What are the criteria for patentability?

An invention must satisfy three requirements: Novelty, Inventive step, and Industrial applicability.

Where can information about published or granted patents be found?

Patent information can be accessed through the official Indian Patent Office database or other global patent search databases.

How to select a strong trademark?

A strong trademark is one that is distinctive, memorable and not descriptive of the goods or services it represents. Coined, fanciful or arbitrary marks are considered the strongest trademarks.

What is the function of a trademark?

A trademark functions to identify the source of goods or services, distinguish them from competitors, and act as a quality indicator for consumers. It also serves as a valuable business asset.

What types of trademarks can be registered in India?

In India, you can register words, logos, devices, labels, numerals, signatures, shapes, colors, sounds and combinations thereof as trademarks, provided they are capable of distinguishing goods or services.

Who benefits from trademark registration?

Trademark registration benefits the owner by providing exclusive rights to use the mark, legal protection against infringement, the ability to license or franchise the brand, and recognition as a business asset.

What is the effect of design registration?

Upon registration, the proprietor has the exclusive right to apply the design to any article in the class in which it is registered and can take legal action against any person who infringes this right.

What is the duration of design protection?

The initial period of design registration is 10 years from the date of registration, which can be extended by a further 5 years, making the total protection period 15 years.

Frequently Asked
Questions

Q: What is the term of a patent in India?

The term of a patent in India is 20 years from the filing date of the patent application.

Common questions about patents, trademarks, copyrights and industrial design protection in India — answered by our IP experts.

IP Categories Covered

Patent FAQs

Trademark FAQs

Industrial Design FAQs

Intellectual Property

Patent Frequently Asked Questions

Everything you need to know about patent filing, protection and prosecution in India.

A patent is a legal right granted to an inventor that provides exclusive rights to make, use, sell or license an invention for a specific period of time. In India, patents are granted by the Indian Patent Office under the Patents Act.

The term of a patent in India is 20 years from the filing date of the patent application.

No. Patent protection is territorial. Protection is granted only in the country where the patent is filed and granted. International protection requires filing in multiple jurisdictions or through systems such as the PCT (Patent Cooperation Treaty).

An invention must satisfy three requirements to be patentable:

Novelty — The invention must be new and not previously disclosed anywhere in the world.
Inventive Step — The invention must not be obvious to a person skilled in the relevant field.
Industrial Applicability — The invention must be capable of being made or used in some kind of industry.

Patent information can be accessed through the official Indian Patent Office (IPO) database at ipindia.gov.in or through other global patent search databases such as Espacenet, Google Patents and the USPTO database.

A patent application must be filed with the Indian Patent Office along with the required specification (provisional or complete), drawings and supporting documentation. Applications can be filed online through the IPO portal or in person.

It is strongly recommended to engage a Registered Patent Agent to ensure the application is correctly drafted and prosecuted for maximum protection.

Brand Protection

Trademark Frequently Asked Questions

Key questions about trademark registration, protection and brand identity in India.

A trademark is a sign, symbol, word, phrase, logo or combination thereof that identifies and distinguishes the goods or services of one business from those of another. In India, trademarks are registered under the Trade Marks Act 1999.

A strong trademark is distinctive, memorable and not descriptive of the goods or services. Marks are ranked by strength as follows:

Fanciful marks — Invented words with no dictionary meaning (strongest protection)
Arbitrary marks — Common words used in an unrelated context
Suggestive marks — Words that hint at the product's qualities
Descriptive marks — Words that directly describe the goods (weakest, harder to register)

A trademark performs several important functions:

Identifies the source and origin of goods or services
Distinguishes a business's offerings from those of competitors
Acts as a quality indicator and builds consumer trust
Serves as a valuable, licensable and franchisable business asset
Enables brand recognition and consumer loyalty over time

Any person, company, firm or legal entity that uses or intends to use a trademark in commerce can apply for trademark registration in India. This includes individuals, startups, MSMEs, corporations and government organizations.

In India, the following types of marks can be registered as trademarks, provided they are capable of distinguishing goods or services:

Words, letters and numerals
Logos, devices and labels
Signatures and stylized fonts
Shapes of goods or their packaging
Combination of colors
Sound marks and three-dimensional marks

Trademark registration benefits the owner by providing:

Exclusive legal right to use the mark in the registered class
Legal grounds to take action against infringement
The ability to license or franchise the brand to third parties
Recognition as a tangible and valuable business asset
The right to use the ® symbol after successful registration

Industrial Design

Industrial Design Frequently Asked Questions

Key questions about design registration, protection and piracy under the Designs Act 2000.

Under the Designs Act 2000, a design refers to features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article by any industrial process, which in the finished article appeal to and are judged solely by the eye.

A design does not include any mode or principle of construction or anything which is in substance a mere mechanical device.

Under the Designs Act 2000, an article means any article of manufacture and any substance, artificial or partly artificial and partly natural, and includes any part of an article capable of being made and sold separately.

The objective of design registration is to protect the visual appearance of a product — its shape, configuration, pattern or ornamentation. Registration grants the proprietor the exclusive right to apply the design to the article in the class for which it has been registered.

It encourages innovation and creativity in industrial design by providing legal protection against unauthorized copying or imitation.

Upon registration, the proprietor of the design has the exclusive right to apply the design or any fraudulent or obvious imitation thereof to any article in the class in which it is registered for any purpose. The owner can take legal action against any person who infringes this right.

The initial period of design registration is 10 years from the date of registration. This can be extended by a further 5 years on application to the Controller, making the total maximum protection period 15 years.

Piracy of a registered design means applying the registered design or any fraudulent or obvious imitation of it to any article in the class in which the design has been registered, for the purpose of sale, without the consent of the registered proprietor.

If any person commits piracy of a registered design, they shall be liable for every contravention to pay a sum not exceeding ₹25,000 to the registered proprietor, subject to a maximum of ₹50,000 recoverable as a contract debt in respect of any one design.

The registered proprietor may also initiate a civil suit for damages and seek an injunction to prevent further infringement.

No matching questions found. Please try a different keyword or browse the categories above.

Need Help Protecting Your Innovation?

Speak with our intellectual property experts to secure your patents, trademarks and designs.

Book Free Consultation Contact Our Experts

Frequently AskedQuestions

Need Help Protecting Your Innovation?

Frequently Asked
Questions