#eChaiQnA : Trademark, Copyright & Patents for Startups


eChai Ventures and icreate will be hosting the next eChai IP Forum - An insightful discussion about Trademark, Copyright & Patents for Startups in association with EssKsee Consultancy : on 31st August 2016, Wednesday from 6.30 pm to 8.30 pm.

Speakers for eChai IP Forum in association with icreate :

- Jatin Trivedi. Intellectual Property Attorney & Advocate. ▻. Y.J. Trivedi & Co. Ahmedabad

- Sanjay Charkraborty, Marketing Communication Advisor
EssKsee Consultancy

Moderator : Jatin Chaudhary, Salesman, eChai Venutres

You can ask any questions to any of the speakers about Trademark, Copyright & Patents for Startups, their venture, entrepreneurship and their insights.

7 Participants
Jatin Chaudhary Kavita Singh Karan Shah Anay Mashruwala Deepak Joshi Niren Panchal Anglena jullie
Questions & Answers
Niren Panchal

Ur business can fall in different categories of registration...seperate application for each category to be made..each catagory cost around 8k...around 4k legal fee and consultant take 4k and be take care of legal procedure with department..

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Deepak Joshi

Simple.

Since we have had no good experience with online patent filing the site being lazy and all, we physically go to the IPRO in Dwarka, new delhi. People there are absolutely friendly.

You need to do your homework, there are two to three forms for normal patents which are themselves format of patent information. The informations you need to provide are briefed below.

Make sure you fill all those forms correctly and signed every sheet of information.

Pay the amount and get receipt.
Done.

Normally you get the patent published within one year, if patent office do not have any problems with your application.

It takes another two years for examination, though lawfully it is six months.
If nobody objects your patent, generally you get an invited to an examination and if you are through, you get your patent granted.

The procedures are simple as going for a notary.

But most of us dont do homework so either you can hie a patent attorney or fill it by yourself.

According to patent laws, if you are an inventor yourself, it doesnt matter if you are not literate, you file the patent. But if you are an attorney, you must be an engineer or science grad along with a certificate granted by IPRO.

Its quite easy if you do it yourself, only you need to understand one thing that when u are applying for patent you are about to describe in detail and working of the technology you have created.

So, why should you get exclusive right for something? this is the question you are answering in a fixed scientific format.

You need to elaborate these following:

Field of invention- you need to have an understanding what is the need of this invention. this also clears out the examiner whether your invention is needed by people.

Summary of invention - you need o summarize the whole concept. This is the part where it shows how much you know about your on invention. Authenticity is the aim to judge the inventor, you need to be short, precise and clear.

Prior art - this section is another judgement criteria, how much do you know of previous technology of similar nature? may be you dont know that people already have made this exact thing. So basically, this is a very important section and you should be closest to the similar prior art and your understanding about prior technology. Inventors refrain from providing true facts here but actually that is the reason your patents can be declined. you need to be true.

Claims - This is the original part of patents, you claim for what is invented by you, not necessarily the whole technology but the part which is your original content must only be claimed or else you can face downwards.

Drawings and or workflow/process - this is the evidence of how actually technically and physically you did the things. A pragmatic show off.

Who ever read till this line is already a survivor.. lol!!!

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Anglena Jullie

Trademark, Copyright & Patents for Startups in 2014 Founded by John L. Perry (a former Vice President of Business Development at HP) Trademark Terminal and Mark Siegel (co-founder/president of Google), our mission is to raise awareness about the importance people place on intellectual property rights. Our efforts have resulted into a number companies that are now available as early adopters with free software licenses allowing commercial usage:

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Deepak Joshi

Anything which can be patented can be patented in India. Its not about boundaries. Anything which brings value to a product which can be commercialized can be patented given that it is something novel and adds value to an existing technology.

Softwares and codes cannot be patented.
Anything which defies the natural laws of physics cannot be patented.

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Deepak Joshi

Copyright for softwares and codes are not necessary i guess. I read somewhere it is just enough to write 'c' along with the year. I dont know much but copyright of books and music need general info about the person/ company and three specimen copy of the work.

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Karan Shah

but the copyright doesn't hold up much in courts sadly. I wonder if this promotes innovation or decimates it!

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Deepak Joshi
R&D HOD

There is no pragmatic way to describe copyright of a content rather than copying as it is and because of that nature of content not much rules and regulations can protect your work i guess.

Deepak Joshi

Okay.

An engine working technology, its supension technique or say engineered technology of Ford Figo is patentable technology.
Such and such outer design and interior of Ford Figo car is patentable design.
The specific logo design of Ford can be copyrighted
And Figo is a trademark by which ford trades its specific model of car.

I am not an expert and the above example may be wrong but just for the sake to understand, i hope it gives an idea.

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Kavita Singh

It has always been smooth sailing. Thanks to LegalBuddy Akhil Kacholia. He explains everything so well, you feel confident to explain to those who don't know a thing about it.

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Deepak Joshi

We filed our first tech. patent in 2009, it was published in an year, but still awaiting examination. So yes its lethargic process, alike government bodies IPRO is same.
But we have had great experience at Delhi IPRO, officers are very friendly.
We filed our patent application by ourselves, we believe that the inventors are the best ppl to understand their technology, other lawful words are just a way to represent the information. You just need to know proper english and give time to understand how to use proper words and Indian patent filing is just like writing an essay.

Later we filed two more such patents and they too are awaiting examination.

The govt. fee is very nominal - in 2009 it was 2500 for individual patents. In 2016 it is 4500 now. Quite affordable for startups and individuals.

Trademarks are relatively quicker, normally you get permission to use your trademark or logo within 15 - 20 days. But something must be done for patents.

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