Category: Intellectual Property

  • Machinery Or Equipment Loan

    Machinery Or Equipment Loan

    Machinery Or Equipment
    Loan

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    Although many SME loans on the market can be utilized for a variety of purposes, a specialized loan can be beneficial if you know why you’re taking out the loan. One sort of loan that can be used to purchase machinery is a machinery loan.

    What is a machinery loan?

    A machinery loan is a commercial loan used to purchase new machinery or equipment for a firm. Modern business equipment and cutting-edge technologies are fantastic methods to expand your firm, but obtaining the necessary finance can take time and effort. A machinery loan reduces barriers to business success and simplifies equipment financing. Sales and revenue rise in tandem with output as productivity increases.

    Numerous lenders provide machinery/equipment loans at attractive interest rates based on the applicant’s business profile, profitability, and need. Furthermore, businesses that receive loans for machinery to purchase machinery may be eligible for tax breaks under Indian regulations.

    In this case, as long as the loan is properly returned, the lender will keep ownership of the machinery you purchased with the loan funds. The loan requires no further collateral.

    Features of Machinery Equipment Loans

    The borrower must be completely aware of the equipment required for their business and the lender that can provide the best terms. We’ve compiled a list of the most important items to know when applying for an equipment loan.

    • Loan amounts vary based on the lender. When establishing the loan amount, lenders examine the cost of the equipment as well as the borrower’s credit history. In general, you can receive up to 75% of the cost of used equipment and up to 90% of the cost of new equipment. There are offers of up to Rs. 25 crore.
    • Security/collateral – The bought equipment has been hypothecated to the lender, so no extra security is required. However, the lender may want additional collateral for larger loans.
    • Eligibility – Miners, contractors, partnership firms, corporations, trusts, and societies all qualify. The company should ensure more than three years of commercial continuity.
    • Repayment terms typically range between three and seven years, with a six-month moratorium.
    • Interest Rate – The current interest rates for this loan range between 15% and 20%.

    Types of Machinery Equipment Loans

    • Construction Equipment
    • Medical Equipment
    • Printing Equipment
    • Plastic and Packaging Equipment
    • Manufacturing equipment
    • Aviation Industry Equipment

    Benefits

    • Timely production: Now that you have the necessary tools and machinery, you can be confident that your items will be manufactured quickly and efficiently.
    • Better productivity: Because the turnaround time for making products will be reduced, your company’s productivity will increase. Compared to before, you can now accept larger orders and finish deliveries faster.
    • Higher calibre: With access to superior equipment, the quality and sophistication of the products produced improve. Quality is a motivator for newer, larger orders and increased brand loyalty.
    • Reduced defects: As product quality improves, you should expect fewer defective components, resulting in decreased losses.
    • Low repair costs: Because the machinery will be brand new or in good shape, you will not be concerned about the expense of repairs or machine downtime. Idle time also causes unfathomable losses.

    Tax on the loan

    Many business loans qualify for tax breaks from the Indian government, particularly for small enterprises. A loan for machinery is one example of a tax-friendly loan. In other words, you can deduct the interest you pay on the machinery loan from your tax return. However, the main part of the loan is excluded from this restriction. In any event, lowering your overall taxable income for the fiscal year will result in a lower real tax owing.

    How does an equipment loan work?

    Typically, banks and equipment financing businesses provide equipment loans. They can be used to purchase new or old machinery and equipment. There is no need for extra security or collateral because the purchased equipment already serves as collateral. As a result, spreading the expense of equipment across several months or years is advantageous.

    Borrowers may borrow up to 95% of the equipment’s cost. Typically, the repayment duration is up to 60 months. Furthermore, compared to other loans, the processing time is low, and documentation is minimal.

    What is a Machinery and Equipment Loan?

    A machinery/equipment loan is a form of business loan used to fund the purchase of new machinery or equipment for a company. It improves corporate operations and increases production. Increased productivity will result in higher output and, consequently, higher sales and revenue.

    What documents are required for a Machinery/Equipment Loan?

    When applying for a machinery/equipment loan, you will need to submit the following documents:

    • KYC documents
    • Passport-sized pictures
    • Identity documents such as PAN, Aadhar, passport, and driver’s license.
    • Utility bills, Aadhar, passports, and driver’s licenses all serve as proof of address.
    • Income proof, such as the newest ITR files
    • Company account statement over the last 12 months.
    • Facility sanction letter
    • Quotation for machines to be acquired
    • Business Plan/Project Report

    A business plan, often known as a project report, is an important document when requesting for a bank loan. The bank utilizes this document to assess the project’s overall feasibility, risks, financial viability, and potential. A well-written and convincing project report improves the likelihood of loan acceptance. With Finaxis, you can create a captivating project report in less than 10 minutes. That, too, is in your language. All public and private sector banks in India recognize our reports.

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  • How To Start A Clinic

    How To Start A Clinic

    How To Start A Clinic

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    How to Start a Clinic: The healthcare industry has a market size of 6.5 Lakh CRORES, one of the largest industries in India, which is growing with a 22.9%  annual growth rate. Prosperity, longevity, population, and medical rising are important drivers behind the growth of the medical industry. Through the powerful network of hospitals and health infrastructure, the availability of medical facilities in Tier2 cities, cities, and villages was minimized in large cities.

    Therefore, an unused health requirement of more than 70% of the population located in the rural area in India has a huge amount of health requirements. Healthcare Clinic is an important channel that ensures the majority of technical assistance between Tier2 or Tier 3 cities and rural areas population. A health clinic with minimal investment in infrastructure and equipment is a great small business for doctors and Medical Practitioners.

