and innovative environment. The law governing intellectual property comprises several different types of protection, including copyright, designs, and trademarks. Although each of these three categories of intellectual property protection is used for a unique purpose, there are situations [...]

Introduction Filing a patent application is an essential step for protecting your innovative concepts and intellectual property. The filing of a patent in India entails multiple phases, each with its own significance. This comprehensive guide will take you through the steps of filing a patent in India and explain the three criteria for patentability: novelty, [...]

In the vibrant and ever-evolving world of business, protecting your brand is crucial. Your brand is more than just a name or logo; it represents your identity, reputation, and the essence of what sets you apart from the competition. Trademark filing and registration in India provide a robust legal framework that empowers businesses to safeguard [...]

Introduction: In today's competitive business environment, the success of a product or brand is frequently determined by its distinctive design. A compelling design not only draws buyers' attention but also separates a product from its competition. Many companies and individuals in India choose design registration under the Designs Act, 2000 to safeguard their designs from [...]

In today's digital age, where creative works are easily accessible and shareable, it becomes crucial to understand the concept of copyright and its role in protecting intellectual property. In India, the Indian Copyright Act of 1957 provides the legal framework for copyright protection. This article aims to shed light on what copyright is, the scope [...]

Introduction: Copyright is an important part of intellectual property rights since it offers creators exclusive rights, guaranteeing that their unique creations are protected from unauthorised use. The Copyright Act, 1957, governs copyright law in India and provides a framework to protect creators' rights. This article investigates the numerous rights granted to copyright holders in India, [...]

Responding to Trademark Objections in India Trademark examination is a crucial step in the trademark registration process in India. After filing an application, the Registrar examines the mark to determine its registrability. If any objections are raised during this examination, a trademark objection report is issued by the Registrar. In order to proceed with the [...]

Introduction A trademark is a distinctive sign or indicator used by an individual or an organization to identify their goods or services from those of others. Trademarks can be words, phrases, symbols, designs, or a combination of these elements. Trademarks are indispensable for establishing brand identity and are crucial for entities. In India, as well [...]

Trademark application filing in India follows the statutory provisions and rules outlined in the Trademark Act of 1999 and Trademark Rules of 2017. To initiate the process, one must submit a trademark application in the prescribed format and pay the requisite fees to the Trademark Registry. Although trademark registration is not compulsory in India, it [...]

The Patent Act, 1970 lays out legal framework that is intended to protect and encourage creativity and invention in India. Section 3 of the Act defines the parameters for what cannot be regarded a patentable invention. It outlines numerous categories of subject matter that are not eligible for patentability, ensuring that patents are only given [...]

Introduction Along with the protection against counterfeiting or the unauthorized use of trademarks by non-proprietors, another purpose of the trademark law is to save the consumers from the likelihood of confusion that might divert them from making an informed decision while purchasing any product or availing any service. This is the reason why all trademarks [...]

A trademark is a distinctive sign, symbol, logo, design, word, or combination thereof that identifies and distinguishes the goods or services of one business from those of others. It serves as a valuable asset for businesses, providing them with exclusive rights and protection in the marketplace. Here's a closer look at the importance and significance [...]

Introduction Obtaining a patent is one of the most important steps in the process of safeguarding inventions and encouraging innovative activity. However, not every invention is eligible for a patent because it requires meeting certain conditions. A number of criteria need to be met before a patent can be issued for an invention, the most [...]

Introduction A study conducted in 2019 by the World Intellectual Property Organization (WIPO) found that the number of patents connected to artificial intelligence (AI) has significantly increased in a variety of areas, including telecommunications, transportation, and life sciences. This highlights the increasing influence that AI is having on driving innovation and technical breakthroughs all across [...]

Introduction Trademark law recently witnessed an intriguing issue involving sportswear giant Adidas and renowned designer Thom Browne. The case centered on the usage of stripes, with Adidas claiming that Browne's Four-Stripe design infringed on its Three-Striped Mark. The Manhattan Federal Court found in favour of Browne in a landmark case, causing major debate in the [...]

The Issue It is widely acknowledged that large corporations spend a lot of resources on research and development to produce new, patent-worthy products and technologies. These corporations hire individuals to work on this research and development. These corporations in this case are the Employers. The point of contention here is who will be the owner of these patents, the [...]

Introduction: Other than logo or label, the product can also be distinguished based on the shape of the that product. In India, it is possible to obtain trademark protection for the shape of a product, known as a "shape mark." The Indian Trademarks Act, 1999, provides protection for the shape marks as trademarks, subject to [...]

This case study analyses the recent trademark infringement judgement delivered by a single judge bench of the Delhi High Court in the case of Burger King Co. LLC v. Virendra Kumar Gupta. (2023 SCC Online Del 2292, Burger King Co. LLC v. Virendra Kumar Gupta) Introduction Trademarks are considered to be a highly valuable intellectual [...]

Still unsure which intellectual property (IP) will safeguard your song or prevent others from stealing off your brand name? The objectives and conditions for various forms of IP protection are outlined in this article. Copyrights: Relevant Enactment – Indian Copyrights Act, 1957 Copyright is the branch of intellectual property that protects literary and artistic works. [...]

