What is Copyright?

Copyright is a type of intellectual property law that protects original works of authorship. It gives the creator of a work the exclusive right to control how it is used, including the right to:

• Reproduce the work (make copies)
• Distribute the work (sell, rent, or lend it)
• Create derivative works (adapt or modify them)
• Perform the work publicly (play, display, or recite it)
• Display the work publicly (exhibit it)

• Copyright protection automatically applies to an original work as soon as it is fixed in a tangible form, such as written down on paper, recorded on audio or video, or saved as a computer file. Registration with the copyright office is not required, but it provides additional benefits, such as the ability to sue for copyright infringement in court.

Define Original Work

An original work is independently created by the author and possesses a minimal degree of creativity. It does not need to be novel or unique, but it must be more than a copy of someone else’s work. Examples of original works include:

• Literary works: books, articles, poems, plays, screenplays
• Musical works: songs, compositions, recordings
• Artistic works: paintings, sculptures, photographs, drawings, architectural works
• Dramatic results: plays, screenplays, choreography
• Sound recordings: music, audiobooks, podcasts
• Motion pictures: films, videos
• Software: computer programs, apps

Eligibility for Copyright Registration in India

To be eligible for copyright registration in India, a work must meet the following criteria:

1. Originality:The work must be original, meaning it must be the result of the author’s independent creative effort and not a mere copy of someone else’s work.
2. Tangible Form:The work must be fixed in a tangible form, such as written down on paper, recorded on audio or video, or saved as a computer file.
3. Eligible Work Categories::The work must fall within one of the categories of works protected by copyright law in India, which include:

• Literary works (books, articles, poems, plays, etc.)
• Dramatic works (plays, screenplays, choreography, etc.)
• Musical works (songs, compositions, recordings, etc.)
• Artistic works (paintings, sculptures, photographs, drawings, architectural works, etc.)
• Cinematographic films
• Sound recordings
• Software

Documents Required for Copyright Registration in India

Artistic Works:

• Application Form: Duly filled and signed application form.
• NOC from Artist: If the work is commissioned, a No Objection Certificate (NOC) from the artist may be required.
• Authorship Declaration: A declaration stating the authorship of the artistic work.

Cinematograph Film:

• Application Form: Completed and signed application form.
• NOC from Scriptwriter and Music Composer: If different from the filmmaker, a No Objection Certificate from the scriptwriter and music composer.
• Details of Film: Synopsis, dialogue, and music details.

Music:

• Application Form: Duly filled and signed application form.
• Sheet Music or Notation: Sheet music or musical notation of the composition.
• NOC from Lyricist and Composer: If different from the copyright applicant, a No Objection Certificate from the lyricist and composer.

Literary/Dramatic Works:

• Application Form: Completed and signed application form.
• Manuscript or Copy of Work: A copy or manuscript of the literary or dramatic work.
• NOC from Publisher: If the work is published, a No Objection Certificate from the publisher may be required.

Sound Recording:

• Application Form: Duly filled and signed application form.
• Copy of Sound Recording: A copy of the sound recording for which copyright protection is sought.
• NOC from Producer: A No Objection Certificate from the producer, if applicable.

Copyright Registration Process in India

Here’s a step-by-step process for registering your copyright in India:

File an Application:

• Obtain Form XIV from the Copyright Office website or local office.
• Fill in details about your work, ownership claims, and contact information.
• Attach required documents (soft copies of the work, payment proof, NOCs if needed).
• Submit the application online or physically at the Copyright Office.

Pay the Fee:

• Pay the applicable fee (varies based on work type) through an online payment gateway or demand draft.

Submit Copies of Your Work:

• For online applications, upload soft copies in specified formats (PDF, MP3, MP4, etc.).
• For physical applications, send copies to the Copyright Office.

Examination:

• The Copyright Office examines your application for completeness and compliance.
• If deficiencies are found, you’ll be notified to rectify them.

