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.