Infographic Representation of the History of Touch-Screen 1. Invented in 1965 - Eric Arthur "Doc" Johnson published the first paper on the invention of touchscreen 2. Patented granted in 1969 - Patent No: US 3482241, Title: Touch Display, Inventor: JOHNSON ERIC ARTHUR 3. First used in 1973 - In March 1972, after a few days, [...]

Lack of leadership and its impact on R&D. The lack of leadership can have a significant impact on R&D, as it can lead to a lack of direction and clarity, difficulty in making decisions, a lack of resources, and a lack of motivation among team members. Without effective leadership, R&D teams may struggle to set [...]

Artificial intelligence (AI) is a rapidly growing field, and India has seen a significant increase in AI patenting activity in recent years. The number of AI patents filed in India has been steadily increasing, and the country is emerging as a hub for AI research and development. In India, the major companies that are actively [...]

You can read the Essentials, Development, Considerations, and Landmark Cases. Essentials Steps for Filing Patent Application for Biotech Invention: Step 1: Defining the Composition of Process. Step 2: Identifying Difference Between Traditional Knowledge and your Invention. Step 3: Establishing Efficacy of the composition or process. Step 4: Conduct Patentability Search. Step 5: Apply for NBA [...]

Why Small & Medium Scale Companies Don't have Negotiating Power. Must read article. Multinational companies like Intel, Qualcomm, and Fiat have primarily grown on the shoulders of their scientific and technological innovations. Intel, for example, worldwide holds 70,000 patents. Qualcomm has 140,000 granted and pending patents across 100 countries. Technological innovation at an organizational level [...]

Section 3 of Indian Patent Act - INVENTIONS NOT PATENTABLE in INDIA THE PATENTS ACT, 1970 CHAPTER II INVENTIONS NOT PATENTABLE Section 3 What are not inventions The following are not inventions within the meaning of this Act,— (a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws; [...]

Ex-Apple Employee Admits to Trade Secrets Theft In August 2022, a former Apple Inc employee pleaded guilty to trade secret theft. The employee pleaded guilty to criminal charges that he stole proprietary information from the company while preparing to go work for a Chinese startup company that makes electric cars with autonomous driving features. The [...]

Why Patent Infringement Search is Important? Performing a patent infringement search can prevent applicants and inventors from wasting valuable resources pursuing a product or design that someone else has already patented. Searching existing granted patents and applications provides lots of information, but the process can be difficult for individuals who aren't familiar with the system. A patent professional can [...]

WHAT IS PCT APPLICATION (International Patent Application)? The Patent Cooperation Treaty, or PCT, is a multilateral treaty that comes under the World Intellectual Property Organization (WIPO). The PCT was formally arranged in Washington in 1970 and entered into force in 1978. The PCT is an international treaty with more than 145 contracting states (presently 156 [...]

Under U.S. Code Title 35, the U.S. Patent and Trademark Office (USPTO) issues three different types of patents: utility patent, design patent, and plant patent. In order to be patentable, an invention must be novel, nonobvious, and useful. Each type of patent has its own eligibility requirements to be a patentable subject matter. However, it's [...]

There are a lot of misunderstandings about the ever-greening of the patents. Few think it's possible to get protection for the same invention repetitively after 20 years, and as a professional, I have an opinion that it's not possible. Let's try to understand how the ever-greening of patents can be done, how it can be [...]

Patent Infringement Suit in India What is the limitation period for the Patent Infringement suit in India? The Indian Limitation Act governs the period of limitation for bringing a suit for infringing a patent, which is three years from the date of infringement. Therefore, it is essential to note that the limitation period for the [...]

KERALA OR KARNATAKA, WHO OWNS THE MARK KSRTC? After a seven-year legal battle over the legal custody of the acronym ‘KSRTC’, Kerala Claimed that it had won the battle for the exclusive use of KSRTC, which has been in use by both the State Transport Service since the 60s and 70s. Kerala State Road Transport [...]

Patent Infringement in India Section related to Patent infringement in India In India, patent infringement concerning a patented invention without prior permission from the patent holder is a prohibited act. A patent holder can grant permission, if required, in the form of a license. A patent infringement, usually for the usage or sale of the [...]

Madrid System – International Trademark Filing System The Madrid system, also called Madrid Protocol, is officially known as the Madrid System for the international registration of marks. It is a simple and cost-effective way to register and manage trademarks worldwide. In most countries, you can apply for protection with just one application and one set of costs. [...]

Patent Licensing An exclusive right granted for an invention, which is either a product or a process, and offers a new way of doing work or provides a new technical solution to an existing problem, is called a patent. Introducing a new product or invention to the market is not an easy job. It is a [...]

HOW TO FILE A PATENT APPLICATION IN INDIA? Innovation, invention, and intellectual wealth are the driving forces behind a nation’s economic development. A patent is an exclusive right given by the government to the claimant of an invention for a limited time, generally 20 years from the date of filing, given the entire disclosure of [...]

