Understanding the Concept of Destination Branding through Trademark Protection

 The hospitality industry of India has undoubtedly become an exceedingly crucial service provider across the nation. Due to the increase in tourism, the role of restaurants and hotels has also increased. By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. However, there is a risk involved in this scenario – with the brand names of hotels and restaurants becoming popular, other service providers in the industry might misuse this popularity to gain an unfair advantage. Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs), specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

Relationship between Trademark Law & the Hospitality Industry

A trademark refers to any mark capable of being represented graphically, identifying the products or services of one and distinguishing them from those of others in the market. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India. Brands and businesses need to identify the Class under which their products or services fall. The same is done through the Nice Classification of Goods and Services, which, in 2010, added Class 43 for restaurants and hotels. Kindly note that a few services can’t be registered for in Class 43, including arranging travel by tourist agencies, rental services for real estate, preservation services for food and drinks, discotheque services, rest and convalescent homes, and boarding services.

If hotels and restaurants wish to have a more extensive and holistic Trademark Protection in place, they can register their proposed trademarks under other trademark Classes. Doing the same shall help them secure the varied services provided by them. Such trademark Classes include:

• Class 3 – Dealing with cosmetics, essential oils, perfumes, etc.
• Class 16 – Dealing with stationery material, such as office requisites, letterheads, printed matter, etc.
• Class 25 – Dealing with headgear, footwear, and clothing.
• Class 35 – Dealing with office functions, advertising, business administration, and business management.

Trademark for the Taj Mahal Palace Hotel

The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration. It was the first ever hotel to get a trademark registered for its building. The trademark is registered in Class 43 for the image and the Tower Wing Exterior of the Taj Mahal Palace Hotel. Internationally as well, similar trademarks have been filed and registered, such as the Sydney Opera House in Australia, Eiffel Tower in Paris, and Empire State Building in New York.

With the Trademark Registration of the Taj Mahal Palace Hotel’s building, the Indian Hotels Company can undoubtedly ensure protection from:

• Entities that may use the image of the Taj Mahal Palace Hotel for commercial purposes without having adequate authorization
• Entities that may sell products with the image of the Taj Mahal Palace Hotel, which leads to Trademark Infringement

Obtaining trademark protection for the Taj Mahal Palace Hotel is essentially stronger than copyright or industrial design protection since they deal with the commercial and aesthetic value of the property, respectively. Registering the architecture of a hotel as a trademark leads to a landmark, which acts as a source indicator and generates more revenue. Furthermore, in Rock and Roll Hall of Fame and Museum v. Gentile Production, it has been ruled out that for a building to obtain trademark registration, it must create a distinct commercial impression performing the trademark function of identifying the source to the customers.

Understanding the Concept of Destination Branding through Trademark Protection

The hospitality industry has grown immensely with destination branding, thereby finding its significance in tourism. Destination branding refers to the concept of promoting one specific location or place using a tagline or logo. The same is then safeguarded under trademark law.

It acts as an incentive for the consumers or for them to visit the place and enjoy the experience assured by the promoter. The concept as a whole came to the picture in different states and cities of India and worldwide to promote tourism.

For instance, the ‘Incredible India’ campaign was introduced in 2002 in India to promote and advertise the nation’s rich heritage and culture.  The corresponding logo and wordmark got registered as a trademark (to avoid any misuse or misappropriation) in 2007 under Class 39, which deals with packaging, storage of goods, transport, and travel arrangements.

Kindly note that destination branding fails if there is political instability in a region or incompetent implementation of measures for enhancing tourism.

Trademark Protection for Big Hotel Chains and Restaurants 

In India, big hotel chains and restaurants, like Shangri-La, JW Marriott, Radisson, Hyatt, Oberoi, etc., have realized the importance of safeguarding their products and services through Trademark Rights and registered them under various Classes. It may include boarding facilities, accommodation services, clothing items, shampoos, soaps, cosmetics, stationery items, advertising, etc.