    Business Entity 

    It is best for a company to be incorporated as a legal entity so that it provides limited liability protection to its founder and can be easily transferred to another person in the future. In such cases, we recommend establishing a health clinic as a limited liability partnership (LLP). One or more partners of the LLP may be Medical practitioners to provide the necessary services, but investors or other stakeholders are part of the LLP in roles other than healthcare. May continue. Limited liability companies are recommended for investments in large clinics and equipment larger than Rs.25 lakhs. Ownership is desirable for very small clinics with annual sales of less than 10 lakhs.

    Trademark For Clinics

    For clinics with their own brand name, you can get a trademark registration for the same brand name to create intangible assets and build goodwill over the long term. In today’s economy, many healthcare chains are successfully established through branding and expansion. Therefore, you need to protect your investment in brands and intellectual property from the beginning. 

    Drug License

    How To Start

    If your clinic /hospital has an affiliated pharmacy, or if you want to dispense medicines to your patients from the clinic /hospital, you will need the following: 

    • A drug retail license is obtained from a drug administrator under the Drugs and Cosmetics Act of 1940. 

    • If the clinic /hospital uses or sells narcotics in the form of injections, tablets, or bandages, special permission must be obtained from the district collector.

    Service Tax Registration 

     The following types of medical services are not taxed under the service tax system: 

     • The service provider must not be a hospital, nursing home, or multi-specialist clinic; 

     • Services are provided by an independent doctor or hospital resident’s doctor

     • Precautionary measures provided to the insured. 

     • Payments made by the person for the medical services received. 

    Other healthcare providers, including clinics that do not meet the above requirements, are required to obtain a service tax registration if they exceed Rs. 9 lakhs It is subject to paying service tax.

    The Other Important License Required is:

    • Regulations Building Permit and Licenses (From the Municipality)
    • No objection certificate from the Chief Fire Officer “License under Bio-Medical Management and Handling Rules, 1998.
    • No objection certificate under Pollution Control Act.
    • Narcotics and Psychotropic substances Act, 1985
    • Vehicle Registration Certificates (For all hospital vehicles.)
    • Atomic energy regulatory body approvals (For the structural facility of radiology dept, TLD badges, etc)
    • Boilers Act, 1923(If applicable)
    • MTP Act, 1971 (MTP stands for Medical termination of pregnancy. To be displayed in the Gynaec and Obs department)
    • License for the Blood Bank (To be displayed in the Blood Bank)
    • Transplantation of Human Organs Act 1994(If applicable)
    • PNDT Act, 1996 (PNDT stands for Prenatal diagnostics test. To be displayed in the Radiology department that this is followed. )
    • Dentist Regulations, 1976
    • Drugs & Cosmetics Act, 1940
    • Electricity Act, 1998
    • ESI Act, 1948 (For contract employees)
    • Environment Protection Act, 1986
    • Fatal Accidents Act 1855
    • Guardians and Wards Act, 1890
    • Indian Lunacy Act, 1912 (Applicable only if a Psychiatry dept is there in the hospital)
    • Indian Nursing Council Act 1947 (Whether nurses are registered with NCI).
    • Also one must check whether pharmacists are registered with the Pharmacy Council of India.)
    • Insecticides Act, 1968
    • Lepers Act Maternity Benefit Act, 1961
    • Minimum wages act, 1948 (For contract employees)
    • Pharmacy Act, 1948
    • SC and ST Act, 1989
    • Protection of Human Rights Act, 1993
    • Registration of Births and Deaths Act, 1969
    • Urban Land Act, 1976
    • Right to Information Act 2005

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  • How Can We Earn From NFT”s In India 2022

    How Can We Earn From NFT”s In India 2022

    How Can We Earn From  NFTs In India 2024

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    Introduction

    How To Make Money With NFTs: Now that NFTs are accepted and controlled within the financial sector, it is time to place their figure. the worth of those tokens is fast rising, and plenty of people are setting out to purchase them just for the aim of trading on exchanges. However, not everyone seems to be a talented trader capable of making the most of the acquisition and sale of cryptocurrencies. Here’s the way to start making money with NFTs with no prior experience with blockchain technology.

    In the cryptocurrency world, NFTs are a classy topic, but understanding how they function and making money with them will be difficult. the foremost promising crypto assets of 2018 were the primary ones to launch on blockchains and have established their worth within the market by performing well. Let’s take a glance at what new technologies are on the horizon and the way they’re going to impact our lives.

    Let us show you ways to get money with NFTs step by step if you’re unaccustomed to them.

     

    What Are NFTs?

    Virtual tokens that reflect real-world assets are referred to as NFTs. the foremost well-known example of NFTs is Bitcoin, which has enabled a lot of people everywhere around the globe to participate in the global economy. Over 200 cryptocurrencies are now available for trading in more than 40 countries. Non-fungible Tokens (NFTs) are unique digital assets with a non-fungible property that can be used to represent other assets.

    In January 2022, the total value of all cryptocurrencies surpassed $800 billion. With so much money on the line, it’s crucial to figure out what’s all the fuss about. For instance, you may have a cat in NFT form. In this essay, the advantages and downsides of using NFTs will be examined. What are NFTs, exactly? Why should you be concerned? This article answers these and other questions.

     

    How Can We Earn From

    How to Make Money With NFTs

    And during this piece, I’ll show you the way to form money using NF Ts whether or not you are a complete beginner. If you’re unacquainted with the term “NFT collectible,” it refers to a range of things. Aetherium and Cardano are two cryptocurrencies that several artists use to sell their digital art. However,

    there are other styles of NFT collectibles that are released, and you’ll mint these specific NFTs by doing what we call minting. and since of the varied variants, some arrays are rarer than others.

    How does one act to locate these NFTs? What exactly is minting, since that is what you would like to try to do to get the simplest deal? And where does one search for active communities? And, in general, how many How are you able to get into this and make some money? I’ll show you everything in this post.

