PROTECT YOUR BRAND GLOBALLY: INTERNATIONAL FILING SERVICES FOR: PATENT, TRADEMARK, DESIGN &

COPYRIGHT

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LOW-COST DIRECT FILING SERVICES IN USA | UK | CHINA | ALL EUROPE|S. KOREA | JAPAN | CANADA | AUSTRALIA 

 

INTERNATIONAL REGISTRATION PRACTICE AREA

Patent, Utility Model, Software Patent  

We have a dedicated team focused on the proposed Direct International patent application/PCT application, Software patent, Mobile app patent and utility model patent registration.

We offer an efficient and effective service in; matching the skills of our experts to your specific requirements.

 

Our expert team covers a full range of patent issues, from the very early stages of concept development to multi-jurisdictional enforcement.

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Design Patent Registration  

In order to obtain protection in other countries, an application for the registration of an industrial design or for the grant of a patent for an industrial design must be filed in each country where protection is sought, in accordance with the law of that country.

You can claim Indian Design Filing priority claim date with 6 months of filing your Indian application. We offer direct filing in Design Patent in all countries including major countries like Europe, USA, UK and China.

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Trademark & Copyright Registration

Exclusive services for international trademark registration. We file International trademarks across the globe.

If you looking to file a trademark in China, united kingdom (UK), USA (united states), Japan, S. Korea, Australia, Canada, Africa, Dubai and Europe. Fill out the contact form or call us for more details.

We offer low-cost model fee service. 

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Company formation &  Indian Office Setup

We offer faster and easy Indian company registration. If you are looking to register your company in India we are the right people for you.

We have helped many Korean, USA clients in past for the formation of a company in India and liaison offices.

We also offer Indian Business to set up their offshore companies In UK & USA on a regular basis.

                                                    

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PATENT REGISTRATION FILING SERVICES AT A GLANCE

All Patent

Application 

WHAT YOU GET

Free patent consulting  

Prior art search & International drafting standards

Provisional or Complete Patent Registration receipt

Local address* & application transaltion support

Local country attorney support and update

All inclusive price

Trademark, Design, Copyright Application 

WHAT YOU GET

Full Name Search Report 

Identifying International classification

 Filing receipt

Local address* & application transaltion support

Local country attorney support and update

Registration updates

All inclusive price

Company

Formation

WHAT YOU GET

Ready to trade Limited Liability Company

Registered Address

Local annual filing 7 other support

Bank account opening, 

Free credits* 

Vat or other necessary registration for trade

International mail forwarding & more

 Quick and Easy Order Process 

3 EASY STEP 

Fill Up the Details

in enquiry form at top of this page

Our team call you to discuss the detail. Received patent 

Documents in your email

Sign & Send it to us.

Your application prepare

and file in given time

 
 
 

What is the Utility Patent? What is the difference between a Patent and a Utility Patent Application?

A Utility patent also is known as a Utility model in some countries. A utility patent is a minor invention in nature. By meaning they are an improvement or new method new or improved—and useful—product, process, or machine machines, manufacturing, compositions of matter and business methods and improvements of the foregoing. Compositions of matter include chemicals, drugs and life forms.

On the other hand, Patent is generally granted or known as an invention that is novel and a new invention. To know more about Patent please read our Patent FAQ here.

Can I file Utility Patent in India?

A utility patent is not granted by very country and Indian for example doesn't grant I utility patent or software patent.
 

Then, Where I can file my Utility Patent?

Countries that grant Utility patent or Utility model or in some countries like Canada it also called Standard patent. The few countries like France, Germany, Poland, Spain, Canada, USA, Australia, Japan, China, Belgium, Netherlands and South Korea grant utility patent. If you need any further clarifications to get in touch with IP for the startup team.

Can I protect my utility patent in other countries with one application?

There is no PCT or International application centre for a utility patent. To protect your patent you need to file a direct application. But you can file applying directly to national IPO office of country that grants Utility patent.

How long Does it take to grant Utility patent?

Utility patent application procedure is similar to the patent application but many countries grant you utility patent between 6-12 months time period. Europe grant utility patent sometime in 6 months on condition that anyone can oppose the validity of patent and onus is own inventor to maintain patent registration.

What document required for filing Utility patent fee?

time Other than normal patent documents requirement if you are from India or country that requires their citizen to obtain NOC from IPO office if they are not first filing in their country but other countries.

What is a Utility patent fee?

Utility Patent fee varies from country to countries but approx the utility Govt fee is very cheap compared to Patent application. The Canada patent fee is 400 CAD and Europe, South Korea, Japan and China Utility Patent Govt. The filing fee is between 150 USD to 200 USD at maximum. (please check Country government website for accurate Fee structure).

How long does a utility patent last?

Some countries grant 7 years and some grant up to 15 years. The utility patent grant average period is 10 years by most countries.

Is utility patent right and ownership enforceable?

