DETERMINDS is a value driven firm that offers services and solutions in the area of Intellectual Property Rights. Our prime areas of focus are Patent, Copyright, Trademark, Industrial Designs, Geographical Indications, Copyright, and Trade Secret.
We will provide complete IP solutions to the innovation and research based companies and individuals by assisting them with identification, analysis, protection, management and exploitation of IP in an effective manner. With a team of skilled patent agents and attorneys we have so far provided quality services to companies from diverse areas of technology.
The DETERMINDS IP SERVICES started with an objective to spread awareness of Intellectual property rights among individuals, research institutes, colleges and companies.
The name of firm DETERMINDS itself denotes Determinated Minds to Work for Clients in the field of Intellectual Property Rights (IPR) i.e., Patent, Copyright, Trademark, Industrial Designs, Geographical Indications, Copyright, and Trade Secret. We have a team of highly qualified, experienced professionals in the field of Intellectual Property Services.
DETERMINDS is a step decider in the Indian patent services. From the date of its commencement, our firm has aimed to improve IPR consultation in India by using innovative approach.
DETERMINDS has shown constant improvement by sustenance and owning what we consider our most valuable asset, our human resource, and encouraging them to be at the forefront of Indian patent consulting
"To be the BEST SERVICE PROVIDER and CLIENT'S FIRST CHOICE IN IP WORLD. Being the BEST means providing outstanding quality, service, and value to achieve the client’s goals. We are highly committed to provide speedy and reliable IP services"
The resources of our firm include patent agents, trademark agents, attorneys, scientists and lawyers.
We are well equipped with experienced and technically sound people who are expertise in handling IP related issues of diversified domains for instance patents, trademarks, designs, copyrights, geographical indications and protection of plant varieties.
Our team is further having enthusiastic lawyers and advocates to handle IP litigation matters in district courts, High courts and supreme court of India.
Scientists and Engineers of the firm assist in prior art searches, Patent drafting, providing technical opinion on examination reports, preparing technical arguments for office action reply and submissions, technical analysis of subject matter and providing technical support in prosecution and litigation matters involving IP Infringements.
We are committed to provide excellent service to our clients through expert people in the field of IPR.
Dr. Ruchi Tejpal
IN/PA-3238
Ph.D. - Chemistry
Mr. V. Anil Kumar
IN/PA-3199
M.Pharma, LL.B, PGDPL
Mr. D.S.Divakar
BE, MS(USA), LLB
Mr. B. Uday Kumar
M.Tech(CHE)
Mr. M.V. Kiran Kumar
B.Tech(CHE), CMA (Semi-Qualified)
Mr. V. Vinay Kumar
M.B.A, (LL.M)
Mr. P. Suresh Babu
B.Tech(CIVIL), LL.B
Mr. G. Jagadish Maruthi
(LL.M)
Mr. S. Parashuram
B.Tech(CIVIL), LL.B
Mr. R. Srikanth
B.Tech (ECE)
Mrs. G. Durga Prasanna
M.Sc. (Zoology)
Mr. U. Maneesh Chowdary
B.Tech(ECE)
Our technical team is experts in their respective domains and strive to put all efforts to streamline the IP prosecution process specifically regarding Patents and Trademarks.
We are ready to provide a wide range IP services of patent, trademark, copyright, design and domain name filing, prosecution and litigation services to our clients.
The major services provided by us include but are not limited to the following:
The foundation of any industry, corporation, business or sector is based on its ability to fine-tune its operation to an extent that it has the time to focus on aspects that really contribute to growth and development.
These are known as core activities and while their importance cannot be questioned there is another side to the picture. There is always a wide range of tasks that support the main ones without which no industry can function well. The same is relevant for the legal scenario too.
Client servicing, trials, depositions and exact interpretation of the law form the basis of legal practice but all these have to be ably backed up by drafting of contracts, agreements, documents and letters and legal research on cases including non-legal research. These paralegal tasks are crucial to the success of any case.
