Creations in the form of inventions, artistic and literary work, symbols, designs, images, and names come into the category of Intellectual Property. It is essential to understand that this property is an outcome of the human intellect, which bestows ownership rights to the creator or the authorised person.
Drastic technological and social developments are the reasons that have changed the whole appearance of Intellectual property laws. The interrelated nature of developments and technologies impacts the foundation or idea behind the invention and the procedure and approval required for obtaining rights on the developments.
Intellectual property is a large domain that covers the counterparts in the form of rights or properties. Some of these require registration to acquire the necessary authority, whereas some have authorisation upon the development itself.
Types of Intellectual Property
Copyright
Literary and artistic works by the creators gave them economic and moral rights to protect the work in the form of the author’s right or Copyright. It is a form of legal protection for the results, that is, the expression, because ideas, methodology, procedure, and concepts concerning creation are excluded.
Newspaper articles, maps, advertisements, poems, and novels are some examples that are part of the immunity granted by Copyright.
Patent
The patent is known as an exclusivity right for the invention, in which novel solutions are offered which are generally technical. It is requisite that a new way of technological solutions is introduced for the existing problems. Further, the offered solution must be made public for industrial use.
The main motive for introducing exclusiveness is to prevent the commercial exploitation of inventions. Hence, the patent owner has the right to stop others from using it without his consent.
Trademarks
Trademarks are the signs, symbols, and shapes fastened to a particular product or service for its distinguishment and identification. Similar to Patent rights, exclusivity rights are also part of trademarks but concern the distinguishing features of a product or service. In contrast, in a Patent, the right is available for the claim or technical solution.
Identifying the Source of origin or producer is the fundamental reason for applying for a trademark.
Industrial Designs
The non-functional and decorative aspects of a product or an article, such as shape, patterns, and colour, constitute industrial design in legal terms.
Exclusive ownership rights are available for these industrial designs through registration, which stops the third party from manufacturing, selling, and importing similar designs without authorisation.
Household goods, jewellery, lighting equipment, and textiles are the categories that have seen a wide variety of products where these designs apply. Hence, depending upon the designs and laws prevailing in the nation, protection of a maximum of 10 years is awarded.
Geographical Indications
Geographical indications are the signs applied to a product that defines the quality or reputation owned by a particular place or origin. It is crucial to connect the product and the place of origin in the form of unique quality and reputation.
Production by rural, marginal, and indigenous communities gets this GI authorisation for the uniqueness reflected in the product. Hence, only the registered users obtain the right over the product name, through which they can prevent others from using it.
Intellectual Property Approach at the National level
Patent Drafting and Filling
Generally, drafting is understood as a sketch similar to a business plan or a format describing the future potential of an invention. However, it is incorrect to suggest the aforesaid description because drafting consists of specifications of the claims related to the novel and non-obvious invention compared to the already existing technology or product.
To draft meticulous and precise applications, in-depth knowledge of existing and potential developments of patent law is necessary. PATHtoIP®’s commitment to delivering the best and unique perspective in the form of services enables its clients to have a strong and protected patent portfolio.
Strategic planning and submissions in the patent filing process depict our competency of PATHtoIP®’s highly qualified professionals. They ensure that effective and efficient processes have been adopted based on the client’s needs that help the client avail several business benefits in the initial stage of patent authorisation.
Preparation of patent Drafts and filling in compliance with the national standards, preparation and formatting of specifications, renewal, and conventional filling are some of the Services we at PATHtoIP® have offered, which require years of expertise.
Trademark Filling
A Unique mark that legally differentiates the products and services of a company from others also defines the goodwill and ownership associated with the business. Hence, several business gains are attached to a trademark. It is of utmost importance that professionals involved in filing the trademark application have in-depth information about pre and post-application procedure that gives effective results in the form of financial gains.
A good understanding of the laws and developments in trademarks, awareness of specific business practices and opportunities, and strategic capitalisation of them, differentiate PATHtoIP® from all as their enlightenment helps the client gain enormous benefits along with a well-developed portfolio.