A utility patent, also known as a “patent for invention,” prohibits other individuals or companies from making, using, or selling the invention without authorization. What rights are conferred by a utility patent?

 

Important: Before filing any IPR application whether it's national within your country or  International filing it is always advised to carry out a patent search to ensure that your patent invention doesn't already exist and the chances of getting patent are high. This is also advised at the stage when you have an idea about your patent it simply your time and also a lot of money. 

Please remember one most important thumb rule thing that we advise our client on daily basis. If the patent already exists and grant by one of WTO or Paris convention member countries there are very high chances that you will not get patent in the country you are applying in fact 90% cases you will not get the patent in your country as well even if it's not patent in your country. To know more about the importance of Patent search and types please read our Patent Search FAQ

What is a software patent? 

A software patent is a patent that is provided to enhance computer performance by means of a computer application. A software patent is a property right, or type of utility patent, that protects any performance of a computer realised by means of a computer program. There is no legal or conclusive definition for a software patent. This and the topic of related intellectual property (IP) protection rights have been intensely debated at all levels in the tech world. 

On the other hand, Patent is generally granted or known as an invention that is novel and a new invention. To know more about Patent please read our Patent FAQ here.

 

Can I patent my software invention In India or other countries?

India software patent defined in CRI (the computer-related Inventions 2017 latest official Indian Govt paper). Section 3 of the Indian Patent Act define things that are not considered to be inventions or patent. Section 3(k) of the act says that “A mathematical or business method or a computer programme per se or algorithms are not patentable. "Per se or software per se" in the Indian patent act means a software by itself cannot be qualified as a patent invention

In summary, if you looking for software patent in India then it must pass the definition of  section 2(1)(ac) "capable of industrial application" and Section 2 (1) (l) defines "new invention" and must be Novel

Indian office may grant you software patent of your computer invention fit the above definition and mostly if it's in the form of a combination of Hardware and Software or work with any device i.e. Intel Chip that meets the above criteria. "Software per se" is not qualified in India. Therefore you may grant a software patent Also in other countries like the USA and Europe you may grant a patent if your app or software invention is not software per se but has technical advancement i.e. if it should be novel, have an inventive step, the software provides a non-obvious technical contribution and industrial use.

Can a software app be patented in India?

In India and the majority of the country, not already because it is an app. The important question is that It depends on what the app does. If your app solves a technical problem in a non-obvious way, it can be protected with a European patent. But if your app patent invention does not provide any technical contribution that could be the basis for an inventive step. So in short Only technical features can establish an inventive step (Comvik approach).

What is not included in Software patent in India?

  • Mathematical or business method or a computer programme per se or algorithms.

  • Literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.

  • Mere scheme or rule or method of performing mental act or method of playing the game.

  • Presentation of information.opography of integrated circuits;

  • The topography of integrated circuits.

Is software patent-eligible subject-matter in Europe?

Practically speaking: yes.

The patent-eligibility hurdle is extremely low at the European Patent Office. Anything that uses technical means passes the eligibility hurdle.

This means that:

  • An apparatus claim directed to a physical entity is automatically patent-eligible.

  • A "computer-implemented method" is automatically patent-eligible.

How long Does it take to grant Software patent?

Software patent application procedure is similar to the patent application but many countries grant you a patent between 3 years time period on the fast track programme you may get patent 30 months. Europe and USA grant patent sometime in 24-30 months.

What document required for filing software patent fee?

time Other than normal patent documents requirement if you are from India or country that requires their citizen to obtain NOC from IPO office if they are not first filing in their country but other countries.

How long does a software patent last?

If patent granted than 15-20  years 

What is a Software patent fee?

Software Patent fee varies from country to countries if you making direction application (Please check Country government website for accurate Fee structure). The software patent application can be made with a PCT application in all member countries. The PCT fee depends on ISA allocation and countries you wish to apply for protection. Good news is that Indian Govt reimbursed some money i..e up to 50-70% fee after patent publication or publish by IPO office. There is also a 90% reduction fee for Developing countries citizen like Indan Individual person. For Cost & actual Govt fee please write to us.

Can artificial intelligence be patented?

Artificial intelligence innovations on the mathematical/algorithmic level are regularly not patentable at the European Patent Office. But their application to solving a technical problem is patentable. So artificial intelligence and Blockchain may be patented in some countries and may not. The world leaders are putting their thoughts on such new technologies should be patent or not. Please watch this video for more clarification Europe software patent examination.

 

 

What is the COMVIK approach?

The COMVIK approach refers to the second hurdle to software patentability. Here, only those features in the patent claim which contribute to the solution of a technical problem are taken into account in the inventive step assessment, whereas the non-technical features are ignored. The COMVIK approach was first introduced in the landmark decision T 0641/00 (Two identities/COMVIK).

If my software invention doesn't fulfil criteria then how can  I protect my software invention In India?

