IP Registration & Protection

Services in India

In India patents are registered and governed under the Patents Act, 1970. The patent is granted by the Office of the Controller General of Patents generally known as the Indian Patent Office (IPO). The term of patent granted in India is 20 years from the date of filing of the application. The procedure for registering a patent in India is a complex and daunting task which may extend over a period of 2 years. Our attorneys can help in making the registration of your patent easier and faster by helping you through the journey of registering a patent starting from filing of application for grant of patent to protecting your patent from any kind of oppositions.

Copyright is a legal term that is used to describe the rights that creators have over their literary or artistic works. It grants the holder an exclusive right to prevent others from copying the work of the owner of such copyright for a term of 60 years. While it is not necessary to register a copyright, it is important to allow you to prevent infringement. We, at KPA can assist you in preparing your copyright application, filing and maintaining it.

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprise. These are symbols, words and phrases that represent an enterprise or any particular product of the enterprise. Trademark law in India is governed by the Trade Marks Act, 1999. Once registered successfully, It provides the holder, exclusive rights for a period of 10 years after which it needs to be renewed. Our attorneys help in ensuring that your sign is registered and renewed appropriately and without any snags in a timely manner.

In today’s rapidly changing market, the design of a product plays an integral role in attracting consumers. Effective designs are visually distinct from other products in order to differentiate products of a particular enterprise from that of others. This type of IP is judged solely by the eye. The registration and protection of industrial designs in India is governed by the Designs Act 2000 along with the Design Rules, 2001. Registering a design becomes important to prevent knockoffs. Knockoffs can be a major drain on any business. At KPA, our intellectual property experts have experience working with designs across industries and can help find the solutions you need.

A Geographical Indication or a GI tag is a legal recognition given, primarily to an agricultural, natural or a manufactured product originating from a definite geographical territory. GI tags convey an assurance of quality & distinctiveness of a product, which is essentially attributable to the place of its origin. Our attorneys work a variety of GI matters both India and international. Even after registration a constant market surveillance needs to be carried out to make sure that there are no counterfeit products being passed off.

Trade secrets are a set of intellectual property rights on confidential information which may be sold or licensed. The unauthorized acquisition, use or disclosure of such secret information by others is regarded as an unfair practice and can be prosecuted as a violation of the trade secret protection.

Services in the US

The United States Patent and Trademark Office (USPTO) is the authority which is responsible for granting patents in U.S. The patent law regime in the United States is administered by the Patent Act of 1952. There are three types of patents in the U.S. – Utility, Design and Plant patent. It takes about 22 months to go from application to patent approval. Our attorneys can help you in selecting the category which suits the best for your invention. We can help you navigate the complex applications and process involved in registering a patent in U.S. without any hassles by reducing any possible errors which might arise leading to delay in grant of patent.

Copyright protects original works of authorship including literary, dramatic, musical and artistic works. It must be noted that copyrights protection cannot be claimed over facts, ideas, systems or methods of operation. Formal registration with the United States Copyright Office is not necessary by law. However, registration is generally recommended for a number of reasons. In the event of successful litigation, registration also allows the holder to recover statutory damages and attorney’s fees from the infringer. Our team of experts will take you step by step through the entire process ensuring that your copyright is registered successfully and protected from any infringements.

The U.S. Patent and Trademark Office (USPTO) is the agency that is responsible for granting U.S. patents and registering trademarks. A trademark in the U.S. is valid for 10 years after which it has to be renewed to prevent any kind of infringement. In U.S. you can file for federal, state and international registration of your trademark. It completely depends upon you to decide which one to apply for. As the name suggests, registering your trademark with your U.S. state creates rights within that state only. If you wish to spread your trademark across some other state, it will not be provided any protection against infringement. Your trademark will be listed only in the database of that particular state only in which you got it registered. Federal trademark registration involves registering your trademark with the USPTO granting you rights throughout United States. Our team of experts ensures that your trademark is protected and converted into a beneficial asset for you.

The owner of an industrial design has the right to prevent third parties from manufacturing, trading or importing article bearing a design which is identical or similar to the protected design. In order to get statutory protection, your particular design needs to be registered. We can get you through this process and ease your worries and burdens.

GIs are a unique form of intellectual property. Unlike other rights, GIs are not owned by any individual or company rather they are owned by a community. With the help of a GI tag, you can protect and identify the authenticity and reputation of a product. We work with registration of GI, protection against piracy, passing off actions, infringement proceedings for GI and more.

After the introduction of the Uniform Trade Secrets Act (“UTSA”), the US has adopted a uniform approach to trade secrets across all states. It is important to note that, unlike other IP, trade secrets are protected without any registration and procedural formalities. However, the secret has to fulfil certain conditions in order to qualify as a trade secret. Our attorneys help you in understanding what counts as a trade secret in order to help you prevent your innovation and confidential information so that it is not used by some infringer illegally.

Services in India & US

The rights granted with any category of IP are definite in nature. This means that the owner of such IP over a product or service or invention has exclusive rights for a duration that is defined in the legislations dealing with the respective IPs. Therefore, the practice of IP renewal helps the owner to keep their IP rights in force. On the cessation of the IP, all the rights attached to that IP also cease to exist. Hence, it becomes imperative for the owner of such IP to keep renewing his/her IP to order to prevent any infringement and exercise the rights freely without any legal issues. Our team specializes in providing IPR renewal services for trademarks, patents, copyrights and designs. Let our firm make sure that your IP is always yours alone by renewing it on a timely basis so that you can avail the benefits attached to your IP at all times.