FAQ'S
What is a Patent?
A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a
product or a process that generally provides a new solution to an existing problem.
Patent gives its owner an exclusive right to prevent third parties from making, using, offering for sale, selling or
importing of a product without his consent. To get a patent, technical information about the invention must be
disclosed to the public in a patent application.
How long does patent protection last?
Patent protection is granted for a limited period, generally 20 years from the filing date of the
application.
Is patent valid in every country?
Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region
in which a patent has been filed and granted, in accordance with the law of that country or region.
What role does Arnais Associates play?
We will help you protect your invention by strategically selecting the countries in which you can seek
patent protection. We follow a step by step process so that you can commercialize your invention at the later
stage in different countries. We will help you build a strong patent portfolio.
How are patent right enforced?
Patent rights are usually enforced in a court on the initiative of the owner. In most systems a court of law
has the authority to stop patent infringement. However the main responsibility for monitoring, identifying, and
taking action against infringers of a patent lies with the patent owner. We will help you enforce your right by
taking legal action against the infringers.
My invention is incomplete but I want to file a patent to secure a filling date?
As the invention is still in progress, you can file a provisional patent application to seek early filling date.
A provisional patent application is a mechanism by which an inventor may file a preliminary, incomplete
application to secure a filing date. Later, at the time of filling complete patent application where you disclose the
invention in detail you can claim filling date of the provisional patent application.
Why should I patent my invention?
Exclusive rights: Patent give right to protect your invention from commercial exploitation of
using, selling an invention for twenty years from the date of filing of the patent application.
Return on investments: By manufacturing your invention, you may be able to establish yourself in
the market as the pre-eminent player and to obtain higher returns on investments.
Opportunity to license or sell the invention: If you choose not to manufacture your invention on
your own, you may sell it or license the commercialization of the patented invention to another
enterprise.
Positive image for your enterprise: Business partners, investors and shareholders may perceive
patent portfolios as a demonstration of the high level of expertise, specialization, and technological
capacity within your company. This may prove useful for raising funds, finding business partners
and raising your company’s market value.
What is Patent portfolio?
A patent portfolio is a collection of patents owned by a single entity, such as an individual or
corporation. Patent portfolio filled with high-value patents not only helps to generate revenue but also helps
organizations emerge as market leaders.
Can a registered trademark be removed from the register?
A registered trademark can be removed if the mark is wrongly remaining on the register of trademark
How to file trademark internationally?
You can directly file a trademark in the jurisdiction of interest with or without taking priority of domestic
mark. However, if you wish to file trademark in multiple countries than it can be filed through Madrid Protocol
by taking priority of one of the countries.
What is Design under the Design act, 2000?
Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or
colour or combination thereof applied to any article whether two dimensional or three dimensional or in both
forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined,
which in the finished article appeal to and are judged solely by the eye
What is the duration of the registration of a design? Can it be extended?
The duration of the registration of a design is initially ten years from the date of registration, but in cases
where claim to priority has been allowed the duration is ten years from the priority date. This initial period of
registration may be extended by further period of 5 years. The proprietor of a design may make application for
such extension even as soon as the design is registered.
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and
producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia,
rights of reproduction, communication to the public, adaptation and translation of the work. There could be
slight variations in the composition of the rights depending on the work. Copyright protects the expressions and
not the ideas.
Is it necessary to register a work to claim copyright?
No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into
existence as soon as a work is created and no formality is required to be completed for acquiring copyright.
However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a
court of law with reference to dispute relating to ownership of copyright.
How can I get Copyright registration for App?
An App may be registered as a computer program under literary works. For this purpose applicant is
required to submit an application for registration under software category, accompanied by the source and object
code as provided under the Copyright Rules 2013.
It is important to note that the registration will cover any screen displays generated by that program, provided
that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of
screen displays of an app are not eligible for copyright protection.