It has been proved beyond any reasonable doubt that if you opt for paralegal support services it can do wonders for your legal firm. But before coming to a detailed analysis of how and why this can be achieved, it will be relevant to see the areas of law for which you can take help of these specialized services.
These include broadly all branches of corporate and business law, criminal and civil law, banking, finance, bankruptcy and labor, and employment law and others pertaining to patents and trademarks, product liability, personal injury, and immigration laws.
This list is only indicative and not exhaustive in nature. Any backup required under these laws can be safely entrusted to paralegal outsourcing agencies that have over the years built up a strong infrastructure of resources and are well versed in the finer nuances of every aspect of the law.
There are two scenarios that will be considered here and these are the biggest beneficiaries of a top of the line paralegal support services:
While the business goals are different for these two entities, there is common ground when it comes to outsourcing paralegal services . In both cases, you can take assistance on-demand from these agencies without resorting to adding to the staff strength whenever there is a short-term rise in legal requirements. This will keep overheads under control.
There is also an increase in productivity as you have the time to focus on core activities related to your business or law firm while outsourcing the regular and tedious tasks to paralegals. Examples of the work that can be delegated include assistance in due diligence, reviewing contracts and agreements and normal corporate assistance in legal matters which the regular legal department need not be tied down to.
For law firms specifically, you can be sure that paralegal support services have the necessary professional expertise to carry out all backup services. You do not need to get tied down to the tedious task of legal research, drafting, and preparation of contracts and agreements and reviewing existing letters and documents for loopholes in the law.
This saves you the costs of hiring a legal team to look after these aspects only, more so since backup work is mostly on a project to project basis and not all forms run simultaneously. Permanent staff will, therefore, be underutilized.
This is the sector that is most benefitted by paralegal support services. If you have a small law firm these services are like an extension of your business. You need not be limited by scalability issues knowing there is a whole team of expert paralegals to support you.
There is a significant saving in infrastructure investment as the majority of the work can be outsourced while you focus on incremental business and new clients as well as trials and depositions. The research and preparation of briefs will be ready for you at prices that will not break your bank.
The same is true for individual and solo practitioners of law who can depend on expert services, both on legal and administrative fronts. They can expand business knowing that there is always a team of senior paralegals to back them up in every respect. This is a big help especially when they take on more business without having to incur prohibitive overheads.
Do not worry when you go for more business or in the case of law firms or corporate entities when there is a sudden jump in the quantum of business. Paralegal support services will take care of the finer details leaving you to concentrate on the broader picture.
Patent is an important form of intellectual property which provides the owner statutory rights over invention by the government to exclude others from making, using, selling and importing the invention for a fixed tenure, without the patentee’s consent. Patent is a property right to the inventor which is granted for new, useful and non-obvious inventions for a period of 20 years from the date of filing of patent application.
To get a patent, the complete technical information about the invention is required to be disclosed to public.
Patent Domain Expertise: Our team includes professionals having advanced degree in science and engineering from prestigious institutes, having strong experience in delivering a wide array of patent services. We offer patent services in the below listed technical domains (arranged in alphabetical order):
Our firm provides following services:
The search is based on various patent and non-patnet literatures available worldwide with the help of different databases
Our firm provides the detailed report on the patentability opinion for the invention on the basis of novelty, inventive step and industrial applicability.
We offer services for infringement analysis of invention and give technical advice against identified patents.
We offer patent literature search for issued or pending patents and obtain the legal opinion whether a product or process may be considered to infringe existing patents.
We offer services of provisional and complete patent specification drafting fulfilling the requirements of IPO, PCT, USPTO, EPO, JPO, KIPO etc.
We offer services related to filing provisional and complete Indian Patent applications, PCT national phase applications, applications under Paris Convention, patent of addition etc.
We carry out Patent valuation and validation.
We provide services of filing for compulsory licence.
