Frequently Asked Questions to file a Ip Watchdog in India.

February 3, 2017

 

 

Q.1  What is the term of a patent in the Indian system ?

          Term of the patent is 20 years from the date of filling for all types of inventions.

Q.2  How does one keep a patent in force for the full patent term ?

         A patent has to be maintained by paying the maintenance fees every year.

Q.3  What will happen if the patent is not renewed ?

          If the maintenance/renewal 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 paten

Q.4  How are patent rights enforced?

         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 infringes of a patent lies with the patent owner

Q.5  What is patent infringement ?

      Patent infringement is the act of making, using, selling, or offering to sell a patented invention, or importing  a product covered by a claim of a patent without the permission of the patent owner.  Further, actively encouraging others to infringe patents, or supplying or importing components of a patented invention, and related acts can also give rise to liability in certain cases.

Q.6  How does a patent infringement lawsuit begin?

          A patent lawsuit begins with the filing of a complaint alleging patent infringement by the patent holder” The patent owner may first send a “demand” letter that states that you are potentially infringing the claims of a patent and request that you pay for a license to use the patented invention, or it may go straight to court.

Q.7  How can I tell whether or not I’m infringing?

       To determine whether or not you are infringing a patent, you or your attorney would need to compare a patent’s claims and the accused product, system, or process. To infringe a patent, the accused must perform each and every element of one or more of its claims, or actively encourage, sell or offer to sell a component that leads to another infringement.

Q.8  My trademark expired six months ago. What can I do?

       You can apply for a restoration between 6 months to a year from the date of expiry, but a fine along with the renewal fees needs to be submitted to the registry while applying for restoration

Q.9  I wish to renew a trademark and also extend it to another class. Will it be treated as a new application?

          Yes any application to a new class will be considered as a new application; be it at the time of TM application, renewal or extending a registered Trademark into another class.

Q.10  Over a year has passed since the expiry of my trademark. What can I do?

          You need to send us your trademark details and we will get a form signed from you to renew your Trademark, but the government fine is higher i.e. around 10,000/- and it should not have been taken off the registry for this procedure to be done.

Q.11  My trademark has been taken off the registry. What can I do?

           You can breathe safe as no one else will be granted the Trademark but you will have to file a new application to get the TM back.

Q.12  Benefit of getting the TM application filed under the supervision of MYCrave in such circumstances?

         Our Team will keep a constant check, so if any further procedure is required like TM renewal, we will inform you before the date expires so that you can enjoy your name without paying any additional TM registry’s fine.

Q.13  Will we get objection in all the applications applied?

         No, it is not necessary if the word or logo is unique and does not cause any confusion or matches to any brand or does not hurt any religious feelings there is rarely any chance for any kind of objection

Q.14  Do you guarantee clearance in case of trademark objection?

            This decision depends on the government’s judgment but an appropriate response will increase the possibility of getting a complete clearance.

Q.15  I filed a trademark via MYCrave, now the government has raised an objection. Will I have to pay again?

            No, we do not collect any additional fees but the lawyers we will appoint will charge around 4000-5000(INR).

 

 

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