    This is visiting be an extremely brief instruction. It’s ideal for beginners who don’t need to travel up against larger whales or anything like that. There aren’t any perplexing procedures during this. and I am visiting to try to keep it as straightforward as possible. And I’ll tell you everything you wish to grasp in an exact quarter-hour during this post. I’ll show you exactly the way to cash in on NF Ts.

    All right, fellas. So, if you are a complete beginner, the primary step is to find out what NF Ts are and the way they operate. Many of you will not know what they’re or how they work. Now I’ll show you the way to form money with them in my lessons. you will discover various articles online that specify the essentials of NF Ts, like what they’re, how they work, what they often do, and what their purpose is. to form it clear what they’re.

    Creating and Selling Your Own NFTs

    You can create and sell your NFT on the net. As explained, this will be for nearly any reasonably digital asset: music files, digital art, or simply photo files. 

    How to Market NFT in 2022?

    NFTs are unique because they permit you to store any sort of digital asset on the blockchain, including items like property, securities, votes, or money. This makes them a strong tool for developers and businesses who want to use the blockchain for over just transactions.

    To market an NFT, you initially have to create a prototype or model of the asset. you’ll be able to then use marketing tools like social media and online ads to induce people inquisitive about your NFT. you furthermore might build a community around your NFT so people can support it and help it grow.

    Sometimes the simplest thanks to selling an NFT is by picking a good place and so having people come there to shop for it. you’ll be able to tell your friends and family about the hassle to urge people involved in NFTs by sharing it on their newsfeed or through a post on Facebook, Twitter, or Instagram.

    You can Feature drops and marketplace newsletters. The marketplace has features like drop pages where information about the merchandise may be advertised to those that might want it which also provides links back to the item listing page if one is out there available there additionally (which is sometimes found somewhere on its website). there’s also a look function where people can easily find what they’re searching for.

    Are NFTs a decent investment?

    the benefits of NFTs will vary reckoning on the particular use case. However, some potential benefits of NFTs include:

    They can be accustomed create new and innovative ways of exchanging assets.

    NFT will be accustomed store data or digital assets that can’t be replicated or lost.

    They can be wont to store tokens that represent ownership rights in an exceedingly physical asset or service.

    Final Words

    This blog post has given you a transparent idea about the items that require to be drained to create money by NFT. you’ll be able to make money by creating NFTs and selling them. you’ll use the free online app to sell your NFT. Now it’s your address start doing all those things. allow us to know if you’re doing any of those things and the way it’s going for you.

    in This guide, you bought the way to create, market, and sell your own NFT.

    It also tells you about secondary markets for other people’s NFT so that the corporate can make the most of them. you’ll be able to also gain from non-fungible tokens if another person tells you about it and then does the identical thing as yours goes to try and do for your benefit and trustworthiness in growing. you’ll now start to create money with NFTs supported by the steps taught here and the way we wrote them out for you!

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  • What Are The Three Types Patents?

    What Are The Three Types Patents?

    What Are The Three Types Patents?

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    A patent is a type of intellectual property that gives its owner the legal right to prohibit others from creating selling or using,  an invention for a limited period of time in exchange for publishing an enabling disclosure of the creation or innovation. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to execute their rights. In some industries patents are an important form of competitive advantage; in others they are irrelevant

    Philips has filed a patent infringement lawsuit against Xiaomi. It has approached the Delhi High Court to restrain Xiaomi from assembling &  selling phones through any online e-commerce platforms and retail chains in India. After hearing the appeal from Philips, the High Court asked Xiaomi’s Indian subsidiary to maintain a ₹ 1,000 crore bank balance on or before December 2, 20

    Not all inventions or creations are patentable under the Indian Patents Act 1970. The Act establishes the guidelines for what can be considered a unique or different, effective, simple, or obvious invention. To the invention. The commercial use of the invention or creation cannot violate public order or morality or cause serious damage to humans or other animals. Patents can adversely affect plants, health, or environmental protection or be mere disclosure of scientific suggestions or abstract theory formulation, or discovery of living or non-living or non-living natural substances, etc. 

    1. India Patent Types 
    2. Indian Patent Offices 
    3. Standard application in India 
    4. Some Ordinary Patents India filing requisites: 
    5. Indian Patent Solicitor   
    6. Patent and Renovation Period 
    7. Official Fee Discount 

    India Patent Types

     patents can, depending on their priority argument, be categorized into 3 groups, 

    • Ordinary patent application
    • Conventional patent application
    • PCT national phase patent application

    Ordinary Patent Application

    Ordinary patent requests with provisional or temporary or full specifications can be filed in India. The fact that it doesn’t claim a preference from any other application is distinctive from other patents. The specification is a declaration of technical disclosure enabling the normal qualification to carry out an invention. Moreover, it begins with the name of the invention and includes the invention area, state of the art, invention purpose, overview, comprehensive invention description, sketchers, and statements, along with a summary of the innovation. The abstract contains a brief description. Further, the full specification must be preceded within twelve months by a provisional submission. 

    Convention Patent Application

    In India, the priority of a convention application shall be asserted and shall be filed with complete specification within twelve months from the priority date.

    PCT National Phase Patent Application

    PCT’s National Step Patent Request must lodge with India in the complete  English requirements after a PCT application that files at WIPO and within 31 months of the priority date. In the month of fastest priority, or within 3 months after a request made by the controller, the English interpretation of the priority documents should be filed. Further, if WIPO doesn’t issue PCT/IB/304, the certified copy must be filed with priorities within 31 months of the priority date. 

    Indian Patent Offices

    4 patent offices in India, in Mumbai, New Delhi Kolkata, and Chennai, and the application must be submitted depending on territorial jurisdiction and where the applicant is located. Additionally, the application shall be submitted before a patent office in which the agent/attorney for the applicant lives in the territorial jurisdiction of the international applicant is present.