Copyright Filling
Expressions such as Literary and artistic works are the particulars of creators getting protection through Copyright. In the digital realm, accessing and unauthorised usage of someone’s work is a relatively easy task. Hence, it becomes necessary to have a legal and registered right over the replication of work. Though automatic authorisation comes with the creation, globalisation and fast-changing developments added several disadvantages for the owners.
We at PATHtoIP®, with a portfolio of several successful copyright fillings and registration, persist with the vision of providing undisputable protection to the legal right in terms of ownership of work.
Services provided by them are not limited to filling, and the domain of their impeccable services extends to each step, from initial drafting to filling and other management litigations.
Industrial Design Filling
Identification details, including the look and feel of a product except for its utility, are part of Industrial designs or design patents. The registration or application process for design patents differs for each nation; hence, adopting a prevailing nation-specific approach based on the existing laws and developments is an indispensable part of availing the benefits of intellectual property.
Our well-versed and skilled professionals of PATHtoIP® understand the jurisdictional requirements and client-specific needs. Devising the best strategies to protect an organisation’s creative and authentic designs depicts the values adopted by them.
Geographical Indications Filling
The Geographical Indication of Goods (Registration and Protection Act) 1999 governs the protection aspect of Geographical Indications in India. Any authority or association of persons representing the best interest of producers can apply to attain such sign or mark which restricts the third party from unauthorised usage.
We at PATHtoIP® understand the importance of integrity and reliability in the professional realm. They believe in practising the values which result in protecting their client’s GI with other high-quality services for their Intellectual property.
Intellectual Property Approach in the International Sphere
Multi-national organisations, research institutions, and universities prefer patent protection internationally to the invention developed or owned by them. By delivering high-quality services to different jurisdictions, PATHtoIP® has its roots extended to the Drafting, filing, and prosecution sections for patents, trademarks, industrial designs, and Geographical Indications.
Patent Drafting
International patent protection is required when a particular organisation, institution, or individual seeks rights for an invention outside its nation in a specific country.
The sphere of protection for development is country-specific, which means one cannot apply for multiple countries in one application. Hence, patent drafting for an international application requires extensive research and knowledge of the product, its claim, and the application of the law to the particular jurisdiction.
We at PATHtoIP® have a team of experts that not only deals with clients seeking international patent protection but continuously work on expanding their knowledge of laws and developments for different countries that enhance the realm of benefits for the clients.
PCT Filling
Though patent protection application is country-specific, there is a criterion where an applicant can file a patent application to 152 countries through one single application. However, it is to be noted that those countries needed to be the parties to Patent Cooperation Treaty.
Since the PCT filing process is dissimilar from the usual patent filing process, PATHtoIP® ensures that their well-experienced attorneys handle the international patent applications of their clients, easing out the long hefty process.
Examination Report Response
The patent examiner, post-examining the patent application, provides an examination report mentioning the concerns or matters in the issue along with the necessary course of action to resolve them.
Reading the report carefully and responding to it at the earliest are the requisite steps to get the application reviewed; otherwise, a delay in response can sometimes make your development lose its novelty and non-obviousness.
To ensure that the report is studied extensively and well-planned guidance per the client’s requirements is offered, we at PATHtoIP® have the finest members on the team. Understanding the client’s perspective and the examiner’s requirements, they strategically propose the ways through which the invention doesn’t lose its authenticity, and the response application satisfies all the requirements.
Why Choose PATHtoIP®?
Professional legal advice becomes essential when seeking protection and rights for your intellectual property. PATHtoIP® analysed all such requisites and developed a team with a blend of highly qualified attorneys and technology experts.
Through extensive unbeatable experience and superior quality in the field of intellectual property domain, national and international spheres of drafting and filling have achieved an undisputable standard. PATHtoIP® has become a synonym for reliability and integrity, which are of utmost importance for any property owner or creator.