We give advices related to technical or legal issues in court proceedings involving IP matters
A trademark is a type of IP consisting of a recognizable sign, design or expression which identifies products or services of a particular source from those of others. We provide services for trademark filing, prosecution and litigation to clients.
We offer various services including:
Copyright is the exclusive right given to the creator of a creative work to reproduce the work, usually for a limited time. Any literary, artistic, educational or musical form of work is considered as creative work. Copyrights are the territorial rights granted by public law. It is meant to protect expression and not idea.
Typically, the public law duration of a copyright expires 50 to 100 years after the death of copyright holder, depending upon the jurisdiction.
The various services in relation to copyrights by our firm are briefly given below:
An industrial design particularly includes the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to any article in two dimensional forms. It can be protected before design registry.
The maximum time period for which your industrial design can be protected is ten years. A government maintenance fee must be paid five years after registration (or within six months after that upon payment of an additional late maintenance fee) in order to keep the registration valid.
The various services provided by our firm with respect to design registration are as follows:
We provide services of searching existing designs and give report and advice based on that availability
We provide systematic filing of application for design registration. The Application along with the required documents must be submitted to the Design Wing of the Patent Office in Kolkata or to any branch office of Patent Office in Delhi, Mumbai or Chennai.
This firm provides prosecution services including examination reports analysis and further responding and attending personal hearing before the controller of patents and designs.
We offer services for opposition proceedings of designs before the controller
We handle legal matters related to Infringement or appeal against the controller decision.
Geographical Indications include sign on products that have a particular geographical origin possessing features or a reputation that occurs particularly due to that origin.
Geographical indications are protected in accordance with national laws and under a wide range of concepts, such as laws against unfair competition, consumer protection laws, laws for the protection of certification marks or special laws for the protection of geographical indications or appellations of origin.
The GI tag in India is governed by Geographical Indications of Goods (Registration and Protection Act), 1999 and is administered by the Controller General of Patents, Designs and Trade Marks.
We provide following services related to GIs:
Broadly speaking, any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of trade secret. Depending on legal system, protection of trade secrets forms part of the general concept of protection against unfair competition or is based on specific provisions or case law on protection of confidential information.
The subject matter of trade secrets is usually defined in broad terms and includes sales methods, distribution methods, consumer profiles and advertising strategies, lists of suppliers and clients, and manufacturing processes. While a final determination of what information constitutes a trade secret will depend on the circumstances of each individual case, clearly unfair practices in respect of secret information include industrial or commercial espionage, breach of contract and breach of confidence.
We provide following services related to Trade secret:
Up on clearing the Indian patent agent exam conducted by Indian Government under The Patent Act, 1970, candidates will get an opportunity to become an international patent professional.
Indian Patent Agent Exam was going to be conducted by the Controller General of Patents, Department of Industrial Policy & Promotion, Govt. of India, notified that the Indian Patent Agent Exam to be conducted in the month of January 2026.
PATENT AGENTS: Patent Agents, also called Patent Attorneys are specialist Techno-Legal advisors, similar to Lawyers, who advice their clients how to protect their inventions. Patent Attorneys work either in IP Law Firms or in Patent Departments of large industrial Organizations in India or Abroad.
CAREER SCOPE:
DETERMINDS IP SERVICES is going to conduct coaching for Patent Agent Examination as per the following schedule:
MODE OF PROGRAMME: We have prepared individual Modules of study materials for Paper I, II & Viva Voce. Immediately after receiving application, we will send you the modules. We suggest you to read the materials before attending class room coaching. Class room coaching will be conducted on the following center:
Hyderabad: 4th October 2025 to 21st December, 2025. Admission for Hyderabad classes open from 1st September 2025 to 30th September, 2025.
The venue of the coaching will be communicated, directly to participants
The Training Program is scheduled as 12-week program - classes will be provided every weekend starting from 4th October 2025 till 21st December 2025. Training program is scheduled in such a way that morning there will be teaching sessions and post lunch there will be tests, via-voice, quiz, group discussions, presentations by participants etc.
