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Who are the best IP (intellectual property) lawyers or law firms in India?

Who can assess the Indian IP firms that are locked in principally in recording public stage applications by non-Indian elements. These public stage applications comprise 85-90% of all out India applications and start from PCT applications documented by non-Indian elements in far off nations. This work is mechanical in nature. Indian elements/designers by and large set up the patent applications in-house. These applications are instant applications. I presume not many IP firms to have the right stuff to decide the patentability evaluations on the development revelations made by the designers. Each IP firm appears to be certain about dealing with suits. To name a few well established law firms there are Delhi IP based in New Delhi, Lexorbis , Zeus IP etc.

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Footnotes

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Delhi IP | Best Intellectual Property (IP) Law Firms in New Delhi, Mumbai, Kolkata, Chennai, India | Patents, Designs, Trademarks, Copyrights, Technology Transfer, IP Commercialization, IP Enforcement, IP Litigation | Delhi IP

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When a Patented product or process is used by someone without the permission of the owner of the Patent then that is considered as direct infringement. This is the most common type of infringement. Indirect infringement happens when someone uses a patented product or process by changing one or more non-essential elements mentioned in the claims without the permission of the owner. In these cases, the copying of the product or process might not be literal but they provide the same effect which ultimately defeats the purpose of granting the patent rights in the first plac

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Patent “invalidity” / “validity” searches are conducted to either validate the claims made by the applicant in a patent application or to invalidate one or more claims of a competitor’s patent. These searches are identical in nature except for the desired outcomes. Patent offices around the world sometimes make mistakes in granting a patent by overlooking “prior art”.  An invalidity search will determine whether or not an existing patent was granted correctly.

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A Freedom to Operate (FTO) is a type of Patent Search which is carried out to ascertain whether a product, process or service is violating or infringing on any existing patents. Huge amounts of money is invested by research organizations in developing their inventions and securing patent rights in their respect only to find out later that the resultant technology they were developing is already in existence.

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As per Indian Trademark law, an exclusive legal right for use of the mark is given to the owner of the Trademark. Under the trademark law there are many types of trademarks that a person can apply for. The documents required and official filing fee varies as per the specifications

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Trademark, basically, is a phrase, word or symbol owned by a person or a company to represent the goods or services that are offered by him. Though There are many kinds of trademark such as word mark, collective mark, sound mark, they all are used for the same purpose i.e., to help consumers to identify the goods and services of a particular person or organization.

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Trademark infringement is defined under section 29 of the Trademarks Act, 1999. As per this section, infringement of a trademark is basically unauthorized usage of the mark which is similar or identical to the mark which has been already registered by another person in a similar trade or business.

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A patent examination is a process in which the examiner examines the patent application of the applicant. This is a crucial step for getting a grant for the patent. The applicant has to apply for the examination of the patent within 48 months from the priority date or from the date of filing of the application, whichever is earlier.

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Trademark Classification is the classification of goods and services into different classes. The person/organization has to register the mark in one of the classes in which that person/organization’s goods or services fall. Section 13 of the Trademarks Act, 1999, provides that the registrar shall classify the goods and services in different classes according to the International Classification of Goods and Services to register trademarks.

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As per the Trademark registration process, after filing the application for the trademark with the Trademark office, the trademark application gets examined by the examiner. The examination of the trademark application is conducted within the period of 2-4 months of filing date. After the examination the examiner can raise objections in relation to the application if he/she is of the opinion that the application contains some kind of error or may propose that the Trademark should be registered only subject to some conditions, limitations or divisions.

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A Trademark licensing is a practice by which a Trademark owner (the “licensor”) permits a third party (“the “licensee”) to use its Trademark and the third party uses that mark in connection with specific products or services.  Though the assignment and licensing may seem somewhat similar, they are actually very much different from each other.

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Compulsory licensing is a process in which government grants license to someone else to produce a patented product or process without the consent of the owner of the patent or decides to use the patent-protected invention itself.

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Patent of addition is a patent given for improvement of patented invention. Basically, when we get a patent for an invention there remains a scope in that invention for improvement and modification. Click on banner above to know more ^

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When a patent is granted, it’s not always the case that the patent will remain unopposed by any third party till the lifetime of patent. The patent may be challenged by certain people and the method to challenge the patent is by way of filing a revocation petition. Revocation of patent basically means cancellation of rights granted to the owner of the patent. Click the banner above to read more more ^

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Patent specification is a legal document which describes the invention and best method of performing it. It should be made in an ordinary language so that person skilled in the art can easily practice the invention. It is given along with the application for patent.

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In India the patent is granted for a period of 20 years. During this period the applicant has to pay renewal fees to the controller of the patent every year starting from 2nd year of the term for renewal of patent.