This checklist provides some of the basic steps every start-up must take to protect its intellectual assets.
Patent Protection
Identification of inventions with potential for patent filings
Patent Search and Patentability Analysis
Inventor Assignment Agreement Execution – To transfer all rights to the start-up
Provisional or complete patent filing
Foreign Filing Permit, if required
PCT, or foreign patent filing
Patent pending notice on relevant materials
Trade Mark Protection
Shortlisting of Marks
Identification of relevant classes of business
Trademark Clearance Search…
The Indian Patent Office, after extensive consultative process, has issued an Order by which Chapter 08.03.05.10 of the Manual of Patent Office Practice and Procedure (MPPP), containing provisions pertaining to section 3(k) of the Patents Act, 1970, will stand deleted and replaced by the provisions of the new Guidelines, for examination of Computer Related Inventions (CRIs), with immediate effect.
The Guidelines, while outlining the legal provisions related to CRIs, extensively demonstrates what ‘Patentable Subject Matter’ means and what parameters are…
The post below has been previously published on 9th December, 2014. Besides minor dated references, the post gives a basic understanding of how start-ups can raise funds and get investments from venture capitals and other investors, through their intellectual assets. Funding activities during the last quarter, especially when it comes to start ups, was great! Apart from the US$ 1 Billion Fundraising by Flipkart, India saw several start ups being funded at various levels. A Report indicates 93 deals…
More often than not, start-ups focus on protecting their intellectual property, but ignore risks from intellectual property of third parties. IP of third parties may kill a business if appropriate risk clearance measures are not taken at the right time. While protecting IP is very important for start-ups and entrepreneurs, avoiding or mitigating risks from IP of third parties is even more important. A start-up company must take necessary steps to avoid the risk of infringing IP of third parties.…
The post below highlights the achievements of the Traditional Knowledge Digital Library or TKDL in the previous decade.
20 years ago, two patents pushed the Indian government into a full panic mode. These two patents were none other than the infamous Turmeric and Neem patents. In 1995, Suman K. Das and Hari Har P. Cohly were granted a US patent on ‘Use of Turmeric in Wound Healing’, and in the same year, WR Grace was granted a patent for neem-based bio…
Copyright protects ideas expressed on a tangible form. The expression may be in the form of literary work like website content, brochure content etc, photographic work such as pictures used on website, brochures, etc, artistic work like layout of website, drawings, etc, cinematographic work such as promotional videos, support videos, etc, and so on. Protection of copyrights provides several business and competitive advantages to startups and entrepreneurs. A startup company must protect its marketing materials, documents, websites and so on…
Recently the Times of India reported that IndiGo Airlines, one of the premier airline companies operating from India, with more than 100 flights daily, had landed in a trademark dispute with Tata Motors, another automobile giant and proprietors of the car TATA INDIGO. It is interesting to note that although Inter Globe (Prorpietors of IndiGo Airlines) and Tata Motors have been disputing for the past ten years, before the Indian Trademark Office, the news of the existence of such a dispute has…
Confidential Information is any information that has business or economic value because it is not known to others, and for which, appropriate measures are taken to protect secrecy. It can be any sort of information that fits into the said requirements. Business information, financial information, technical information, scientific information, plans, methods, client lists, designs, and any other such information that has economic value is protectable as confidential information, or trade secret. Protection of trade secrets and confidential information of a…
Council of Scientific and Industrial Research (CSIR) armed with the Traditional Knowledge Digital Library (TKDL) appears to be on a rampage like an unstoppable juggernaut, successfully foiling bid after bid, made by companies seeking to patent traditional knowledge. Few weeks ago, the media was abuzz with news that CSIR had successfully foiled a bid by Colgate-Palmolive to patent a Mouthwash formula containing “nutmeg”. This successful thwarting of the patent was soon followed by another victory when India foiled UK's Bid…
For a technology driven start-up or entrepreneur, patents form the most important intellectual assets. They provide the necessary exclusivity, and competitive advantage to start, build and grow the business. Patents are also considered as important assets by venture capitalists and investors before making investment decisions. So, every technology driven start-up must ensure that its technologies/inventions are properly protected under the patent regime. Once a decision on patent protection is made, the start-up company must file a patent application as soon…