
IP Infringement and Legal Remedies in India
Intellectual property is more than a legal concept. It is business asset that carries real value.
5 min read
A granted patent gives you the legal authority to stop anyone else making, using, selling or importing your invention, for twenty years. LegalWiz.in drafts the complete specification and files it for you.
A few details, then secure checkout. Your expert takes it from there.
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What a granted patent gives you, when to file the complete specification, and why inventors choose LegalWiz.in to draft one.
A complete patent is an exclusive legal right that lets the inventor exclude others from making, using, selling, offering for sale or importing a particular invention. That right runs for 20 years from the date of filing, and the 20-year term exists to reward people for creating and for adding to what they have created.
The holder is entitled to sue anyone who violates the patent, and to choose who may buy, be granted or be licensed the rights in it. Those two together are what make a patent an asset rather than a certificate.
A provisional application before this one is optional. If the invention is finished and you already have complete information about it, the complete specification can be filed directly. Where a provisional was filed, the complete specification is due within twelve months of it.
Everything below is handled by your relationship manager and a patent professional. You describe the invention once, and approve the specification before it is filed.
Government fees are charged at actuals and are paid when the application is submitted. Additional fees apply where the complete application carries more than 10 claims, and a paper filing costs 10% more than an online one.
Anything that is a discovery rather than an invention, with no inventive step in it.
Anything frivolous or obvious, contrary to law, injurious to public health, or relating to atomic energy.
A mere arrangement, rearrangement or duplication of known devices, and anything with no utility.
A method of agriculture or horticulture cannot be patented.
Registration lets the owner stop anyone else making, using, selling, offering or importing the patented invention for profit without permission, and lets them decide who may, on terms they negotiate.
It gives the holder the legal right to bring an infringement case where someone exploits the patent without permission. The patentee, an assignee, a licensee or an agent can institute a civil suit in a court no lower than a District Court.
A patented invention improves brand value, and can support a higher price. On a product that is genuinely useful, that flows through to the valuation of the business holding the patent.
Managed well, a patent can produce far greater returns than any other intellectual property. The owner can license, assign or sell it, which is how pharmaceutical companies have long made money from patented products.
A patent protects an invention. It does not protect a brand name or a piece of writing, and those need a different right.
| Attribute | Permanent Patent | Trademark | Provisional Patent | Copyright |
|---|---|---|---|---|
| What it covers | ||||
| InventionsA new invention idea, with a prototype | Brand name and logoA logo, a design, packaging material, or the name of a business or company | InventionsA new invention idea, with a prototype | Artistic worksAll types of original artistic, dramatic or musical work | |
| Governing Act | The Patents Act, 1970 | Trade Marks Act, 1999 | The Patents Act, 1970 | The Copyright Act, 1957 |
| How you get it | ||||
| MandatoryThere is no unregistered equivalent | MandatoryRequired to claim an exclusive right over the mark | MandatoryThere is no unregistered equivalent | OptionalCopyright arises on creation, but registration is what lets you sue | |
| OptionalA complete specification can be filed directly, or within 12 months of a provisional application | NoDoes not require any provisional application | NoIt is the provisional application itself | NoDoes not require any provisional application | |
| What it gives you | ||||
| NoThere is no symbol for a patent | Yes™ once the application is filed, ® once registered | NoThere is no symbol for a patent | Yes© | |
| 20 yearsFrom the date of application, including the year of the provisional filing | 10 yearsRenewable every 10 years, with no limit on the number of renewals | 12 monthsThe complete specification must be filed inside that year, or it lapses | Lifetime, plus 60 yearsThe creator’s lifetime, and 60 years after their death | |
| Next step | Get started | Know more | Know more | Know more |
Swipe the table sideways, Permanent Patent stays in view. Open any attribute to read the detail behind all 4 answers.
Six things, and the third is the one that matters most. Take advice before disclosing an invention to anyone.
The title of the invention.
Name, address, contact details and nationality of each applicant for the patent.
A detailed description of the invention, and of what the patentee wants to claim out of it.
The technical details and drawings, together with a copy of the provisional patent where one was filed.
A DSC for the applicant. LegalWiz.in can provide one where the applicant has none.
Either certificate, where you hold one. It is what makes the subsidised government fee available.
Step 01
Step 02
Step 03
Subject to government processing time.
Twenty-five working days from your brief to a filed complete specification.
8 of 25 working days
12 of 25 working days
1 of 25 working days
1 of 25 working days
Subject to government processing time. Examination is not automatic: a request for examination must be filed within 48 months of the application or the priority date, whichever is earlier.
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Still have a question? Our team is happy to help, at no charge and with no obligation to buy anything.
No. Filing the provisional specification is an optional step.
If you already have complete information about the invention, you can go directly to the complete specification. There is no requirement to file a provisional application first.
A patent gives you exclusive rights over the invention. Without protection under the law, anyone can exploit it commercially once it is available to the public.
To stop others using, selling or copying it, the inventor has to apply for a complete patent.
If you are an employee, intellectual property generated in the course of your employment usually belongs to the organisation you work for.
Where there is no such agreement you can apply in your own name. It is still advisable to take a no objection certificate from your employer or institute if you used their resources, to avoid a dispute later.
An invention needs these qualities to be patentable:
Generally no. Once an invention is in the public domain it can no longer be patented, so an inventor should not disclose it before the application is filed.
The Patents Act allows a 12-month window in certain circumstances: where the invention was published in a journal, displayed at an exhibition organised by the Government, or disclosed before a learned society, by the same applicant and inventor.
No. The Patent Office generates no automatic report.
The applicant has to file a request for examination, and only then is the application examined. The request must be made within 48 months of the date of filing or of the priority date, whichever is earlier.
Yes. Where the claims in a complete application exceed ten in number, an additional fee is levied.
The rate is set by the fee structure table in the first schedule of the Patents Act, 1970.
Yes, and either one will do. Both certifications give access to the same government benefit.
That benefit is a 50% discount on government fees.
Yes. Government charges for a physical application are 10% higher than for an online one, which is a deliberate incentive towards electronic filing.
No. The professional fee covers the drafting and the filing work.
Government fees for filing the provisional application or the complete specification are paid by the client when the application is submitted.
In one of four ways:
A patent rarely has value unless the commercial worth of the product or the technology behind it can be demonstrated and exploited. It is worth assessing the utility and the demand before filing.
Where that value exists, money is made from a patent by claiming royalties, by selling it, or by licensing the patented invention.
No. A patent filed in India is valid only in India, and no patent is global. Protection elsewhere needs separate patents filed in each country.
Filing in India does let the applicant file a corresponding application for the same invention in convention countries, or under the Patent Cooperation Treaty, within twelve months of the Indian filing date.
Turn an invention into twenty years of exclusive rights.
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