WHO ARE ELIGIBLE?
Degree holders in Science, Pharmacy, Engineering and Technology.
ADMISSION: For Fees, Registration & further details E-mail to: [email protected] or SMS your Email ID to +91-8885406788.
COURSE CERTIFICATE: DETERMINDS IP Services (DMIPS) Shall Issue A Separate Certificate of Training: Training On Indian Patent Law & Practice
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner's consent.
Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.
The protection is granted for a limited period, generally 20 years from the filing date of the application
Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, for example – or a process for producing a specific chemical compound. Many products in fact contain a number of inventions. For example, a laptop computer can involve hundreds of inventions, working together.
Patent rights are usually enforced in a court on the initiative of the right owner. In most systems a court of law has the authority to stop patent infringement. However the main responsibility for monitoring, identifying, and taking action against infringers of a patent lies with the patent owner.
Licensing a patent simply means that the patent owner grants permission to another individual/organization to make, use, sell etc. his/her patented invention. This takes place according to agreed terms and conditions (for example, defining the amount and type of payment to be made by the licensee to the licensor), for a defined purpose, in a defined territory, and for an agreed period of time.
A patent owner may grant a license to a third party for many reasons. The patent owner may not have the necessary manufacturing facilities, for example, and therefore opts to allow others to make and sell his/her patented invention in return for “royalty” payments. Alternatively, a patent owner may have manufacturing facilities, but they may not be large enough to cover market demand. In this case, he/she may be interested in licensing the patent to another manufacturer in order to benefit from another income stream. Another possible situation is one in which the patent owner wishes to concentrate on one geographic market; therefore the patent owner may choose to grant a license to another individual/organization, with interests in other geographical markets. Entering into a licensing agreement can help to build a mutually-beneficial business relationship.
Unlike selling or transferring a patent to another party, the licensor continue to have property rights over the patented invention.
Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting (patents held by Edison and Swan) and plastic (patents held by Baekeland), to ballpoint pens (patents held by Biro), and microprocessors (patents held by Intel, for example).
Patents provide incentives to and protection for individuals by offering them recognition for their creativity and the possibility of material reward for their inventions. At the same time, the obligatory publication of patents and patent applications facilitates the mutually-beneficial spread of new knowledge and accelerates innovation activities by, for example, avoiding the necessity to “re-invent the wheel”.
Once knowledge is publicly available, by its nature, it can be used simultaneously by an unlimited number of persons. While this is, without doubt, perfectly acceptable for public information, it causes a dilemma for the commercialization of technical knowledge. In the absence of protection of such knowledge, “free-riders” could easily use technical knowledge embedded in inventions without any recognition of the creativity of the inventor or contribution to the investments made by the inventor. As a consequence, inventors would naturally be discouraged to bring new inventions to the market, and tend to keep their commercially valuable inventions secret. A patent system intends to correct such under-provision of innovative activities by providing innovators with limited exclusive rights, thereby giving the innovators the possibility to receive appropriate returns on their innovative activities.
In a wider sense, the public disclosure of the technical knowledge in the patent, and the exclusive right granted by the patent, provide incentives for competitors to search for alternative solutions and to “invent around” the first invention. These incentives and the dissemination of knowledge about new inventions encourage further innovation, which assures that the quality of human life and the well-being of society is continuously enhanced.
This is common question being asked many times by inventors in hope of judging whether it is really worth to go for filing patent for the invention.
Before answering this question, I would ask what are the advantages of having a real estate property on your name?
Advantages of owning patent would be:
As a research student, you need to be very careful that you are not putting all of your efforts in something which is already invented and patented. If that becomes the case, you would be re inventing wheel and probably all your research efforts are not worth whole a lot. Having said that, we have also seen many people working on particular invention gets discouraged up on finding hundreds and thousands of patent from their domain and similar to their technology...