Let us take the example of Radisson Hotels International Inc. It has registered several trademarks, including RADISSON BLU, RADISSON RED, RADISSON INDIVIDUALS, and RADISSON MEETINGS, under Class 43. For accommodation services, reservation services, and award programs for customers, the hotel has registered two trademarks, namely RADISSON and RADISSON GOLD AWARDS, under Class 16. Clothing items, such as jackets, shirts, hats, bathrobes, etc., produced under the name of Radisson, have also been trademarked under Class 25. The hotel’s cosmetics, soaps, and shampoos have been registered in Class 3.

Therefore, hotels and restaurants in India should aim for all-inclusive trademark protection. They must look forward to protecting their distinctiveness, brand name, and reputation from the usage of any fraudulent marks.

How is Copyright Protection Applicable to the Indian Music Industry?

 However, are you aware that before playing the famous songs publicly, you need to have all the permissions in place from the makers of such songs? If you fail to do so, you shall end up finding yourself in big trouble like Copyright Infringement. Here in this article, we shall be thoroughly discussing Copyright Protection in the Indian music industry. We shall answer a few questions, including:

• How can you save yourself from receiving a copyright claim?
• Are there provisions in the Indian Copyright Act allowing remixing an old song to a new song?

The term ‘copyright’ combines two words, copy and right; therefore, we can also say that copyright refers to the legitimate and exclusive rights of the individual or entity owning the creative Intellectual Property (IP) assets.

Ian Richard Hargreaves CBE, Emeritus Professor at Cardiff University, Wales, the United Kingdom, has stated that the copyright system can’t be considered appropriate for the present digital age as millions of individuals infringe upon the creative works of others on an everyday basis by simply switching video or audio files from one device to another.

Copyright protection in the music industry gives the producers exclusive legal ownership of creative musical works and recordings. It also includes the exclusive right to distribute, reproduce, and license the copyrighted work to obtain royalties. Kindly note that when lyrics and music are recorded, written on paper, or otherwise placed in a document, the copyright in the creative work is automatically created. The United States Copyright Office has mentioned that once a sound is captured, implying that it must be recorded on a medium that could be sensed, copied, or otherwise transmitted, the master recording is copyright protected in digital tracks, tapes, optical disks, or any other format. However, it is highly advisable to go ahead with copyright registration of your song or musical work. To do the same, you need to ensure that it is tangible, fill out the required copyright application form at the copyright office, and pay the prescribed fee.

Musical Works under the Indian Copyright Act of 1957

Under Section 2(P) of the Indian Copyright Act of 1957 (referred to as Act further in this article), a musical work is defined and is said to include works composed of music containing graphic symbols. An original song is formalized, decorated, modified, and transferred to the original work’s category. You can use sounds to create new musical works by mixing, adding, and deleting some specific aspects of the original song. In India, Bollywood movie songs are loved by everyone. We have listened to the legendary 90s Dheere Dheere Se Meri Zindagi Mein Aana, featuring Rahul Roy and Anu Agarwal, and its remake by Yo Yo Honey Singh. The question that now arises is whether it is legitimate to exploit an artist’s original creative work in this way? In this scenario, the new music or remix is created using audio mixing and adding and subtracting some aspects of the original song.

As per Section 52(1)(j) of the Act, certain uses and modifications of creative works, including sound recordings and music, require obtaining the owner’s consent. It talks about obtaining a legal license to use a copyrighted work in a specific way, provided that the individual or entity (i.e., the licensee) pays the required fee and complies well with the law.

In the case of Gramophone Co v. Super Cassettes, the court held that obtaining the permission of the original owner to use a piece of his creative musical work is necessary. However, in Gramophone Co v. Mars, the court had the opposite opinion. It held that as long as the requirements of Section 52(1)(j) are followed, there might be no instance of copyright infringement and no necessity to obtain the owner’s consent (consent requirement is only for the first recording).

