FREQUENTLY ASKED QUESTIONS (FAQs)

Trademarks

Understand how trademarks protect your brand identity, from registration to enforcement against misuse.

Copyright

Learn how copyright safeguards your creative works and what steps you can take to secure and enforce your rights.

Patents

Find answers on protecting your inventions through patents, from filing requirements to maintaining exclusivity.

Designs

Explore how design protection helps secure the visual appearance of your products and prevent unauthorized imitation.

Litigation and Enforcement

Get clarity on the legal remedies available to protect your IP rights and address infringement effectively.

General Patent Questions

Q1. What is a patent and why should I get one?

A patent is a legal right granted by the government that gives the inventor the exclusive right to make, use, sell, and import the patented invention for a period of 20 years from the filing date (in India). In exchange for this monopoly, the inventor discloses the invention to the public in sufficient detail. Patents are valuable because they give you a competitive advantage — the right to exclude others from commercially exploiting your invention during the patent term.

Q2. Can I apply for a patent myself or do I need an attorney?

You can technically file a patent application yourself in India. However, patent drafting is a highly technical and strategic exercise — the quality of the specification and claims directly determines the commercial value of the patent you receive. Poorly drafted claims may be too narrow to prevent competitors from working around your patent. An experienced patent attorney adds significant value to the filing and prosecution process.

Q3. How long does it take to get a patent in India?

Under the standard examination route, the typical timeline from filing to grant in India is currently between 3 and 5 years, depending on the technology field and the examination workload. Under the Expedited Examination route, eligible applicants can receive examination much faster — sometimes within 12 to 24 months of requesting examination.

Q4. How much does it cost to file a patent in India?

Patent filing costs in India consist of official government fees and attorney fees. Official fees are on a sliding scale depending on whether the applicant is a natural person, startup, small entity, or large entity — with discounted fees available for natural persons, startups, and educational institutions. We provide transparent, all-inclusive fee estimates before you engage us for any filing.

Q5. What is the difference between a provisional and a complete patent application?

A provisional application is a temporary filing that secures your priority date. It does not require full claims and gives you 12 months to develop your invention and prepare a complete specification. A complete application is the full patent document with formal claims, detailed description, and drawings. Both provisional and complete specifications are filed with the Indian Patent Office.

Q6. Can I protect my invention internationally?

Yes. You can seek patent protection in multiple countries through the PCT (Patent Cooperation Treaty) route or directly through the Paris Convention. The PCT allows you to file a single international application that preserves your rights in over 150 countries for up to 30 months from your priority date, giving you time to assess commercial viability before entering national phases.

Q7. What happens if someone copies my patented invention?

If someone infringes your patent, you can take legal action. In India, patent infringement suits are filed in the High Court. You can seek injunctions (to stop the infringement), damages or account of profits, and delivery up of infringing goods. SCIPP Patents represents clients in patent enforcement proceedings before the Delhi High Court and other competent courts.

Q8. Can I license my patent to someone else?

Yes. A patent owner can grant licences to others to use the patented invention — exclusively or non-exclusively, for a fee (royalty) or on other commercial terms. Licensing is a powerful way to monetise your patent without manufacturing the product yourself. SCIPP Patents drafts and negotiates patent licence agreements for both licensors and licensees.

Q9. What is a prior art search and why do I need one?

A prior art search examines what has already been published, patented, or used in your technology field before your filing date. It helps you assess whether your invention is novel, identify the closest prior art that the examiner is likely to find, and draft claims that are broad but defensible. A thorough prior art search is one of the most valuable investments you can make before filing.

Q10. Are software and AI inventions patentable in India?

Software per se (in isolation) is not patentable in India. However, technical inventions implemented through software — where the software produces a technical effect beyond the normal physical interactions of running on a computer — may be patentable. The key is to frame the invention around its technical character and the technical problem it solves. Our team has extensive experience drafting software and AI patent applications that satisfy Indian Patent Office requirements.

Q11.Q. What documents are required to file?

·A trademark application for registration is to be made on the appropriate form.
·Application should be accompanied by requisite fees.
·The representation of the mark.
·Signed Power of Attorney.
·User Affidavit and supporting documents (in cases claiming a use date).
·A certified copy of the earlier foreign application, which must include a certified English translation if not already in English.

Q. Are non-conventional trademarks protectable in India?

Yes, the Trade Marks Registry does protect non-conventional trademarks, such as sound marks, motion marks, position marks, and 3-dimensional marks.

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