Registration:

• If approved, your work is registered, and you receive a Certificate of Registration.
• The registration is valid for the author’s lifetime plus 60 years.

Copyright Objection

Grounds for Objection:

• Applicant is not the rightful owner of the copyright.
• Work is not original or does not qualify for copyright protection.
• The application contains false or misleading information.
• Other valid grounds based on copyright law.

Procedure:

• Objection must be filed in writing with the Copyright Office.
• Objectors must provide evidence to support their claims.
• A hearing is scheduled to adjudicate the objection.
• Copyright Office issues a final decision after the hearing.

What is Patent Registration?

Patent Registration is the process of obtaining legal protection for new inventions or discoveries. A patent grants the inventor exclusive rights to make, use, and sell the invention for a specified period, preventing others from exploiting the patented technology without permission.

What is a Patent?

A patent provides an individual or a business with rights to protect their invention from illegal importing, producing or selling of the product without the permission of the patent holder. To protect their innovative ideas from being taken advantage of, inventors often choose to file for a patent. Filing a patent in India is a legally complex process and it is time consuming. Fortunately, we offers a hassle-free solution for patent registration, allowing inventors to complete their registration quickly and efficiently.

What Can Be Patented in India?

Registration of Patent in India allows inventions related to products, processes, and methods to be patented. This includes but is not limited to chemicals, drugs, pharmaceuticals, software and other latest improvements to the existing innovations. However, the invention must be novel, non-obvious, and have industrial applicability.

Forms Required to be Filed for Patent Registration Application

For the registration of patent in India the following forms must be submitted to the Indian patent office:

• Form 1: This is the application form for the grant of a patent and includes details of the applicant, the invention, and its claims
• Form 2: This form is used to furnish the details of the priority application filed by the applicant, if any
• Form 3: This form is used to furnish the details of the inventors of the patent
• Form 5: It is used to furnish the details of the government undertaking, if any, to which the patent is to be assigned
• Form 26: This form is used to furnish the details of the exclusive marketing rights, if any, claimed by the applicant.

Rules to keep in mind while filing the patent application

The following are some of the rules to keep in mind while filing the patent application:

• The patent application must be filed with the Indian Patent Office.
• The patent application must be filed in the name of the inventor(s).
• The patent application must be complete and accurate.
• The patent application must be accompanied by the prescribed fees.

Steps: Patent Registration Process

The process of patent registration in India involves the following steps:

• Step 1: File the patent registration application with all the needed documents
• Step 2: After the application is filed, it is published in the official journal, which is available to the public
• Step 3: Submit a request for the patent application’s evaluation. The patent office will review the application after receiving the request for examination and issue a report on the invention’s patentability
• Step 4: If the patent office is satisfied with the patentability of the invention, it will grant the patent to the applicant.

Eligibility Criteria for Patent Register

For completing the patent registration process following eligibility criteria has to be fulfilled in order to file for a registration of patent in India

• Be the inventor or owner of the invention 
• The invention must be new 
• The invention should not be published in the public 
• The applicant must provide a detailed description and specifications of the invention.

Documents for Filing Patent Registration Application

The following documents are to be submitted along with a patent registration application:

• A complete specification of the invention, including the details of how it works and its applications 
• A provisional application for the patent 
• A declaration of inventorship and ownership of the invention 
• Drawings and diagrams of the invention, if applicable 
• Details of the applicant or owner of the invention.

Why Copyright & Patent Registration are Essential

• Legal Protection: Secure your intellectual property rights and prevent unauthorized use or infringement of your creative works and inventions.
• Market Advantage: Gain a competitive edge by establishing exclusive rights to your intellectual property, enhancing your market position.
• Monetization: Enable licensing and commercialization opportunities for your works and inventions, generating revenue and leveraging your intellectual assets.
• Legal Recourse: Obtain the ability to enforce your rights and pursue legal action in case of infringement or unauthorized use.