    Standard patent application in India

    For filing  patent applications in India, the necessary requirements are as follows: 

    • Patent applicant’s name, address, specification, and nationality 
    • Additionally, patent inventors’ name, address, and nationality 
    • Provisional description, statements, abstract, sketches, or complete specifications.

    Some Ordinary patent filling Requisites

    • Statement of inventory, or complete requirements, within one month of application filing.  
    • Proof of right of inventor in written (assignment deed, work contract) or otherwise within six months of the application filing, 
    • Information of all the relevant international applications in any country outside India within six months following the application being filed.

    Notarisation is not necessary. It should file as soon as possible to ensure that the request can release as early as possible and must receive by the patent office within three months of the request.

    Indian Patent Solicitor

    The following steps are included in the proceedings in our country: 

    • Patent request filing 
    • Publication after 18 months from the filing date, of a patent application 
    • An evaluation request within 48 months of the date of request.
    • Issuance as first review report with all the opposition to the granting of a patent for enforcement within twelve months of issuance.
    •  In response to the review report and enforcement 
    • Release of  exam reports and all objections that compiles with to the examiner’s satisfaction 
    • Responding to reports on examinations before all complaints have been met. 
    • Examiner interview 
    • Patent office award of letters patent document within 7 days of application receipt 
    • Patent and Renovation Period

    The patent term in India shall be 20 years after the date on which ordinary and traditional patent; and national PCT patent applications shall fill in India or twenty years from the period on which the international PCT application has ended. Further, the patent renewal fee shall be for the third year after the grant until the end of the 20th year, and payable before the expiry of the respective years. 

    Additionally, the patent shall revoke if a renewal fee has not been charged up in a limited time, and the patent holder cannot take any action against an infringement by anyone during the period between the revocation of a patent and it is restored. 

    Official Fee Discount

    India shall allow a discount on the official fee for both natural and small bodies. The whole discount tax shall have a charge at the time of registration of the assent. This can be when the patent application will allocate to the not-natural person (a small body or other than a little body).

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  • How To Protect Inventions And Discoveries?

    How To Protect Inventions And Discoveries?

    How To Protect Inventions And Discoveries?

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    Introduction

    When you put together ideas and objects to form something new that was non-existent before, such an act is understood as an invention. Discovery, on the opposite hand, refers to unearthing something previously ignored or unrecognized. Let’s have a look at how to safeguard inventions and discoveries.

    Inventions and discoveries can pertain to products – tools and equipment, goods, materials like textiles, chemicals, etc. they will also pertain to processes like control processes, production, and manufacturing processes, and measurement methods.

    As an investor or a discoverer, you’ve got the instinct to say exclusive rights to your creation/discovery and protect it from duplication. the sole thanks to protecting inventions is by applying for patents. Others will not be able to copy, sell, use, or import your idea if you have a patent. Firms can apply for patents to prevent competitors from replicating their unique offerings. In legal jargon, patent laws are a subset of property laws that grant inventors monopoly rights to their inventions.

    The prime objective of patents is to encourage research, technological advancements, innovations, and industrial development. In India, the proper to grant patents is reserved with the Indian agency – the workplace of DPIIT (Department for Promotion of Industry and Internal Trade).

    However, not all inventions qualify for application.

    Patentability of an invention

    An invention is patentable in India if it’s the subsequent characteristics:-

    • It is new and previously non-existent.
    • Further, it involves innovation.
    • It has industrial applications that add an amount.
    • It shouldn’t conform to any of the qualifiers mentioned in Section (3) and Section (4) of the Indian Patent Act, 1970.

    Types of Patent Applications

    Provisional Application: 

    you must fill a provisional application if your invention isn’t ready or on the verge of completion if you are doing not want to delay the priority date. In such a scenario, you wish to complete your invention within 12 months and submit a duly signed complete application.

    Complete Application: 

    because the name suggests, this application is for inventions that are 100% complete. an entire application should furnish full details of the invention, the most effective method to process or execute the invention, make claims if any, and a brief abstract outlining the essence of the innovation or discovery.

    Convention application: 

    If you file a application at the Indian Patent and Trademark Office Database and request a priority date supported the same application in an exceedingly convention country, then such an application are going to be treated as a convention application.

    Patent Co-operation Treaty (PCT): 

    a world application made under PCT and managed by WIPO (World holding Rights).

    Patent of Addition:  

    If there are slight modifications in your invention that you’ve got already filed a application, you’ll be able to fill within the patent of addition form. No separate application fees must be paid up. If the most application will terminate, the patent of addition also stands withdrawn.

    Divisional applications: 

    If you wish to amass patent protection for multiple inventions, then you wish to file separate forms for every invention. one in all them will treat because the parent application and both parent and divisional applications will carry the identical priority date.

    Brief Procedure of Patent Filing in India

    • Any individual, firm, or HUF can file for a patent in India. Only the primary inventor/inventors can file for an application individually or jointly.
    • It shouldn’t be available within the property right before an application is submitted and also the scope of the invention should be clearly defined within the patent draft.
    • You need to fill out altogether relevant forms to complete the appliance process. Then within 48 months from the date of filing, you wish to boost the letter of invitation for examination.
    • Once the examiner submits the primary Examination Report(FER), you wish to resolve all the queries. Or objections raised by the examiner within the FER within 9 months. Failure to try to do so will cause the cancellation of your application.
    • If all compliance requirements, terms, and conditions are fulfilled your patent will grant, and therefore the same will notify within the Patent and Trademark Office Database Journal.
    • Patents for 20 years post which you wish to initiate the patent renewal process.

