Frequently Asked Questions
What is PCT Application?
A PCT Application is an application which is filed in India as a Receiving Office (RO) under Patent Cooperation Treaty (PCT), is an international application which can be filed in more than 150 countries by a single application.
Will my filing of patent give global Protection?
No, Patent protection is territorial in territorial in nature, it does not give global protection.
Why do we need to file provisional specification is it necessary?
Generally, when an invention is not complete, an application with provisional specification can be filed. This is useful in establishing a priority date for your invention. Moreover, it also gives sufficient time (12 months from the date of filing) to the applicant to assess and evaluate the market potential of his invention before filing complete specification. However, it is not necessary to file an application with provisional specification and one can file complete specification directly.
Can a computer programme be patented?
The Indian Patents Act 1970 does not recognize patent protection for computer programmes. The computer programmes are protected by grant of copyright for computer programmes and computer data under sec 2(0) of the copyright Act of 1957.
What is a Trade Mark?
A trademark is a design, symbol, word or phrase that identifies the source of your brand and distinguishes it from others. It generally refers to a brand or a logo. Properly used and promoted, a Trademark may become the most valuable asset of a business; it can be licensed and transferred to other parties.
What is the procedure to translate a work from the other language?
A work can be translated into any language after a period of seven years from the first publication of the work by applying to the copyright board with prescribed fee and also subject to condition that certain royalties be paid to the owner determined by the copyright board.
What is the difference between assignment and license in copyright?
In assignment ownership in the rights is transferred whereas in license the rights are limited and ownership remain with the author.
Can future works be assigned?
Yes, future works can be assigned but will take effect only when the comes into force.
Can a assignee sue the assignor for exercising those right assigned?
Yes, an assignee, to whom certain rights have been assigned by the assignor can restrain the author from exercising those rights that have been assigned to him.
What happens if the assignment deed does not mention/ state the period of assignment?
If the assignment deed does not specify the period, the term of period shall be treated as five years from the date of assignment.
Can we mention royalty payable to assignor or his legal heirs?
Yes, in assignment deed we can specify the amount of royalty payable, to the author or his legal heirs during the subsistence of assignment.
Can a copyright be assigned?
Yes, copyright can be assigned and valid only when it is in writing and signed by the assignor or by his duly authorised agent.
Who owns a copyright when it is created during employment?
Under the contract of service or apprenticeship, the employer in the absence of a contract to the contrary, the employer will be the first owner of the copyright in the work so created.
How Long will it take for design to get registered?
Without objection 8 months if objection are raised up to 2 years.
What is the judicial remedy for infringement?
A suit can be filed in the District Court or High Court depending on the quantum of damages claimed.
Can a combination of previously known Design be registered?
Yes, A combination of a previously known designs can be registered provided it produces a new visual appeal.
Is it necessary to register a claim of copyright?
There is no indication in any of the provisions of the copyright act to suggest that registration is a condition precedent to acquiring copyright.
Case Law -M/s Manojah Cine production Vs A.Sundaresan & another AIR 1976 Mad 22.
However, certificates of copyright and the entries made therein serves as a prima facie evidence in the court of law with reference to dispute relating to ownership of copyright.