Our Copyright Registration Services

1. Work Assessment: Evaluate your original works to determine the appropriate type of copyright protection and registration.
2. Application Preparation: Prepare and file the copyright application with the relevant authorities, including the necessary documentation and details.
3. Registration Processing: Handle all aspects of the registration process, ensuring compliance with copyright laws and addressing any issues that arise.
4. Rights Management: Assist with the management and enforcement of your copyright rights, including monitoring for potential infringements.
5. Renewals and Updates: Manage renewals and updates to ensure ongoing protection of your copyrighted works.

Our Patent Registration Services

1. Invention Evaluation: Assess your invention for patentability, including novelty, non-obviousness, and industrial applicability.
2. Patent Search: Conduct thorough patent searches to identify prior art and ensure your invention is unique and patentable.
3. Application Drafting: Prepare and file the patent application, including detailed descriptions, claims, and technical drawings.
4. Application Processing: Manage the patent examination process, respond to office actions, and address any objections or issues from the patent office.
5. Patent Monitoring: Monitor the patent landscape for potential infringements and manage enforcement actions as needed.
6. Maintenance and Renewals: Oversee the maintenance of your patent, including payment of renewal fees and updates to ensure continued protection.

Distinguishing Between Patents, Copyrights, and Trademarks

In the realm of intellectual property (IP), patents, copyrights, and trademarks serve distinct purposes, each providing a unique form of protection for different types of creations and assets. Understanding these differences is crucial for effectively managing and leveraging intellectual property. Below is a professional distinction between patents, copyrights, and trademarks:

Patents

Purpose: Patents are designed to protect inventions and technological innovations. They grant inventors exclusive rights to their creations, preventing others from making, using, or selling the patented invention without permission.

Scope of Protection: Patents cover new and useful inventions, which can include processes, machines, articles of manufacture, or compositions of matter. The protection is specific to the functional and novel aspects of the invention.

Duration: Patents typically last for 20 years from the filing date of the application, subject to payment of maintenance fees. After this period, the patented invention enters the public domain.

Requirements: To obtain a patent, an invention must meet the criteria of novelty, non-obviousness, and utility. The invention must be new, not obvious to someone skilled in the field, and useful.

Examples:

• A new pharmaceutical drug formulation.
• An innovative mechanical device or machine.
• A unique method for manufacturing a product.

Copyrights

Purpose: Copyrights are intended to protect original works of authorship, including literary, musical, and artistic creations. They grant authors exclusive rights to reproduce, distribute, perform, display, and create derivative works based on their creations.

Scope of Protection: Copyright covers the expression of ideas rather than the ideas themselves. This includes the specific form in which an idea is expressed, such as a novel, a piece of music, or a painting.

Duration: For works created after January 1, 1978, copyright protection lasts for the life of the author plus 70 years. For works created by multiple authors, protection lasts for 70 years after the death of the last surviving author. Works created for hire, anonymous works, and pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter.

Requirements: The work must be original and fixed in a tangible form, such as a written manuscript, recorded performance, or digital file. Copyright protection is automatic upon creation but can be enhanced through formal registration.

Examples:

• A novel or short story.
• An original song or musical composition.
• A film or painting.

Trademarks

Purpose: Trademarks are used to protect symbols, words, phrases, logos, or designs that distinguish the goods or services of one business from those of others. They ensure that consumers can identify and differentiate products or services based on brand identity.

Scope of Protection: Trademarks protect brand identifiers and prevent others from using similar marks that could cause confusion among consumers. The focus is on brand identity rather than functional or creative aspects.

Duration: Trademark protection can potentially last indefinitely, as long as the mark is used in commerce and renewal fees are paid periodically. Unlike patents and copyrights, trademarks do not have a fixed term of protection.

Requirements: To obtain trademark protection, the mark must be distinctive, used in commerce, and not likely to cause confusion with existing marks. Registration with the relevant trademark office enhances protection and provides legal presumptions of ownership.