    Copyright Vs Patent Vs Trademark

    ‘Copyrights, patents, and trademarks are all the same,’ you may have heard before. does one often feel all of them have identical significance? does one think copyrights protect inventions? the solution could be a plain ‘NO’.

    Patents safeguard inventions and help commercialise technological advancements.

    Copyrights could be a vest with you the instant you create original work. they’re mainly within the context of books, advertisements, music compositions, etc. Copyrights grant you the authority to change, revise, reproduce, and publicly distribute/perform your work. Trademarks, on the opposite hand, are signs, symbols, designs, phrases, words, etc. They distinguish the source of products and services from one entity to a different. Unlike patents, copyrights and trademarks don’t require registration.

    Thus, you’ll protect your inventions’ ideas and innovations only with a patent. Thus, patents are very useful in gaining monopolistic rights, monetizing your research, attracting more angel investors if you’re a startup, and making a technology brand.

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  • What’s The Process To Patent A Concept In India

    What’s The Process To Patent A Concept In India

    What’s The Process To Patent A Concept In India

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    In India, How Does One Go About Patent A Concept?

    A patent is a government-granted exclusive right that allows the creator to prevent others from using, selling, offering for sale, or importing the patented invention for a period of 20 years from the date of filing.

    Because patent law’s principal objective is to encourage inventors to contribute more to their disciplines by granting them exclusive rights to their ideas.

    Importance Of Patent

    Patents still are the foremost significant asset for firms and individuals in numerous cases of successfully protecting property rights. A well-protected invention with a patent may be a game-changer for an organization.

    A granted patent gives you the correct to forestall others from making, using, selling, offering purchasable, or importing your patented invention without your permission for a period of 20 years from the date of filing, which provides significant benefits to the patent applicant (individual inventors or companies)

    In India, Who Can File Patent Application

    Any of the following individuals, acting alone or in collaboration with others, can file a patent application:

     

      •  The original and true inventor

      •  The assignee of the true and first inventor

      •  His or her assignee is the representative of the deceased true and first inventor. 

    Any natural person, firm, association, body of individuals, or government body, whether incorporated or not, is considered a “person” under the Patent Act. 

    Patent law is also complicated; a patent is a techno-legal document, and filing a patent application is a time-consuming process that is not comparable to drafting a project report or a project thesis. As a result, the government provides patent agents or patent attorneys to assist innovators with the difficult work of writing patents. 

    What is the process for registering a patent in India?

    Step 1: Describe The Invention (Idea Or Concept) As Thoroughly As Possible.

    As an investor, your role at this step is to write down as many details about your idea as possible.

    Step 2: Determine Whether Or Not Your Invention Is Innovative (Novelty Search)

    We must determine whether your invention is innovative (newness) in this step, as this is one of the patentability criteria in India. When we compare our invention to existing prior arts, we need at least certain aspects of it to be innovative. By conducting a thorough search and study of all aspects of our invention, we will be able to determine whether there are any 100% overlapping prior arts.

    Furthermore, the aspects of our invention that are discovered to be unique following a novelty search can be used for informed patent application drafting (since we now know what is innovative and what isn’t), which can aid in obtaining a patent. The search report also contains the user’s judgment on novelty, which might be positive, negative, or neutral. This opinion can be used to determine whether or not to file a patent.

    Cost: A patent attorney’s professional costs for conducting a novelty search range from RS. 12,000 to RS. 15,000 in India.

    Time: 5-7 business days

    Step 3: Writing Patent Application

    The most important component of the procedure is patent drafting/writing, which could be a specialized job. To be ready to create a competitive application, it takes years of skill and familiarity with jurisprudence, knowledge of the topic of invention, and awareness of case laws. Simply read a number of your domain’s awarded patents to urge a concept. Because a patent could be a techno-legal document, it’s critical to understand both the technical and legal aspects at an identical time. An application shouldn’t be written as a thesis or a project report by you (the inventor) (which may get objected to during the examination stage)

    Cost: the professional fees for a patent attorney ranges from Rs. 25,000 to Rs. 40,000 for patent drafting or writing.

    Time: the time required is about 8-15 working days

    Step 4:  Filing Patent Application

    When you (the inventor) prepare and review a patent, it is submitted to the government patent office, and a receipt with the patent application number is generated.

    Patent Application Types Include:

    As briefly mentioned below, there are several sorts of patent applications that can be submitted to the patent office:

     

      •  Application on a temporary basis

      •  Application (completed or non-provisional)

      •  Application for a convention

      •  PCT is an international patent application

      •  National PCT application

      •  Application for a division

    Step 5: Publication Of The Application

    Upon filing the whole specification together with the appliance for a patent, the appliance is published after 18 months of first filing. but, If you don’t want to attend till the expiry of 18 months, An early publication request may be made together with the prescribed fees. Generally, the application is published within one month from the request form’s early publication. Rule 24.

    the amount that an application for a patent shall not ordinarily be hospitable to the general public under sub-section (1) of section 11A shall be eighteen months from the date of filing of the apply or the date of priority of the appliance, whichever is earlier. as long as the time limit for the Controller to publish the application in the journal is normally one month from the date of the period’s expiration, or one month from the date of the rule 24A request for publication.

    Request for publication (Rule 24 A).— Form 9 is used to make a request for publication under section 11A, subsection (2). Form 9 and the necessary fees will be accustomed to making an early publication request (optional step).

    Anyone can object to the grant of a patent after it’s been published. this can be called a pre-grant objection. someone may, in writing, represent to the Controller against the difficulty of a patent on the explanations listed in Sections 25(1)(a) to (d) of the Patents Act 1970, where A patent application has been published, but no patent has been issued.