Getting patent is NOT always about inventing something earth breaking solution !!! even small solution solving problems in existing (known) technology can win patent.
Many patents are awarded for inventions that are either
So, a prior art documents or patents that are already existing can be 99% similar to your invention Yet, if your invention has either technical advance or economic significance or both... and you can prove it that your invention is better than existing ones by means of results comparisons testing and if possible working model, then there is a strong possibility that you may get patent for your invention.
The best way to go about making this decision is get help from patent agent and patent attorneys.
The novelty search (also called as patentability search) is performed for the same reason, This patentability search, done right, can yield pretty fantastic results for your invention;
This is most common question raised in minds of anyone who becomes interested in knowing about patent in India and protecting the invention. This question comes from every sector and domain imaginable. You may be
So the best advice would be...
Get patent professional involved for writing and filing patent.
You would be amazed to find out the value added by a professional patent agent or patent attorney when working on your idea and filing patent.
Honestly saying, there are some inventors who have written their patents on their own, with unbelievable quality of balancing technical and legal aspects of patent, that it astonishes even experienced patent professionals. But this is rare case, more often than not people need professional help since patent is not only a technical document... it is a techno - legal document. Having an experienced patent professional (patent agent) guiding you through the process of getting your invention patented can make a large impact to an extent of patent granted or patent rejected.
You can quickly find out how much it cost to get patent in India by reading this guideline on patent costs.
Step 1: Write down the invention (idea or concept) with as much details as possible
Collect all the information about your invention such as:
Step 2: include drawings, diagrams or sketches explaining working of invention
The drawings and diagrams should be designed so as to explain the working of the invention in better way with visual illustrations. They play an important role in patent application.
Step 3: check whether the invention is patentable subject matter
All inventions may not be patentable, as per Indian patent act there are certain inventions that are not patentable explained in detail in(inventions not patentable)
Step 4a: Patentability search
The next step would be finding out whether your invention meets all patentability criteria as per Indian patent act? That is,
Step 4b: Decide whether to go ahead with patent
The patentability report and opinion helps you decide whether to go ahead with the patent or not, chances are what you thought as novel might already been patented or know to public in some form of information. Hence this reports saves lots of time, efforts and cost of the inventor by helping him decide whether to go ahead with the patent filing process or not.
Step 5: Draft (write) patent application
In case you are at very early stage in the research and development for your invention, then you can go for provisional application. It gives following benefits:
When you complete the required documents and your research work is at level where you can have prototype and experimental results to prove your inventive step you can file complete specification with patent application.
Filing the provisional specification is the optional step, if you are at the stage where you have complete information about your invention then you can directly go for complete specification.
Step 6: Publication of the application
Up on filing the complete specification along with application for patent, the application is published after 18 months of first filing.
An early publication request can be made along with prescribed fees if you do not wish to wait till the expiry of 18 months from the date of filing for publishing your patent application. Generally the patent application is published within a month form request form early publication.
Step 7: Request for examination
The patent application is examined only after receiving request for examination that is RFE. Up on receiving this request the controller gives your patent application to a patent examiner who examines the patent application with different patentability criteria like:
The first examination report submitted to controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and same is reported to patent applicant.
Step 8: respond to objections
Majority of patent applicants will receive some type of objections based on examination report. The best thing to do it analyse the examination report with patent professional (patent agent) and creating a response to the objections raised in the examination report.
This is a chance for an inventor to communicate his novelty over prior arts found in the examination report. The inventor and patent agent create and send a response to the examination that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria.
Step 9: clearing all objections
This communication between controller and patent applicant is to ensure that all objections raised in the patent application are resolved. (if not the patent will not be granted ) and the inventor has his fair chance to prove his point and establish novelty and inventive step over existing prior arts.
Up on finding the patent application in order of grant, it is grant to the patent applicant as early as possible.
