| (iii) Fresh patent applications originating from India |
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| 6. What is the deadline of filing a PCT application in national phase in India?
|
| |
| It has to be filed within 31 months of the priority date. |
| |
| 7. What are the documents required at the time of filing a PCT/ Convention application in India?
|
| |
| Only softcopy of the application (showing the priority details) |
| |
| 8. What are the documents required AFTER filing of a PCT/ Convention application in India? |
| |
Letter of authority on Indian stamp paper (Form 26)
Priority documents
Certified copy of the Assignment deed
|
| |
| 9. What are the typical a) steps, b) duration of these steps, and the c) deadline, if any required in prosecuting a patent application in India? |
| |
Sr. No |
Step |
|
Duration |
|
Deadline |
| |
|
|
|
|
|
1. |
Filing of Patent Application |
|
2 working days |
|
PCT application: 31 months from the priority date. Convention application: 12 months from the priority date. |
| |
|
|
|
|
|
2. |
Publication |
|
Published after 18 months of the priority date |
|
|
| |
|
|
|
|
|
3. |
Request for examination |
|
Can be filed only after Publication. |
|
48 months of the priority date |
| |
|
|
|
|
|
4. |
Examination report |
|
Generally issued after 8-12 months of the filing of Request for examination. |
|
To be cleared within one year from the issuance of examination report |
| |
|
|
|
|
|
5. |
Grant of patent |
|
- |
|
|
|
| |
| |
|
| TRADEMARK |
| |
| 1. What is a trademark? |
| |
| A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. |
| |
| 2. What is a service mark? |
| A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. |
| |
| 3. What are the steps required to register a Trademark in India?
|
| |
Steps |
Step |
|
Duration |
| |
|
|
|
1. |
Obtaining Search Report, if required |
|
1 working day |
| |
|
|
|
2. |
Filing Trademark Application |
|
1 working day |
| |
|
|
|
3. |
Examinations, Office Action and Hearing` |
|
2-3 months |
| |
|
|
|
4. |
Publication |
|
4 months |
| |
|
|
|
5. |
Grant of patent |
|
Total 1-1½ years from the date of filing the Trademark Applications |
|
| |
| 4. I want to file a trademark application in India/ US/ Canada/ Australia/ England. How do I proceed? |
| |
| Go to the Information Sheet and fill up the form. Our Attorneys will contact you in less than 24 hrs. |
| |
| |
|
| CORPORATE |
| |
| 1. What is the process to form a 100% subsidiary company in India? |
| |
Steps |
Step |
|
Duration |
| |
|
|
|
1. |
Obtaining Search Report |
|
5 working days |
| |
|
|
|
2. |
Drafting Memorandum and Articles of Association as per India legal requirement |
|
5 working days. Is done simultaneously to obtaining search report |
| |
|
|
|
3. |
Registration of Memorandum and Articles |
|
2- 3 weeks |
|
| |
| 2. We want to establish a company in India, but want to know more about corporate governance and ethics in India? |
| |
| The Companies Act 1956 enforces corporate governance with accountability of companies and their officers. Every company has to maintain documents starting from Memorandum and articles of associations, copy of instruments creating charges, debentures, notice, advertisement or other official publication mentioning the amount of the paid up and subscribed capital. Till the company is dissolved, it must retain registers of- |
| |
- Members, debenture holders, directors, managing director, manager and secretary containing all particulars
|
- Annual returns, accounts containing balance sheet, profit and loss account, book debts
|
- Board’s report containing the state of the company's affairs, the amounts which it proposes to carry to any reserves in such balance, the material changes and commitments affecting the financial position of the company which have occurred between the end of the financial year of the company to which the balance sheet relates and the date of the report and the conservation of energy, technology absorption, foreign exchange earnings and outgo.
|
| There are many reasons attributable for Corporate Failures and the most prominent among them all is the failure of organizations to ensure accuracy, reliability and transparency of their financial report. Hence Clause 49 thrusts on strengthening internal controls over financial reporting. It has ensured that the companies listed have incorporated to the Structured Legal Compliance Management (LCM) system due to which there is an objective and consistent benchmark across the organizations and across industries. Security Exchange Board of India (SEBI) mandates companies to disclose the matters relating to issue of capital, transfer of securities and the aggregate of his shareholding in the body corporate before it acquires any shares and make a public announcement to acquire shares at a minimum price |
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