    Step 6: Submit An Examination Request

    After receiving a request for participation in an examination (RFE), the application is just being reviewed. When the controller gets this request, he or she assigns your application to a patent examiner,

    who examines it for patentability using many criteria, including Is the definition of patentable subject matter the innovation? Is there anything unique about it? Is there a unique or non-obvious way to start it? Is it suitable for use in a manufacturing environment? After analyzing the application for the terms listed above, the examiner generates a primary examination report. This is referred to as FER (First examination report). Patent prosecution refers to all of the steps involved in preparing an application for a patent before it is granted.

    On any of the subsequent grounds, an applicant may submit asking for accelerated examination in Form 18A along with the fee:

     

      • In the corresponding international application, India has been designated because the competent International Searching Authority or elected as a global Preliminary Examining  Authority; or

      • That the applicant may be a new business

      • Your application includes a lady as an applicant or co-applicant.

    Step 7: Address Objections

    The overwhelming majority of patent applicants will face objections, which is able to be noted within the first examination report (also referred to as FER). With the assistance of a patent attorney (patent agent), you ought to examine and comprehend the examination report and write a written response to the objections expressed within the report.

    This is a chance for an inventor to precise the novelty of his or her invention as compared to previous art discovered within the examination report. The inventor and patent agent write and transmit an examination answer that aims to steer the controller that his invention is patentable and meets all patentability criteria. If necessary, physical hearing or video conferencing can be ordered.

    Step 8: A Patent Is Granted 

    Once it is determined that the patent application meets all patentability conditions, it will be placed in order for a grant. The patent is granted and published in the patent journal on a regular basis. (Any individual who is interested in the awarded invention can file a post-grant opposition request within 12 months of the granted patent’s publication date).

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  • What Is A Trademark? 

    What Is A Trademark? 

    What Is A Trademark? 

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    A trademark will be any word, phrase, symbol, design, or mixture of these things that identifies your goods or services. It’s how customers recognize you within the marketplace and distinguish you from your competitors.

    The word “trademark” can talk over with both trademarks and service marks. A trademark is meant for goods, while a service mark is used for services. Patent and Trademark Office so as to assert protection from copycats, however. The actual fact that we so easily associate symbols and words with companies and their brands are one of the largest advantages of their use. When a customer sees a familiar logo or phrase, they have instant recognition, which may drive preference and, ultimately, sales.

    A Trademark:

    • Identifies the source of your goods or services.
    • Provides legal protection for your brand.
    • Helps you guard against counterfeiting and fraud.

    A common misconception is that having a trademark means you legally own a selected word or phrase and might others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is employed along with your specific goods or services.

    For example, as an instance, you use a logo as a trademark for your small wooden interior business to spot and distinguish your goods or services from others within the wooden interior field. This does not mean you’ll be able to stop others from using a similar logo for non-woodworking-related goods or services.

    Another common misunderstanding is trusting that picking a trademark that simply describes your goods or services is effective. Creative and unique trademarks are more effective and easier to safeguard. Read more about strong trademarks. 

    How Long Does a Trademark Last?

    Unlike patents, which are granted for a period of twenty years, trademarks never end. Companies do have to apply for them and acquire ownership validation with the U.S. A common law trademark may last for as long as you continue to use the mark, though you may lose your protection if you fail to enforce your rights.

    A federal trademark registration lasts for 10 years and is renewable for an additional 10-year period. State trademark registrations are governed by state law, and therefore the requirements vary from state to state. 

    What Can Be Trademarked?

    You can trademark many of the things that you use to differentiate your business from further businesses. You might have a trademark for:

    • Business names
    • A product names
    • Logo or label
    • A symbol or design
    • A sound 
    • A product packages

    Using the trademark symbols TM, SM, and ® 

    Every time you use your trademark, you’ll use a symbol with it. The symbol lets customers and competitors know you’re claiming the trademark as yours. You’ll use “TM” for goods or “SM” for services whether or not you haven’t filed an application to register your trademark.

    When you register your trademark with us, use an ® with the trademark. You can use the registration symbol anywhere around the trademark, although most trademark owners use the symbol in a very superscript or subscript manner to the right of the trademark. You can only use the registration symbol with the trademark for the goods or services listed within the federal trademark registration. 

    Owning a trademark vs. having a registered trademark

    You become a trademark owner as soon as you begin using your trademark together with your goods or services. You determine rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area within which you’re providing your goods or services. If you wish for stronger, nationwide rights, you’ll have to apply to register your trademark with us.

    You’re not required to register your trademark. Though, a registered trademark offers wider rights and protections than an unregistered one.

    For example, you use a logo as a trademark for the handmade clothes you sell at a neighbourhood market. As your business grows and you expand online, you would possibly want more protection for your trademark and decide to apply for federal registration. Registering your trademark with us means you create nationwide rights in your trademark.

    Why register a trademark?

    Though it’s not mandatory to register a trademark so as to use it, trademark registration adds great value to a business. The goodwill and reputation of a business can be reduced or tarnished if others try and misrepresent their own goods and services as yours by adopting a brand that is similar or just like your business. a number of the key benefits of registering a trademark include:

    • The trademark owner has the right to prevent others from using a similar or identical mark without his approval as soon as the trademark is registered.
    •  Makes a rightful awareness among the public about the authentic ownership and quality of the product.
    • Prevents others to copy and use the trademark because the owner of a registered trademark can sue and collect damages from organizations that infringe upon the trademark.
    • A trademark registration reduces the possibility of another party claiming that your trademark infringes upon its trademark.
    • Grants the owner the right to use the ® symbol.

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  • Copyright and Trademark

    Copyright and Trademark

    Copyright and Trademark

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    Copyright and trademark are both sorts of property rights that help provide their creator rights over the employment of her/his creation for a limited period of your time.

