GAURIVANDANA IP

Introduction As a business grows, protecting its intellectual property becomes increasingly important. One of the critical steps in protecting a business's brand is ensuring that its trademark is owned by the company rather than individual founders or other entities. This allows the business to fully leverage the trademark as an asset, ensuring legal clarity and strengthening the brand identity. In this blog, we’ll walk through the process of transferring or assigning a trademark from individual owners (like founders) to their company. We’ll use the case of "I" a company founded by R and A as an example to illustrate the process. What is Trademark Assignment? Trademark assignment refers to the legal transfer of ownership of a trademark from one party (the assignor) to another (the assignee). The assignor gives up all rights to the trademark, and the assignee gains full ownership of the trademark, including the right to use and protect the brand. This transfer can be parti...

Patent law is fundamentally based on the principle of novelty, which ensures that only new and inventive ideas are granted patent protection. However, how novelty is assessed can differ between jurisdictions. In this article, we will explore two distinct approaches to novelty in patent law: strict novelty and relative novelty, and understand the implications of each for inventors seeking patent protection. What is Strict Novelty? Strict novelty is a patent requirement where an invention is considered novel only if no prior disclosure of the invention exists, anywhere in the world, before the filing date of the patent application. Under a strict novelty system, the invention must be entirely new, and the invention’s novelty is assessed against any prior public disclosure regardless of its location or the identity of the person who disclosed it. In a strict novelty regime, any prior art (whether published in the same country or abroad) that discloses the invention in full will destroy th...

In patent law, the concept of multiple priorities and partial priorities can significantly influence the scope of patent protection an applicant can secure. These legal provisions allow applicants to claim priority from multiple earlier applications and, in some cases, from only parts of an invention disclosed in earlier filings. While these provisions provide flexibility and broader protection, they also require a nuanced understanding of the underlying rules, particularly in jurisdictions like Europe. Let’s break down these concepts and explore how they work in the context of the European Patent Office (EPO). 1. Multiple Priorities Multiple priorities refer to a situation where a single patent application claims priority from more than one earlier application. This concept is most commonly seen in situations where an invention is disclosed in multiple parts or embodiments, each of which may have been filed in different countries. Key Points on Multiple Priorities: Multiple Applicatio...

Effective Filing Dates in Patent Law In the world of patents, the effective filing date is a crucial concept that can make or break a patent application. It determines the priority of an invention, which plays a significant role in determining its novelty and whether it can be granted patent protection. Whether you're an inventor, entrepreneur, or patent professional, understanding how effective filing dates work is essential for navigating the complexities of patent law. What is an Effective Filing Date? The effective filing date of a patent application is the date that is used to determine the priority of the application. This date is fundamental because it helps assess whether the invention is novel and free from prior art. If any similar inventions were publicly disclosed before the effective filing date, they may impact the patentability of the invention. Here’s how the effective filing date is defined and determined in different scenarios: 1. Initial Filing Date: The most str...

Understanding Post-dating and Anti-dating in Patent Applications In the realm of intellectual property, particularly patent law, post-dating and anti-dating are crucial concepts that can significantly impact the patent’s priority date and overall protection. These terms refer to manipulating the filing date of a patent application—either by moving it forward (post-dating) or backward (anti-dating). Understanding how these concepts work, both in India and internationally, is essential for patent applicants to ensure compliance and maximize the protection of their inventions. What is Post-dating? Post-dating refers to the practice of changing the filing date of a patent application to a later date. This practice is legal in some jurisdictions under certain conditions, providing flexibility for the applicant to complete their application after the initial filing. In India, post-dating allows applicants to request a later date for the patent filing, typically within six months of the origi...

How the Business Model Canvas Helps You Build a Solid Foundation Starting a business isn’t just about having a great idea—it’s about making sure that idea translates into a sustainable, profitable model. Many startups fail not because of the idea, but because they lack a solid plan to bring it to life. One tool that can change the game for aspiring entrepreneurs is the Business Model Canvas (BMC). Think of the BMC as your roadmap to success, guiding you through every step of building your business. But why is it so important? Let’s dive in. What is the Business Model Canvas (BMC)? The Business Model Canvas is a strategic tool designed to help you outline, visualize, and iterate your business plan on a single page. It strips down the complexity of business planning into nine simple blocks, each representing a key aspect of your startup: Customer Segments Value Propositions Channels Customer Relationships Revenue Streams Key Resources Key Activities Key Partnerships Cost Structure This s...

