Intellectual Property Rights

Intellectual Property Rights

 

With the growing globalization, the focus on brand building and securing intellectual property rights has been felt more than ever. A robust intellectual property management program can ensure multifold growth of a company and can lead to strong asset creation in the long term.

We at LexOracle understand the value of Intellectual Property and the brand created by our clients. With significant experience in the field of Intellectual Property, LexOracle provides full range of services required for the protection and management of Intellectual Property Rights including trade mark prosecution, design and patent prosecution and copyright registration.

LexOracle consists of experts with years of experience in conducting Patent search, drafting specifications and claims, responding to the examiners queries, filing applications (including PCT applications), drafting and filing of assignment, licensing agreements, Oppositions and revocation petitions. In addition to handling patent prosecution, our team has significant experience in handling contentious Patent matters before Hon’ble IPAB and Hon’ble High Courts.

LexOracle has advised and helped growing start-ups and multi-national brands in securing and management of their IP portfolios by non-contentious means, such as registration of trade mark, oppositions, copyright, geographic indication protection, designs protection, opposition etc.

In addition, LexOracle has an experienced team of lawyers in handing contentious matters of rectification before Hon’ble IPAB, and infringement and passing off of trade marks, copyright, designs etc. before Hon’ble District Courts and Hon’ble High Courts of India.

Patent Filing

 

Patent Drafting is the first step in the process of obtaining a patent. Our team at Lexoracle takes a comprehensive approach while drafting and preparing patent applications as it has the tendency to affect the short as well as long-term interests of the client. Patent drafting contains various aspects such as the complete knowledge of the invention, technical subject matter, in-depth knowledge of various laws, a detailed description of the invention, and associates figures/drawings, therefore, it is a tough task. Therefore, Lexoracle works closely with inventors to ensure a smooth patent registration process.

The Patents Act, 2005 suggests that the inventor or his agent/ assignee/ or his legal representative, or his heirs (in case the inventor is deceased) can apply for the patent in the head office of the Patent Office of India. Before we start working on the preparation of patent draft or patent specification, the prior art search, patentability analysis are necessary to identify the state of art technologies. Subsequently, the patent draft is filed at the patent office for review and examination and undergoes an extensive examination at the patent office and only after that it is decided whether a patent will be refused or granted.

The applications received by the patent offices can be divided into two types (national patent applications and International patent applications) based on the type of office at which the fresh application for patent has been filed. National patent applications will always be submitted at the national office of patents, for example, Indian patent office. An international patent application of patent can be filed through the PCT route that is, patent cooperation treaty. The PCT provides a centralized platform of a patent application across multiple countries internationally which is solely operated by the World Intellectual Property Organization. The application filed through this process is called an international patent application which at the later stage gives applicant, an advantage of filing the patent in any of the member countries of the PCT within 31 months from the priority date. An inventor or a company has to be certain about the type of application they prefer to file in accordance with their requirements.

We are a team of IP experts with years of experience, operating as patent attorneys registered under Indian patent office. At Lexoracle, we provide comprehensive service in preparing required documentation and filing at the patent office through the online portal for India as well as for PCT.

For more information or query, please contact us.

 

Trademark Filing

 

A well-established Brand not only increases the effectiveness of marketing campaigns, but it also enables the company to secure margins and potentially extend the Brand to new services and product lines. A Trade Mark and Brand are closely linked and cannot be separated. But, there is no doubt that a Trade Mark is a prerequisite to Brand Building. A Trade Mark which is not appropriately protected may give rise to legal conflicts and may also restrict a corporate from using the respective mark that signifies its very existence. Lexoracle has quality expertise and knowledge in the field of trademarks. Lexoracle has been advising multiple corporates on their trademark development strategy and has helped them register and enforce Trade Marks in India through its strong network alliances.

Trademarks Law in India is governed by the Trade Marks Act, 1999 and Trade Marks Rules, 2017. Any mark which is capable of being represented graphically as a word, device, label, numerals or combination of colours and capable of distinguishing the goods or services of one person from another can be registered.

Trademark application and prosecution in India since its inception involve the filing of various Forms by the trademark holder/agent/attorney with the Registry. For smooth and successful prosecution of trademark applications, Forms are to be accompanied by prescribed fees and requisite documents as mentioned in the Act and Rules. As far as the official fee is concerned, it depends upon the nature of the organization, whether it is an individual/startup/small enterprise or company and whether the application is to be filed online or physically.

For more information or query, please contact us.