    Businesspersons who are looking to register a material possession must know the differences between the 2 and then obtain the proper registrations to guard it. during this article, we shall have a look at the differences between copyright and trademark in India.

    What is a Copyright?

    Copyright could be a right given to the creators of literary, musical, dramatic, and artistic works and therefore the producers of cinematograph films and therefore sound recordings. Names or brands, slogans, brief word combinations, short phrases, plots, methodologies, or factual information are not protected by copyright.

    Copyright also doesn’t protect ideas or concepts. Hence, copyright is generally accustomed to protect the creativity of individuals like writers, artists, dramatists, designers, musicians, architects, and therefore the producers of sound recordings, cinematograph films, and also computer software.

    What is a Trademark?

    A trademark could be a word or a visible symbol being employed by any business to assist people to distinguish its goods or services from that of the opposite similar goods or services which can be originating from a special business gets protected. A trademark application must be filed to register a trademark by the applicant with the relevant Trademark Registrar within the format that has been prescribed. Trademarks are generally wont to protect the brand names, business names, slogans, and far more.

    Copyright and Trademark

    Difference between Copyright and Trademark

    Both Copyright and Trademark have different and distinct uses. Their validity and therefore the requirement for registration also vary as follows:

    Copyright:

     Copyright is mostly wont to secure literary, musical, dramatic, and also artistic works including cinematograph films and therefore sound recordings. Software or a program or tables and databases can all be registered as a ‘literary work’ under Copyright Act. A copyright may be a right within the eyes of the law which supplies a privilege to a private who originally creates the work. a person with a copyright must use it in a judicious way as per the provisions of the copyright law. The folks that are creative or who write an inventive piece of labor receive copyright. Writers, poets, and painters protect their original pieces of labor with copyright. Nevertheless, to get the copyright for software, the ASCII text file for the software must be submitted to the Copyright Office together with the appliance.

     Trademark:

     Trademarks are generally employed by individuals, and commercial and non-commercial bodies to guard brand names, business names, slogans, and more. an idea or a plan or software can’t be trademarked. But, a singular name is given to an idea or software or is often trademarked. lots of companies use their trademark on the packaging of their products or on the merchandise itself. This provides them with protection against their goods, brand, or mark from people using them. The one who owns the trademark can pursue a legal proceeding against any individual for using his trademark.

    Registrar

    Copyright:

     The review and acceptance of a Copyright application are controlled by the Copyright Office, Department of upper Education, and Ministry of Human Resource Development.

    Trademark: The review and also acceptance of a trademark application is controlled by the Controller General of Patents, Designs, and Trademarks, Ministry of Commerce and Industry.

    Validity

    Copyright:

     Copyright is often granted for 60 years. The 60-year period begins the year following the author’s death in the case of clever literary, theatrical, artistic, and musical works. The 60-year period begins on the date of publication for cinematograph films, pictures, sound recordings, posthumous publications, anonymous and pseudonymous publications, works of state, and thus works of international organizations. 

    Trademark registrations are valid for ten years from the date of filing. This validity may be extended at the top of 10 years by filing a trademark renewal application.

    Frequently Asked Questions

    1. Do I copyright or trademark a logo?

    A trademark is supposed to safeguard a word, phrase, symbol, or design (or could also be a mixture of all these), that classifies and distinguishes the products or services of 1 individual or company from those of others. Few things, like a fancy logo, could also be eligible for both trademark and copyright protection.

    2. What’s the difference between a logo and a trademark?

    Trademarks include company names, slogans, logos, and styles that are accustomed to identifying and distinguishing a company’s goods within the business trade. The physical mark is also a word, a sign, a symbol, or a design that helps to spot the trademark owner.

    3. What’s the difference between copyright and trademark under the legislation?

    The Indian Copyright Act, 1957 protects copyright, whereas the Trademarks Act, 1999 protects trademarks.

    4. What’s the importance of copyright and trademark?

    Copyright is employed to stop others from using your creation without consent. A trademark is issued to assist distinguish and differentiating your brand, mark, or logo from others.

    5. What are the realm where copyright and trademark are applicable?

    Copyright is applicable everywhere on the planet. it’s applied to artistic and literary creations. A trademark is proscribed to only a particular area in its application. Typically, it’s applied to goods and services. the realm of limitation is also increased or decreased on the idea of the international or national usage.

    6. Are copyrights and trademarks generally availed by identical reasonably professions?

    For the protection of their original and unique work, singers, painters, writers, graphic designers, and others file copyright applications. Trademark registration is used to protect a person’s or company’s logos or emblems for a variety of goods and services.

    7. What sorts of protection do copyright and trademark offer?

    A copyright protects against copying and is automatic. A trademark protects against confusion and dilution. The protection is automatic for distinct marks.

    8. Can a website be copyrighted?

    The original composition that appears on a website is also protected by copyright. This includes the writings, photos, artwork, and other types of content protected by copyright. The procedures for registering contents of an internet site are often found in Circular 66, Copyright Registration for Online Works.

    9. Can one copyright a website name?

    Copyright laws don’t touch domain names. the web Corporation for Assigned Names and Numbers (ICANN) could be a non-profit organization that has the responsibility for the name system management, administers assigning of domain names through the accredited registers.

    10. How am I able to protect my recipe?

    An ordinary listing of the ingredients might not be protected under copyright law. Nonetheless, a recipe or formula is often amid a major literary expression within the style of proof or direction. a set of recipes during a cookbook could also be a substance for copyright protection. In case, there are some secret ingredients to a recipe that one doesn’t wish to reveal, then, the recipe shouldn’t be submitted for registration because the applications and therefore the deposit copies are public records.

    11. Is it possible to copyright a band’s name?

    No, the names don’t seem to be protected by copyright law. Some names may be protected under trademark law.

