Procedure for applying IPR

Intellectual Property Rights (IPR) are legal rights given to creators and inventors to protect their inventions, innovations, artistic works, brand identity, and designs. In India, IPRs are administered under various laws by different offices functioning under the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), under the Ministry of Commerce and Industry. The major types of IPR include patents, trademarks, copyrights, industrial designs, and geographical indications. Though the procedures differ slightly for each category, the general application process includes documentation, examination, publication, and registration.

Patent Application Procedure:

A patent protects an invention which is novel, involves an inventive step, and is industrially applicable.

Step-by-step Process:

• Step 1: Patent Search
  Before filing, the applicant may conduct a patent search through Indian Patent Advanced Search System (InPASS) to ensure novelty.

• Step 2: Drafting Application
  The applicant prepares a provisional or complete specification along with Form 1 (application), Form 2 (specification), and necessary drawings.

• Step 3: Filing Application
  File the application online or at the relevant Patent Office (Delhi, Mumbai, Kolkata, or Chennai).

• Step 4: Publication
  The application is published automatically after 18 months unless early publication is requested via Form 9.

• Step 5: Examination
  Request for Examination (Form 18) must be filed within 48 months. The examiner checks for compliance, novelty, and patentability.

• Step 6: Objections & Response
  The applicant may receive objections (First Examination Report – FER) and must respond within 6 months.

• Step 7: Grant of Patent
  If all conditions are met and objections are cleared, the patent is granted and published in the Patent Journal.

Trademark Application Procedure:

A trademark protects words, logos, slogans, shapes, and colors used to identify goods/services.

Step-by-step Process:

• Step 1: Trademark Search
  A search can be done at ipindia.gov.in to ensure no similar trademarks exist.

• Step 2: Filing Application
  File Form TM-A with required details: applicant’s name, address, trademark image, class of goods/services.

• Step 3: Allotment of Application Number
  After submission, the applicant receives an application number for tracking.

• Step 4: Examination
  The Trademark Office examines the application for uniqueness and raises objections if necessary.

• Step 5: Reply and Hearing
  If objections are raised, a reply must be filed. If accepted, the mark moves to publication; else, a hearing is scheduled.

• Step 6: Advertisement in Journal
  The accepted application is published in the Trademark Journal for public objection.

• Step 7: Opposition (if any)
  If opposed, both parties are heard before a decision is made.

• Step 8: Registration
  If unopposed or opposition is resolved in favor, the trademark is registered and a certificate is issued.

Copyright Registration Procedure:

Copyright protects original literary, musical, dramatic, and artistic works.

Step-by-step Process:

• Step 1: Filing Application
  Application is filed via copyright.gov.in in Form XIV with a statement of particulars and copy of the work.

• Step 2: Diary Number
  A diary number is issued on successful submission.

• Step 3: Waiting Period
  A 30-day period is observed to entertain objections.

• Step 4: Examination
  If there are no objections, the application is examined. If objections exist, parties are heard.

• Step 5: Registration
  If all is satisfactory, the work is registered and a certificate is issued.

Design Registration Procedure:

Designs refer to aesthetic aspects of an article.

Step-by-step Process:

• Step 1: Filing Application
  Application is made using Form 1 along with drawings, images, and a statement of novelty.

• Step 2: Examination
  Design application is examined for novelty and originality.

• Step 3: Objection & Response
  Applicant responds to objections, if any.

• Step 4: Registration
  Upon acceptance, the design is registered and published in the Design Journal.

Geographical Indication (GI) Registration Procedure:

GIs identify goods originating from a particular place with specific quality or reputation.

Step-by-step Process:

• Step 1: Filing Application
  GI application is filed in Form GI-1 with representation of the GI and documents proving historical usage.

• Step 2: Examination
  Application is examined and objections are communicated if necessary.

• Step 3: Publication
  Accepted applications are published in the GI Journal.

• Step 4: Opposition
  Any opposition must be filed within 3 months of publication.

• Step 5: Registration
  If no opposition or resolved, the GI is registered and certificate is issued.