FAQs
Questions we are asked most often.
General information about intellectual property. It is not advice on any specific matter, which depends on the facts involved.
Patents
What can be protected by a patent?
A patent protects an invention: a new technical product or process that offers a new solution to a problem. The invention generally needs to be novel, involve an inventive step and be capable of industrial application.
What is a patentability assessment?
It is a review of an invention against publicly available information to form a view on whether it is likely to meet the requirements for patent protection, and to identify how the invention may best be positioned.
Why is a prior-art search useful before filing?
A prior-art search looks for earlier publications, patents and disclosures that resemble the invention. It informs drafting decisions, helps set realistic expectations and can save cost later in the process.
What is the difference between a provisional and a complete specification?
A provisional specification describes the invention at an early stage and secures a filing date. A complete specification sets out the invention fully, along with the claims that define the scope of protection.
Trademarks
What does a trademark protect?
A trademark protects the marks that identify the source of goods or services, such as a name, logo, or a combination of elements used in trade.
Should a trademark search be conducted before applying?
A search helps identify identical or similar marks already on record, which supports a more informed decision about adopting or filing a particular mark.
What happens if the application receives an objection?
An examination report may raise objections. A response addressing those objections is prepared and filed within the applicable timeline, and the matter may proceed to a hearing if required.
Does a registered trademark need to be maintained?
Yes. Registrations are subject to renewal, and ongoing portfolio maintenance helps keep records, ownership details and renewals in order.
Copyrights
What kinds of work can be registered?
Copyright applies to original literary, dramatic, musical and artistic works, as well as software, and certain digital and creative material.
Is registration necessary for copyright to exist?
Copyright generally arises on creation of an original work. Registration creates a formal record that can be useful when ownership needs to be demonstrated.
Designs
What does design registration cover?
Design registration covers the visual appearance of an article: features such as shape, configuration, pattern or ornamentation, rather than how the article functions.
When should a design application be filed?
Design protection generally depends on the design being new and not previously published, so filing is usually considered before public disclosure.
Filing
Can filings be handled without meeting in person?
Yes. Consultations, documentation and communication can be handled online, which allows clients across India to be supported.
Can an individual apply, or is a company required?
Applications may be made by individuals as well as by companies, institutions and other organisations, depending on the right in question and the ownership position.
Documentation
What documents are usually required?
Requirements vary by right and by applicant. At the outset, details of the applicant, a description of the subject matter and supporting material such as drawings or samples are typically discussed.
How is confidential material handled?
Information shared for the purpose of a consultation or an engagement is treated as confidential and used only for that purpose.
Timelines
How long does registration take?
Timelines depend on the type of right, the examination process and any objections raised. Expected stages and current status are communicated as a matter progresses.
Are there deadlines to watch after filing?
Yes. Most rights involve procedural deadlines for responses, renewals and other requirements. Tracking those dates is part of portfolio management.
General IP Questions
Which right applies to my work?
It depends on what is being protected: inventions, brand identity, creative works and product appearance are each covered by different rights, and a single product may involve more than one.
Is the information on this website legal advice?
No. The content here is general information about intellectual property. Specific circumstances should be discussed directly so that advice can be given on the facts of the matter.
Consultation
Have a specific IP requirement?
General answers only go so far. Share the details of your matter and we will advise on the options that apply to it.