Step 10: Grant of patent
The application would be placed in order for grant once it is found to be meeting all patentability requirements. The grant of patent is notified in the patent journal which is published time to time.
What is a patent? What are the benefits of patent registration? Several such questions strike the mind of an inventor when he comes up with new ideas and tries to associate them with patenting. A patent is one of the many exclusive forms of Intellectual Property Rights (IPR) granted to an inventor for the unique invention by his nation’s government. Intended to prevent others from copying, trading, modifying, or importing the inventors’ ideas without their consent, patent protection continues for years. Patent Law is territorial bound and thus, different for different countries, for example – the patent granted in India lasts for 20 years from the date of filing. Note that anyone can use the invention after this duration. Once the applicant gets a patent, he can enjoy many benefits.
Patent law develops the inventor’s confidence to generate more ideas by making him the only owner of his invention. Comparatively different from other kinds of Intellectual Property (IP), patent rights can be bought, licensed, or sold. Since these rights are country-specific, the patent law of one nation gives the rights valid within that country only. For instance – the patent granted in India gives rights that prevent unauthorized users from infringing, i.e., importing or using others’ ideas within Indian Territory. Besides inventors, the patent system benefits the nation by growing its economy, as it enables the public to get the desired products and services at affordable prices.
There are a lot of benefits that the owner can enjoy after obtaining a patent, some of which are as follows:
Patent registration begins bestowing the inventors with the benefits right from the first step, i.e., the time of filing for the patent. The applicant gets the security and surety that no other person or company could claim the ideas similar to his invention, as soon as he files the Provisional Patent Application. If someone else applies for the same patent, his request will get rejected for the filing period, which is 12 months in India.
The patent law entitles the owner to use his ideas in any way for the permitted period. It means that the owner owns full freedom to utilize, sell, or even modify the original invention and to prevent others from making profits from the same ideas without his consent. With the granted patent, the inventor gets the ability to sue the user whom he finds infringing his patent rights. Note that patent infringement is a criminal offense.
Sometimes, the owner finds that his invention is not bringing good outcomes for him and therefore, wants to hand it over to any other deserving or successful person. Once obtained, the patent rights allow him to earn a good amount of ROI, i.e., returns on his investments by commercializing the invention.
Patent rights enable the inventor to get a noticeable market status and improve his portfolio by uncovering the invention publicly. It then helps him in building up a good relationship with consumers and competitors that ultimately add to his revenue.
Patent rights allow public disclosure that helps the inventor in building up his portfolio along with increasing the funds, market value, and business partners. Sharing information that pertains to the invention publicly will demonstrate the inventors’ specialization and good command over the technical subject-matter. All these facts benefit the owner by attracting leading and high-end investors, shareholders, business partners, and consumers.
If the invention is not patented, then it becomes difficult for the owner to prevent others from stealing and using his ideas to obtain all the above-given benefits. After reading the above-provided information, you can easily conclude that for getting a patent, the inventor should be familiar with the IP industry, patent laws, market scenario, competitors, consumers, etc. The inventor needs to remain cautious as well as up-to-date in regards to patent standards and required documents. However, the process of patent registration may appear a bit arduous, but earning protection for your invention for a certain period is worthy.
A simple answer however is, anything that qualifies to be an invention can have a patent granted to it. In the above answer, the word “invention” is the key word that requires definition.
In US, any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof may have a patent granted to it, provided it satisfies all other requirements of patentability.
In India, an invention means a new product or a new process that involves technological advancement and/or has economic significance, which makes that new product or process non-obvious to a person who is skilled in the technology to which the product or process belongs. Additionally, the new product or process should be capable of being made or used in an industry for it to qualify as an invention.
Most of the patent offices provide a simple definition of the word invention. However, they also provide a list of exclusions, which are not considered as inventions. This list is the one that often stirs up debates.
