Assignment in Lieu of Missed Quiz

LEGAL ASPECTS
OF BUSINESS

By Akshay Raut
PRN: 20020141025 | Roll No.: 43125
 Contents

1. Briefly explain the procedure for registration of patent………………… 2

2. Briefly explain the five types of trade marks…………………………….. 5

Word Count:
Answer 1: 1004 words
Answer 2: 1006 words

Question 1. Registration Process for a Patent Under Patent

Act,1970
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Answer 1.:

Step 1: Check the patentability of an invention

A detailed quest for patentability to ascertain whether a patent can be awarded or not will
take place before filling out a patent application in India. Patent and non-patent references
should be used. You should calibrate the patent application to prevent you from filing a
patent which already exists based on knowledge that has been found through your search.

A patent should meet all the criteria as per Indian Patent Act:
 Novelty
 Inventiveness
 Industrial Application
 Enabling

Step 2: Drafting Patent Application (Provisional or Complete)

A patent application is submitted at a patent office in compliance with competence in Form-1

with the specified charge referred to in Schedule 1. Each patent request is followed by a
patent requirement (Form 2).

You may either file a provisional or full application, depending on the state of the innovation.
It is advised that a provisional application is filed to block any important filing deadlines if it
is already in production mode. A full specification must be submitted in twelve months' time
from the date of the submission and the application shall be considered to have been
abandoned if the complete specification is not filed.

Step 3: Filling the Patent Application in India

First filing in India – Once the request is drafted in India, the patent application must be
submitted and the date of completion must be secured. Where the provisional application is
submitted, the application is to be declared to be abandoned within 12 months of the
application being lodged and where it is not filed in full within that period.
Foreign filing decision – You must register an invention within 12 months after your first
filing date if you are involved in defending your invention in other foreign jurisdictions You
are involved in based on the nations.

Every application for patent needs to be filed in the forms mentioned below:
 Form 1 – Application for grant of a patent
 Form 2 – Provisional/Complete specification
 Form 3 – Statement and undertaking regarding foreign application under section 8 as
per the Patent Act Herein after re offered to as, “The Act”(only required if a
corresponding patent application is filed in another country)
 Form 5 – Declaration as to inventor ship (only to be filed along with the complete
application)
 Form 26 – Form for authorization of a patent agent (only required if you are using a
patent agent to help you file the application)

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  Form 28 – To be submitted by start-up or small entity (only required if you are
claiming start-up or small entity status)

Priority documents:
In case you are claiming priority from a foreign patent application and entering India, you
may be required to provide the priority document as well.

Step 4: Publication of Patent Application

Ever application is published in the official journal after 18th months period from the date of
filling of application or the date of priority of application whichever is earlier.
There is a provision for early publication of an Indian Patent application by filling a formal
request.

The early publication rule does not apply if:

a. Secrecy directions are imposed under Section 35 of The Act.
b. Application has been abandoned under Section 9(1) of The Act.
c. The applicant has withdrawn his application three months prior to the expiry of said
prescribed period of 18 months. ( [1]Term and Date of Patent )

Step 5: Examination of Patent Application

Every patent application is not examined; Applicant or any other third party has to file a
request for examination under Form 18 and for expedited examination in Form 18A (under
conditions as prescribed in the Rules).

Process of Examination (Objections by examiner & responding to objections)

Once the application is filed it will end up on the desk of examiner. During examination
process examiner will scrutinize application that it is in accordance with Patent Act and
Rules.
The examiner creates first examination report of the application and will state ground for
objections if any. Thereafter the applicant is required to comply with the requirements within
a period of 6 months from the date of FER which can be extended by 3 months by filing
Form4.

Step 6: Grant of Patent

When all the requirements of the FER are met or in case of opposition under section 25(1),if
the opposition is decided in favour of the applicant ,the patent is granted, after 6 months from
the date of publication under section 11 A, the letter patent is issued, entry is made in the
register of patents and it is notified in the Patent Office, Journal, thereafter opening the
application ,specification and other related documents for public inspection on payment of
prescribed fee.

Step 7: Renewal

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After the grant of patent it needs to be renewed from 3rd year onward by paying renewal fee
as prescribed in Schedule 1. A Patent in India can be renewed for maximum period of 20
years from the date of filing. 
[1]
TERM AND DATE OF PATENT
Term of every patent will be 20 years from the date of filing of patent application,
irrespective of whether it is filed with provisional or complete specification. Date of patent is
the date on which the application for patent is filed.
[2]
POST_GRANT OPPOSITION:
Any interested person can file notice of opposition (along with written statement and
evidence, if any) any time after the grant of Patent but before the expiry of a period of one
year from the date of publication of grant of a Patent in the Patent Office Journal .The above
notice under Section 25(2) shall be filed on Form-7 along with a fee of Rs. 1500/ or Rs.
6000/- for natural person and other than natural person respectively, in duplicate at the
appropriate office. The grounds of opposition under section 25 (2) are the same as given
before in case of pre grant opposition. The post grant opposition is decided by an Opposition
Board  followed by a hearing and the reasoned decision by the Controller.