Understanding Computer-Related Inventions (CRI) in the Indian Patent Landscape In today’s world, technology is evolving rapidly, and innovations in the realm of computer science, software, and hardware integration are becoming increasingly significant. Computer-Related Inventions (CRIs) are a growing segment of patents being filed globally. However, due to the intangible nature of software and algorithms, their patentability raises unique challenges. In India, the examination of CRIs follows a set of established guidelines that help determine whether an invention qualifies for patent protection. In this blog, we will explore the guidelines for examining CRIs, highlight the criteria for patentability, and discuss the evolving perspective on CRIs from an Indian viewpoint. What are Computer-Related Inventions (CRI)? A Computer-Related Invention (CRI) refers to any technological invention that involves the use of computers or computer programs. These inventions often combine hardware and s...

  A Key International Agreement for Biotechnology Patents   In the realm of intellectual property, particularly in the field of biotechnology, patenting can be a complex and intricate process. One of the most significant international agreements that simplifies and standardizes the patenting of biological materials is the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purpose of Patent Procedure. The treaty, which was adopted in 1977 and administered by the World Intellectual Property Organization (WIPO), plays a crucial role in ensuring the protection of biotechnological inventions that involve microorganisms, fungi, and other biological materials.   What is the Budapest Treaty? The Budapest Treaty is an international agreement that provides a framework for the deposit of microorganisms and other biological materials that are essential to the invention being patented. When an inventor creates a biotechnological inventi...

Strict Novelty Provisions and Post-Grant Review    The America Invents Act (AIA), passed in 2011, brought significant changes to the U.S. patent system, including modifications to the novelty provisions and the introduction of new post-grant review mechanisms. The impact of these changes cannot be overstated, as they have reshaped patent practices and litigation in the United States, making it crucial for patent applicants and holders to understand the law's nuances.   The Core of Novelty: What Changed Under the AIA? Under the pre-AIA system, the U.S. followed a "first-to-invent" system, where inventors who could prove they were the first to conceive and reduce to practice an invention were granted the patent. However, the AIA shifted the system to a "first-to-file" approach, aligning the U.S. with the rest of the world’s patent systems.   Novelty Under the AIA The AIA introduced stricter rules for novelty, and today, an inventor must file a patent...

A Story of Love, Legacy, and the Gift of the Mango Tree In every Indian family, there are stories that carry the warmth of tradition, love, and devotion that spans generations. For me, one of those stories centers around my grandfather’s elder sister, whom we lovingly call Santamai. Their bond is cherished not only in memories and family tales but also in the form of a unique, organic mango tree gifted by my grandfather to Santamai. This tree, a symbol of love and legacy, has grown over the years to become a source of joy for our family, providing mangoes as rich in flavor as they are in history.   The Mango Tree: A Gift of Brotherly Love In India, it is said that a tree is the most precious gift one can offer. Unlike material gifts, a tree grows, blossoms, and bears fruit, embodying the ever-growing love between the giver and the receiver. When my grandfather gifted this mango tree to Santamai, it was more than a token of his affection; it was a living reminder of their bo...

   A Guide to Startup Funding for Idea and Prototype Development in India   Introduction   Launching a startup with just an idea can be challenging, particularly when financial resources are limited. Fortunately, in India, several government initiatives provide critical financial support for early-stage entrepreneurs, helping them turn ideas into working prototypes and, eventually, marketable products. Programs like NIDHI PRAYAS, NIDHI Seed Fund, Startup India Seed Fund, and Atal Tinkering Labs support startups at the ideation and prototype stages, providing grants and other resources to fuel innovation and entrepreneurship.   This guide will help you understand each of these schemes, their benefits, and how you can leverage them to kickstart your journey from concept to commercialization.   1. NIDHI PRAYAS What is NIDHI PRAYAS?   The NIDHI (National Initiative for Developing and Harnessing Innovations) PRAYAS program, spearheaded...

  The Lab to Market Journey: Essential Proof Steps for Innovation   Introduction   Moving a product from concept to market is a detailed process requiring verification at several stages. Each proof step ensures that the innovation not only works in principle but is also marketable, scalable, and compliant with industry standards. These steps—Proof of Principle (PoP), Proof of Concept (PoC), Proof of Value (PoV), Proof of Market (PoM), Proof of Prototyping (PoPt), Proof of Regulation (PoR), and Proof of Scaling (PoS)—play vital roles in confirming the readiness of a product for real-world application.   In this guide, we’ll dive into each stage, covering what it entails and why it’s critical in bringing successful products from the lab to market.   1. Proof of Principle (PoP) Proof of Principle is the first stage that tests the core idea for feasibility. It verifies that the basic scientific or technical concept can work, typically through contr...