The following are not inventions under Section 3 within the meaning of The Patent Act,1970 —
No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962)
It has been a common misconception that, a patent application is queued for examination after it is filed at the Indian Patent Office (IPO). In India, filing a patent application does not essentially mean that an Applicant for the patent is requesting the IPO to examine his patent application. In fact, the Applicant can refrain from filing a request for examining his application up to 48 months from the filing date of the Indian patent application.
It shall be noted that, if the Indian patent application is claiming priority from a corresponding patent application filed in a convention country or a PCT application, then the 48 month duration is calculated from the priority date of the Indian patent application.
In light of the above discussion, it is certain that, unless a request for examination is filed, the patent application will not be queued for examination. Having said that, by no means are we saying that just because an examination request has been filed, the patent application will be queued for examination.
A second criterion has to be satisfied as well for the application to be queued for examination, and the second criterion is publication of the patent application. The patent application is published after 18 months from the date of filing the Indian patent application, unless an early publication request is filed. In case an early publication request is filed, then the patent application is normally published within 1 month from the date of filing such a request.
We can summarize the above content by mentioning that, a patent application will be queued for examination after both the below listed criteria are satisfied:
The above mentioned are the criteria for the patent application to be queued for examination. Once queued, it can take a considerable amount of time, at least 2 years, to receive an examination report from the IPO.
In order to expedite the patenting process in India, it is advisable to satisfy the above listed criteria as soon as possible.
The following persons are entitled to apply for patents under Section 6 within the meaning of The Patent Act,1970 —
Patent infringement happens when a third party uses, sells, manufactures or imports patented products or technology without the permission from the patent owner. For infringement to occur, the prohibited activity also has to happen:
Many cases of infringement occur unintentionally. If you suspect infringement, it may be worth taking a considered approach to resolve the issues amicably or settle out of court. You can:
If you are unable to settle the issue informally, there are two alternatives available:
Although the opinion is not binding, it can help to resolve issues without going to court.
Patent infringement actionIf you are unable to reach an agreement out of court, you can try to resolve disputes through civil law litigation. This should usually be a last resort. Litigation costs can be prohibitively high and you will have the burden of proving infringement.
There are no specialized patent courts in INDIA. To initiate legal proceedings, you can file a claim either through the IPO or through the High Court in India (if your claim is complex or valuable). You can file some type of proceedings only through one or the other.
Remedies for patent infringementSuccessful patent enforcement action usually results in one of two legal remedies:
Bringing an action for patent infringement is complicated. If you need to enforce your patent rights, you should seek professional or legal assistance.
The top three advantages of patents are:Trade secrets are essentially of two kinds. On the one hand, trade secrets may concern inventions or manufacturing processes that do not meet the patentability criteria and therefore can only be protected as trade secrets. This would be the case of customer’s lists or manufacturing processes that are not sufficiently inventive to be granted a patent (though they may qualify for protection as a utility model). On the other hand, trade secrets may concern inventions that would fulfill the patentability criteria and could therefore be protected by patents. In the latter case, the SME will face a choice: to patent the invention or to keep it as a trade secret.
Some advantages of trade secrets include:Contrary to patents, 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. For these reasons, the protection of trade secrets may appear to be particularly attractive for SMEs. There are, however, some conditions for the information to be considered a trade secret. Compliance with such conditions may turn out to be more difficult and costly than it would appear at first glance. While 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):
Trade secrets are widely used by SMEs. In fact, many SMEs rely almost exclusively on trade secrets for the protection of their IP (although in many cases they may not even be aware that trade secrets are legally protected). It is important, therefore, to make sure that enterprises take all necessary measures to protect their trade secrets effectively. This includes:
Plot No. 43, Flat No. 202
Sai Leela Apartment, Sai Leela Enclave Layout,
Ashok Colony, Kapra, A.S. Rao Nagar
Hyderabad - 500062
Telangana, India.
Flat No:101, Plot No:362,
Namaha Villas, Kavya Avenue,
Bachupally
Hyderabad - 500090
Telangana
India.