The alternate route is copyright protection which, to be honest, better protection than Patent because you get copyright protection for 60 years and its very low-cost fee in India. Under copyright software protection you can protect your source code only, the application interface, schema Tables and quite a few things that make your invention novel and this novelty protected through Indian copyright application.

Can you patent software in Europe?

Yes, if the software provides a non-obvious technical contribution.

Ask yourself these control questions:

  1. How does the software differ from existing products and known concepts?

  2. Does the difference solve a technical problem?

  3. Is the solution more than a straightforward development

Is computer program patent claims possible?

If the claim set includes a patentable method claim, it is a best practice to also include a claim such as:

A computer program comprising instructions for implementing a method of claim.

This way, the European software patent not only covers actors that actually execute the method (which are sometimes your customers) but also competitors who offer the patented software only for download. Note that there is no need for a "non-transitory computer-readable medium" or the like, as in the US.

Guide for International Trademark Registration UK USA Filing FAQ's 

Can I register my Trade Mark Globally? Is a trademark registration valid worldwide?
No, not entirely. TM can be used & protected only in the country of registration. But under Madrid System is a one-stop solution for registering and managing marks worldwide. Pay one set of fees to protect your mark in the territories of up to 97 members. You can manage your portfolio of marks through one centralized system. The disadvantage of the Madrid system is sometimes its expensive than making a direct application with the country of interest where you seek protection.

Can I protect my Trademark in other countries with one trademark registration application?

Yes, you can file through a centralised  Madrid International trademark filing system. Madrid system is most effective when the trademark protection grant required in multiple countries or Countries of an association like Europe Union and Africa Intellectual Property office (OAIPO) that cover multiple countries in one application.

 

For example, if you want to protect your Trademark in Italy but through one application and same cost, you can protect your trademark in entire Europe trademark office if you assigned the trademark to Europe trademark office or OAIPO. International filing relatively higher than direct filing with the national patent office so if you are looking for Canada or  USA trademark office then file directly with their office instead of filing with WIPO.

Can I foreign nationality file Direct Trademark registration application with other Countries?

Yes, the majority of countries allow direct filing application except for a few countries like  China, Japan, South Korea and a few more. Y

Is it mandatory to have another country local attorney/representation is also required for filing a trademark application?

Countries like China, Korea, Japan also required translation in their own language and local attorney/representation is also required for filing an application.  Most of English speaking countries like the UK, Australia, Canada, USA and Europe doesn't require you to translate the application also doesn't require a local representation for application. If your trademark application has any objection or rectification than you may have to appoint a local attorney. We IP for startup offers local address support in the UK, Europe, China, South Korea and Japan.
 

Can I claim priority of Trademark registration?

Yes, you can claim priority if you have previously used the trademark directly or indirectly in the Countries you wish to apply. You can also claim the priority if you have used the trademark anywhere else in the world.

How long Does it take to grant trademark registration?

6-12 months time period In the case of Direct International trademark application with National office if there is no objection or opposition from registry or third party.  

 

On the other hand, the Madrid Protocol has set strict time limits of 12 or 18 months for objections to be raised by the designated offices. You can immediately start using the Trademark once you received your application number.

What document required for filing International trademark registration filing?

In general, most important documents is your statement regarding the use of mark, adoption, company details etc along with the nature of business. Your attorney based on this information the attorney will collect your statement and your brand logo jpeg image along with Authorisation letter on your behalf. Please note that for International trademark filing you must have your own active email for safer side.

What is a Trademark registration fee?

The Madrid protocol International Trademark filing official fee varies and it is between 1300 to 2389 USD (appx) for per application per trademark class. If the Trademark is black and white or standard text mark then the fee is lower side but if it's colour or collective mark than it's on the Higher side. The attorney for drafting country to countries but approx the utility Govt fee is excluded (not included) from the official fee. 

For example, if Indian business applying for trademark registration in the USA the Madrid official fee will be approx 1300 USD and attorney fee will be an additional fee. But If you file Direct application it will cost much less than Madrid official fee. So your attorney can guide which method is better to base on many factors. 

How long does a trademark registration last?

Trademark renewal application extends the protection by another 10 years. Trademark registration is valid for a period of 10 years and must be renewed before expiry.

Is the foreign Trademark right and ownership enforceable?

Only in the countries where you have obtained the registration, you can only enforce your trademark rights in the countries where your trademark has registered. Although like India other countries have provisions for enforcement of well known and unregistered mark it's a litigation matter and very expensive.

 

Important: 

 

Before filing any Trademark application whether you are filing a national application or international trademark filing it is always advised to carry out Prior database search to ensure that similar or conflicting trademark doesn't already exist. 

Please remember one most important thumb rule thing that we advise our client on daily basis. If the trademark already exists or conflicting trademark exists and grant by one of WTO or Paris convention member countries there are very high chances that you will not grant Trademark in the country you are applying. 

Please note that we  are not a law firm and do not provide legal services ourselves. The information on this website is for the purpose of knowledge only and should not be relied upon as legal advice or opinion.

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