Patent Registration in India | Intellectual Property Protection for Entrepreneurship and Start-ups

Page No. 1
info@techcorplegal.com
http://research.techcorplegal.com
Importance of IPR for Start-ups
Tech Corp Legal LLP
Where Technology, Law, Business Intersect
Tech Corp International
Consultants Pte. Ltd. Singapore
Prity Khastgir- Director

Page No. 2
Agenda
What is Intellectual Property Rights (IPRs)?
Relevance of IP for Start-ups
IP Strategies for Start-ups
- Clearance Search
- Technology Watch
- Competitive Intelligence
IP Myths

Page No. 3
What is Intellectual
Property Rights (IPRs)?

Page No. 4
Do not exist in Physical World
Can be Characterized
They are not financial instruments like cash, bank
accounts, bonds & stocks
Can be Valued & Owned
Can be transferred
Can be Monetized
Intangible Assets – IPR

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Thought process to create something new
Something nobody has developed and thought till date
Unique to Business and needs IP protection
-Creation of Mind

Page No. 6
-Creation of Mind
Great
Idea !!

Page No. 7
-Creation of Mind
Great
Idea !! Protection from
Competitors / Infringers
from Copying Your
Intellect /
Creation / Idea

Page No. 8
 Implement Idea into Practice to earn profits
During evaluation IP asset owned by the company
play a major role
-Investors View Point on IP

Page No. 9
PatentPatent
Trademark
TM SM ®
Trademark
TM SM ®
©
Copyright
IP
-Protect Your Creation / Idea

Page No. 10
Generate Profits
PatentPatent
Trademark
TM SM ® Copyright
IP
-Protected Intellectual Property

Page No. 11
WHAT
HOW WHY
WHEN WHERE
WHO

Page No. 12
Intellectual
Property
Rights
What is
Intellectual
Property?
Relevance
of IP Is IP a
Business
Asset?
What are
Intangible
assets?
Patents
Trademark
Copyright
Design

Page No. 13
1. Patents: right to exclude others from manufacturing, using
or marketing an invention for a limited period; Brands are
built around patents e.g. Apple (iPod, iPhone, iPad)
2. Trademarks: words, symbols or devices - registered and
protected by law - a name, logo, or tag line e.g.
3. Copyrights: legal protection to authors for original works of
authorship – software (code), books, films, plays,
compositions
Intangible Assets

Page No. 14
Patents
•Term – 20 years from filing
•Patent Requirements:
• Novelty (new)
• Useful (specific, substantial, and credible)
• Not obvious (inventive)
• Disclosure (enablement, best mode)

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Scope & Life of Patents:
• Scope defined by Patent Claims
• Claims supported by Description & Figures
• Subject to Renewal

Page No. 16
Patents – Why?
•Patents: Important to Investors
• Exclude entry of competitors
• Develop investor confidence
• Establish market credibility
• Maximize licensing opportunities
• Assistance with partnering opportunities
• Help increase acquisition valuations
• Cross-licensing bargaining chip
• Generate license revenue stream
PatentPatent

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Patent – Examples
$8.5 Billion
Intellectual Assets
Patents

Page No. 18
Patent gives right to use and practice the claimed subject
matter
• Reality: There could exist a prior broader patent, so a
patent is NOT a defence to infringement of prior patent
• Strategy: Timely Freedom-to-Operate and Invalidity
Opinions from patent lawyer regarding third party patent rights
before commencing manufacture/sale/use of potentially
infringing process or product
Patents Myths-1

Page No. 19
A worldwide patent may be filed
• Must file individually / separately in each country where
protection is sought
Does International Patent protection exist ?
• Filing before WIPO is part of IPR Strategy whereby you are
increasing the time limit to enter in other countries. However,
no International protection is granted by WIPO.
Patents Myths-2

Page No. 20

Page No.21
Trademarks & Brands
1. Serve as source identifier for your goods and services
2. Having the right trademark ensures that business is both
marketable and protectable
3. Trademark Clearance Search: to know who is using a particular
trade name before someone invests time, money and resources into
marketing and manufacturing of a business. Includes a search of
domain names, the internet, in addition to trademark registrations.

Page No.22
4. Trademark Registration in India: Within about 10-18 months from
the date of filing, the trademark application proceeds towards the grant
stage, and the trademark is registered. May be objected / opposed.
5. Once registered, valid for 10 years, may be renewed for additional
10 years.
6. Further renewals must be filed or the trademark registration goes
abandoned.
Trademarks & Brands

Page No. 23
Industrial Property
Industrial DesignIndustrial DesignTrademark
(logo)
Trademark
(logo)
Patent –
for the Tyre
Patent –
for the Tyre
From Users Perspective Information knowledge reflected in the ProductFrom Users Perspective Information knowledge reflected in the Product

Page No. 24
IP Strategies for Start-ups
Can you enter the Market without
infringing IP
-Competition:
- Identify your competitors?
- Identify existing competitive technologies?
- What impact does your invention have on the
competitor and the other technologies?

Page No. 25
Patent Scope
Know limits of your invention
What differentiates your invention from known competitive
technology?
IP Strategies for Start-ups
Value Proposition
-Opportunities in Global Markets
Need to protect technology in the identified markets

Page No. 26
Is IP a Business Asset ?
Identify. Capture. Protect
Protect your Intangible
Asset !!!

Page No. 27
Identify your unique points and how you are
different from your Competitor ?
 What would happen if your Competitor identifies
and knows your unique points?
How to Identify IP
in your Business?
Key Takeaway
 If you don’t safeguard yourself no relief can be
sought.
Key Takeaway
 If you don’t safeguard yourself no relief can be
sought.

TechCorpLegal
Law Firm
TechCorpLegal
Law Firm
BioCorpLegalBioCorpLegal
CyberCorpLegalCyberCorpLegal
Tech Corp
International Consultants
Singapore
www.techcorpgroup.com
Tech Corp
International Consultants
Singapore
Introduction
Page No. 28

Introduction
TechCorpLegal
Law Firm
TechCorpLegal
Law Firm
Pharmaceuticals
Biotechnology
Drug Laws
Pharmaceuticals
Biotechnology
Drug Laws
Mobile Applications
Social Media
Cyber Laws
Mobile Applications
Social Media
Cyber Laws
Page No. 29

Introduction
TechCorpLegal
Law Firm
TechCorpLegal
Law Firm
Pharmaceuticals
Biotechnology
Drug Laws
Pharmaceuticals
Biotechnology
Drug Laws
Mobile Applications
Social Media
Cyber Laws
Mobile Applications
Social Media
Cyber Laws
PatentsPatents
Page No. 30

Questions answered
Identify IP developed in your business
Value your IP
Your ideas and know-how may be some of your
most valuable assets
Identified IP licensing opportunities in market
Protect your IP today, before it is too late…..
Page No. 31

Thank you
Get in touch: prity.k@techcorplegal.com
www.techcorplegal.com
@techbusinesslaw
http:// about.me/shebusinesslawyer
Page No. 32

Patent Registration in India | Intellectual Property Protection for Entrepreneurship and Start-ups

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Patent Registration in India | Intellectual Property Protection for Entrepreneurship and Start-ups