    12. How am I able to protect my idea?

    A copyright doesn’t protect concepts, ideas, systems, or the methods of doing something. One may express his/her idea in writing or a drawing so claim copyright for description, but one should remember that the copyright won’t protect the concept itself as revealed within the written or artistic work.

    13. Does a piece should be published to be protected?

    The publication isn’t essential for copyright protection.

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  • What Is Copyright?

    What Is Copyright?

    What is Copyright

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    What Is Copyright

    The copyright gets its importance from its appearance, duplicate, or words. Initially, it was utilized in 1586. It was the primary thing that was perceived as Intellectual property.

    There is a very much settled precept of “Ubi jus ibi remedium”. “where there is a right, there is a cure”. This principle is additionally pertinent to copyright. It gives different privileges to the creator or craftsmen and solutions for safeguarding those freedoms.

    Copyright

     

    Meaning Of Copyright

    Copyright is a creation of a statute. It is a form of intellectual property. It is a negative right; since it prevents others from copying or reproducing a work. It is a monopolistic right. Section 13 of the act envisages certain works in which copyright subsists. Section 14 provides for the meaning of copyright. Ipso facto copyright means the right to reproduce the work in which copyright subsists. It is an exclusive right to do or authorize others to do certain acts in relation to-

    (a)Literary, dramatic, or musical works;

    (b)Artistic works;

    (c)Cinematograph films;

    (d)Computer programmers/ software programmers;

    (e)Sound recording

    More so, the exclusive right for doing the respective acts extends not only to the whole of the work, but to any substantial part thereof, or to any translation or adoption thereof.

    The right to protection of copyright extends to original, literary, dramatic, artistic, and sound recording.

    Characteristics of Copyright

    (i)Exclusive right

    Copyright means the exclusive right to do or authorize others to do certain acts in relation to (a) literary, dramatic or musical works; (b) artistic works (c) cinematograph films (d) sound recording. Such elite ideal for doing separate demonstrations stretches out not exclusively to the entire of the work, yet to any significant part thereof or to any interpretation of variation thereof.

    (ii) Negative Right

    An option to keep others from replicating or imitating the work.

    (iii) Monopolistic Right

    Copyright like the patent is a monopoly restraining the public from doing that which, apart from the monopoly, it would be perfectly lawful for them to do.

    (iv) Copyright Is A Form Of I.P.R.

    Just like trademark, trade name, and patent right, copyright is a form of I.P.R.

    (v) Extensive Right

    Copyright is extensive in nature and it extends to replication of copies, etc.

    (vi) Global Perspective

    Copyright is protectable even beyond the territories of India.

    Salient features of Copyright

    The Copyright Act, of 1957 is based on the Berne Convention. The Indian Act borrowed its principle from U.K. law.

    The Act has the following salient features:-

     

      1. The Act has created a copyright office and a Copyright Broad to facilitate registration of copyright and to settle certain kinds of disputes arising under the Act and for compulsory licensing of copyright.

      1. The Act defines various categories of works in which copyright subsists and the scope of the rights conferred on the author under the Act.

      1. The Act lays down terms of copyright for different categories of works.

      1. The Act defines infringement of copyright and provides civil and criminal remedies against infringement.

      1. The Act emprovisioned first owner of copyright in a work.

      1. The Act provides for international copyright.

      1. The Act specifically provides for rights of authors of work.

      1. The Act specifically provides for civil and criminal remedies for infringement and damages thereof.

      1. The Act deals with rights of performers and broadcasters.

    The procedure of registration of copyright

    Registration Of Copyright

    Chapter X, The copyright Act, 1957, i.e., Section 44 to 50-A and Chapter VI of the copyright rules 1958,i.e., Rules 15 to 20 deals with Registration of copyright.

    Essentials For Registration

    Rule 15 provides for six separate registers of copyrights. More so, Rule 16 (g) of the rules provides for the procedure of registration, as under:-

     

      1. Application for registration of copyright should be made in accordance with prescribed Form IV.

      1. Such application should be in regard to one work just, and should be in three-fold and should be alongside determined expense.

      1. The person applying for such registration has to give notice of his application to every person who claims or has any interest in the subject matter of the copyright or disputes the right of the applicant to it.

      1. Within 30 days of the receipt of such application the Registrar receives no objection to such registration, he may enter such particulars in the Register of copyright.

      1. If the Registrar is not satisfied about the correctness of the particulars given in the application, he may hold such inquiry into as he deems fit.

    Rights of the copyright owner

    The copyright connotes the exclusive right to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof; of

     

      • Re: Literary, Dramatic or musical work

      • To reproduce the work in any material form including the storing of it any medium by electronic means.

      • To make any translation/adaptation of the work.

      • Re: Computer Programmers.-

      • To sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmers.

      • Re: Artistic work.-

     

      • To reproduce the work in any material form.

      • To communicate the work to the public.

      • To make any adaptation of the work.

      • Re: Cinematograph Film.-

      • To make any copy of the film, including a photograph of any image forming part thereof.

      • Re: Sound Recording.-

      • To make any other sound recording embodying it.

    Whether Registration Essential

    The registration of copyright has not been made necessary under the Copyright Act, 1957. More so, the copyright exists whether the registration is done or not, and the registration is merely a piece of evidence as to when a certain author started claiming copyright in some artistic or some other work.

    Similarly, it has been held that registration of copyright is not essential. More so, the absence of such registration does not preclude the rights of the owner of the copyright.

    Further, non-registration of a work does not debar action against infringement of copyright.

    Infringement of copyright

    The exclusive right of the copyright owner includes publication, reproduction, storage, adaption, translation, the performance of work, etc. Where any of the aforesaid acts relating to work is carried out by a person other than the owner without a license from the owner or a competent authority under the Act, it comprises an encroachment of copyright in the work.

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