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BEST PRACTICE ON HOW TO NAME YOUR BUSINESS | BRANDING & TRADEMARK CASE STUDY – MICROSOFT INDIA

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Patent Filing in India

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Proper Business Structuring for Clear Ownership of Brands, Accompanying Trademark Rights and Related Intellectual Property (IP)

Naming your ‪#‎business‬ properly is very crucial. Don’t try to get undue advantage of existing brands as it may lead to lot of troubles. 
Someone tried using “Microsoft Multimedia” in education sector believing that “Microsoft” ‪#‎trademark‬ protection is limited to software & IT. 
Case was filed in Delhi High Court and it was ruled that MS is a well known trademark, and rights can be enforced even if trademark is not filed in other classes. 
MS claimed damages in excess of Rs. 20 lakh while offending party has been fined with Rs. 5 lakh as damages. ‪#‎startups‬
Details here: http://goo.gl/WiUYNN

We at Tech Corp Legal LLPregularly post such updates with details of International Patent Laws, and International Patent Procedures. Our team is proficient in services related to International Patents, PCT Filings, PCT National Phase in India, Patent Searches, Patent Drafting Services, Patent Claim Construction, Patent Drafting From Invention Disclosure Form, Patent Drafting to Indian Companies, Patent Draft for foreign inventors, Patent Oppositions, Pre-grant Patent Opposition in India, Post-grant Patent Opposition in India, Patent Infringement in India, Patent Drafting in India, USPTO Patent Drafting, EPO Patent Drafting, Patents, Trademarks, Copyrights, Designs, Domain Names, Geographical Indications, Layout Design of Semiconductor Integrated Circuits, Enforcement of Intellectual Property Rights etc.

Indian Patent Office publishes patent by way of official patent journal, which is published every week on Friday. We at Tech Corp Legal LLP, an International Law Firm headquartered in New Delhi, India, regularly post crucial details of published patents with details of Indian Patent Laws, Indian Patents Act and Indian Patent Procedure.

International Patent Filing in India FAQ

Does an International Patent Application filed under Patent Cooperation Treaty (PCT) designating India be treated as a patent application for grant of patent under the Indian Patent 1970 Act?

Yes, an international patent application filed under Patent Cooperation Treaty (PCT) designating India shall be treated as a patent application for patent under the Indian Patent Act if filed within 31 months from the earliest priority date of the patent application before the Indian Patent Office.

Will filing a patent application under PCT grant worldwide patent protection?

No, the Patent Cooperation Treaty (PCT) patent application doesn’t provide universal or worldwide protection for a claimed invention. The international patent application only provides interim way out to extend the time line for filing the patent application in other foreign countries. The time available under Paris Convention for securing priority of the patent application in other countries is 12 months from the date of initial filing. Under the Patent Cooperation Treaty (PCT), the time available could be as much as minimum 20 and maximum 31 months in case of India. Moreover, a patent inventor is also benefited by the international search report prepared under the PCT system to be sure that the claimed patent invention is novel and non-obvious to a person skilled in the art. The patent inventor can also select for preliminary examination before filing in other foreign countries to be very positive about the patentability of the claimed invention.

Required Details and Patent forms for filing of Patent Application in India | National Phase Patent Filing in India (PCT)

  1. Complete Patent Specification including patent claims (Patent Form 1, Patent Form 2, Patent Form 3 and Patent Form 5)
  2. Patent Drawings (if any)
  3. Patent Priority Documents
  4. Patent Abstract
  5. International Search Report (ISR)
  6. International Preliminary Examination Report
  7. WIPO Patent Publication
  8. Power of Attorney

To read more on Filling International Patent Application under National Phase in India before Indian Patent Office: Click Here

To read more on Prior Art Searching in India: Click Here

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Disclaimer

Tech Corp Legal LLP presents a summary of patent specifications with associated drawings for journalistic news purposes as each such patent application is disclosed by the Indian Patent Office in the official patent journal. Full text of any patent specification should be read in its entirety for full and accurate details by downloading the patent specification from the Indian Patent Office website. Tech Corp Legal LLP is no way associated with the above mentioned company/individual(s) in any manner whatsoever. About Comments: Tech Corp Legal LLP reserves the right to post, dismiss or edit comments.

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