Reference:
http://ipindia.gov.in/writereaddata/images/pdf/oatent-office-procedures.pdf
https://www.sethassociates.com/procedure-for-grant-of-patent-in-india.html

Question 2. Types of Trademark In India

Answer no. 2:
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Trade Mark Means

The purpose of the trademark is the same, irrespective of its type. It allows the consumers to
distinguish the source of the product/service and assures the quality of the product or service.

 A mark capable of being shown graphically and capable of distinguishing goods or

services of a person from other persons' choice, and may include the shape, packaging
or colour combinations of the goods and the mark used by or to indicate a connection
to a trade mark used in the context of a trade with the goods or services;
 For the purpose of identifying or indicating a connection in the process of trading
between the products or services in relation to a trademark or mark used in relation to
goods or services, if applicable
 an individual possessing the right as proprietors of a trade mark to use it and to use a
mark, used or proposed in respect of goods or services, in order to show a link in the
course of trade between goods or services and in respect of other provisions of this
Law.
 Any individual with a rights to use this logo, with or without indication of the identity
of such a person, either as proprietor or as authorised consumer, which requires a
certification trademark or collective mark.

1. Product Mark
Product Mark is same as a trademark. The main distinction is in products or goods, rather
than services. It is used to classify the origins of the goods and to differentiate between
the products of a producer. Trade mark as critical as protecting a company's goodwill and
prestige. Within a few days the request for the mark and the "TM" sign used to register
the mark will be filed. In order to complete the procedures, the trademark registry usually
requires 18 to 24 months. Once the trademark is registered and even registration
certificate released, the ® (Registered symbol) can be used next to the trademark.

2. Service Mark
Service Mark is similar to trademark. However, it specifies the service source rather than
the commodity or the products. For instance, a company such as Yahoo may brand a
specific mark on its items, but may use an internet search service mark provided by that
company. It was called 'SM.'
A service mark means a mark distinguishing one owner from another's facilities. The
services provided by the company are represented by service labels. This products are
found in a distribution company where real commodities are not traded under the mark.
Companies that provide services such as computer hardware and programme assembly,
restaurant and hospitality services, postal and transportation services, beauty and health
insurance, publicity and printing, etc. are also able to shield their identities and marks
from being abused by other companies.

3. Collective Trademark
These trademark are used by a number of organisations and are collectively covered by
the group. Collective marks are mostly used for information to the public about a certain
feature of the commodity that has been used by the collective mark. The owner of such
marks normally or cooperatively may be an association or a public entity. Collective tags
often serve to advertise such goods with certain features unique to the manufacturer in a

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 particular area. A mutual trademark may then be used by more than one merchant if the
trader belongs to the same organisation.
The merchant with a specific collective trade mark must ensure that such requirements
are complied with, which are laid down by its members. The purpose of the collective
mark is, therefore, to educate the general public of specific characteristics of the
commodity used by the collective mark. One indication of the collective symbol – the
'CPA' mark, for which members of the Society of Certified Public Accountants were
identified.

4. Certification Mark
Certification mark is a sign that indicates the origin, material, consistency, accuracy or
other characteristics of the products or services approved by the sign holder. This varies
from a typical trademark that differentiates between the products/services of one
business.
In brief, the standards are defined by qualification points. They ensure that the substance
complies with protection and other specified requirements. The label on the package is
used.
The presence on a product of a certification mark means that the product has passed the
quality checks indicated. They promise that the consumers are audited by the suppliers to
guarantee the desired product. Examples include foodstuffs, cosmetics, electrical
appliances, etc., which are marked with the protection and consistency of the product.

5. Pattern Mark
The pattern mark consists of a pattern that can distinguish the products or services from a
certain company. It also differentiates it from other companies. Such products/services as
pattern mark licenced.

The method for assessing pattern individuality is close to that of other brands. Marks that
seem like descriptive or indistinguishable objection to faces. Since they are not used as a
trading root identifier. Without proof of uniqueness, those products/services will not be
accepted for registration. If the pattern mark has been publicly known with the products
or services of a specific company, it may have gained distinctive characteristics and will
qualify for a pattern mark. Pattern Trademark is also a registered trademark, where the
pattern will differentiate the name from other products.

6. Shape Mark
According to the Indian Trademarks Act, 1999, a trademark may also include the shape
of goods, their packaging to trademark. So long as its possible to graphically represent the
shape clearly. This helps in distinguishing the goods sold under such trademark from
those of another manufacturer. The new Trade Marks Ordinance continues to allow
registration of such marks. When the shape of goods, packaging have some distinctive
feature it can registered. For example, Ornamental Lamps. In certain cases, the (three-
dimensional) shape of a product or packaging can be a trademark (for example a specially
designed bottle of perfume). Shape Mark has facilitated promotion of products and came
as trade mark. Any graphical representation which able to make a difference amongst the
products can registered as shape mark.