Patent Infringement and It's Types   What is Patent Infringement? Patent Infringement is nothing but a violation of a Patent owner’s right by a third person. A patent is an exclusive right granted to an inventor or an applicant. It allows an inventor or patent owner to manufacture, sell, offer, distribute, mortgage the invention, etc. [...]

Get in touch with the Brainiac Team service_page_form Enter your Name * Enter your Name Enter your Name Enter your Name Enter your Email * Enter Your Phone No * Captcha If you are human, leave this field blank. Let' Talk ! Δ

Generally, there are four types of intellectual property rights such as Patent, Trademark, Copyright and Trade secret where trade secret is most well-known types of intellectual property rights among four. What is Trade secrets? A trade secret can be any information that is valuable to a company, not generally known, and not readily ascertainable through [...]

Dr. V R Kanetkar Inventor and Great Human Being – We will Miss you Sir Dr. Kanetkar is recognised as a pioneering figure by many for being one of the most authoritative voices in the domains of power quality and power electronics in India. His greatest strength was his single-minded focus on solving the customers’ [...]

Get in touch with the Brainiac Team Main_contact_down_form_tradmark Enter your Name * Enter your Name Enter your Name Enter your Name Enter your Email * Enter your Phone No * Captcha If you are human, leave this field blank. Let' Talk ! Δ

Elon Musk and his Electric Car Tesla is an electric car name of the great scientist Nikolas Tesla. Basically, Tesla Motors was manufacturing AC induction motors, in which Elon Musk invested and took over and continued to use the Name Tesla for his electric cars as well, which was decided by the Founders of Tesla [...]

Importance of Trademark Watch   We see trademarks as unique creations for your brand and a customized watch parameter can prevent the misuse of your trademark! Trademark is an important IP asset that adds considerable value to your business. A trademark can command tremendous reputation and goodwill. Therefore, it is important we diligently protect our [...]

Recent Trends in Handling Patent Related Issues - Protect Your Business   As we all know, IPR in totality is negative right and it’s supposed to be used fairly for building brand and credibility of the business. We expect businesses to operate ethically. Due to various reasons, there is a delay in getting Patent Grant, [...]

Don’t Waste your Patent Applications Patent applications are generally drafted to protect an invention, but still many times it happens that due to the unnecessary inclusion of contents, the patent application will be wasted and will remain a Paper Patent. Which means that the patent document will no longer be used effectively for preventing competition to your [...]

Patent Portfolio - Use and Advantage for Universities & Colleges   By Vidyasagar Khandala Most of Indian Universities are refraining from investing and spending on activities for developing Intellectual property portfolio, such as for R&D, patent filing for the innovative R&D, patent prosecution and the like. Some universities are filing patents only for the sake [...]

Patent Grant in One Year for Non-Startup's. It's possible? Yes, its very much possible. There are two ways to getting your patent application examined in 6 months according to the new Rules published by the Indian Patent Office: 1. If you are a startup – with Start-up Registration Certificate you can file Form-18A with the [...]

Foreign Companies having a higher edge over Indian MNC’s for Patents Patent filing in India has substantially increased after 2005, which is when TRIPS (GATT) requirements were implemented and incorporated in Indian Patent ACT. The TRIPS agreement was signed in the year 1994. Before 2005, the Indian Patent was not equipped with advanced searching data [...]

What is a Patent, a Document or a Technology? Just to start with, patent drafting can cost you from INR 40,000/- to INR 1,50,000/- in India, USD 4,000/- to USD 10,000/- in Europe, USA, Canada, and most of the developed countries outside. Drafting and prosecution cost is much high than the government fees, WHY? Can [...]

Selling or Licensing a Patent (Invention) This is a long discussed issue. Many of my clients and friends have asked me about how to License or sell a patent to get bigger monitory gains. Everyone finds it little difficult to start manufacturing or assembling the product on their own and then selling it. As we [...]

Quick Summary of Patent (Amendment) Rules, 2016 Amended patent rules were published on 16th May 2016 and are effective therefrom. A quick gist of new rules is as follows: Rule 13(7) The abstract shall contain a concise summary of the matter contained in the specification and the summary shall indicate clearly the technical field to which [...]

Patent Searches & Timeline, Costing and Liability Recently one of my client asked me a very good question "if you do infringement analysis, you should bare all the expenses and loses that may occur in case there is any litigation/infringement in future". The question was correct and the expectation as well. But, the law firms [...]

Understanding Patent-ability (Inventive Step) We have discussed “NOVELTY” in detail in the earlier post. Now we will understand inventive step, which is second most important criteria for getting your patent application granted. Always, patent applications are validate for novelty first. If the examiner cites citation(s), which can destroy novelty, then no further search and analysis [...]

Expediting Patent Grant ? A long Pending issue Since the Indian Patent act was amended in the year 2005 to comply with international law and for making international filing easy, the number of patent filed in India started rising gradually. As on date around 50-60 thousand patents are filed collectively in all four office in [...]

Understanding Patent-ability (Novelty)   After a seven-year legal battle over the legal custody of the acronym ‘KSRTC’, Kerala Claimed that it had won the battle for the exclusive use of KSRTC, which has been in use by both the State Transport Service since the 60s and 70s. Kerala State Road Transport Corporation (previously known as [...]