The whole world of music copyright law is undoubtedly complicated; however, it is not that tough to safeguard a piece of musical work and obtain royalties for it. You only need to register your copyright, join the necessary debt collection agency, and pick a distributor. Don’t forget that registering your copyright shall protect your creative work and prevent theft, misuse, and infringement.

What is an Assignment and Licensing of Copyright?

 

What is an Assignment of Copyright?

An assignment is, in spirit, a transfer of ownership, even if it is partial. The copyright owner in an existing work or the future owner of the copyright in a further work may assign to any person the copyright either wholly or partially, either generally or subject to limitation, either for the whole of copyright or any part thereof. In case the assignment of copyright is for any future work, the assignment will take effect only when the work is in an expressed form and not just an idea.

No one has the right to copy, reproduce, sell, or publish an original work without the permission of the creator. It means that only the owner of the copyright can transfer the ownership of the copyright to a third party. Another important thing to note is that with the assignment of a copyright, the assignee shall also enjoy all the rights related to the copyright of the assigned work.

Copyright is a bundle of rights and can be exploited in several ways independently from each other. Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights can be disjointedly assigned for a limited term or perpetually.

An assignment has two objectives:

1. Where an assignee is concerned, it confers on him the right of exploitation of work for a specified period in the specified territory; and;
2. For the assignor, it confers on him the right to receive a royalty on the work assigned.

Mode of Assignment of Copyright

The owner of the copyright in the existing or future work may assign it to any person. It can be assigned either wholly or partially and with or without limitation on the whole or any part of the copyright. Assignment of copyright in any work shall not be valid unless it is in writing and signed by the assignor or by his authorized agent. Oral assignment of copyright is usually neither permissible nor valid. It shall identify the work and specify the rights assigned, the duration, the territorial extent of such assignment, and the amount of royalty payable to the author.

Difference between Assignment and Licensing of Copyright

Copyright license and assignment of copyright are two dissimilar terms that cannot be used interchangeably. Each of them is different in its own way. A license provides approval of an act, and without it, the authorization would amount to infringement. Licensing usually involves authorizing some of the rights out of many. It can either be exclusive or non-exclusive. In the case of assignment, it includes the disposal of the copyright, which in simple terms means the assignor assigns the copyright to another person or the transfer of ownership of the copyright to some other person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and the ownership is not transferred to the licensee. A license does not confer any right to the licensee against a third party or licensor, but an exclusive licensee has substantial rights against the licensor and even a right to sue the licensor.

A licensee also has the right to make amendments provided that his license does not restrict that right. In case there is a failure in paying the royalties, the licensor can revoke the license. When it comes to the assignment, the same is not possible. However, if there is anything harsh that can affect the author, it may lead to revocation in the event of a complaint made to the copyright board.

A copyright license, unlike a copyright assignment, needs to be in writing. It can be oral or implied after considering all the facts and circumstances relating to the transaction between the owner of the copyright and the licensee. Thus, if an individual who is the owner of a copyrighted work thinks about assigning the copyright, he can consider licensing his copyright instead of assigning it. It would help in retaining ownership, thereby licensing only certain rights to another party.

Essential Features of a Copyright Assignment Agreement

• The assignment must specify the amount of copyright. The creator shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright, subject to certain conditions.
• The ownership may be assigned either wholly or partially.
• The assignment should also specify the duration.
• The territorial extent of such assignment should be specified.
• The assignment shall be subject to revision, extension, or termination on terms mutually agreed upon by the parties.
• The creator is entitled to subsequent royalties in the course of future exploitation of a work.
• The assignee has the rights of translation, abridgment, adaptation, and dramatic and filmmaking in the work after obtaining the rights via assignment deed.

The main objective of the assignment process is to give financial and distribution benefits to the original work. Copyright assignment can prove to be a necessity in this world as it may lead to enhancing the potential of the original work by reaching several individuals as they may add their creativity to the original work. However, the practicality of copyright assignment has been controversial on several occasions due to the increasing number of Copyright Infringement cases.

India - Trademark Protection for the Hospitality Industry

The hospitality industry of India has undoubtedly become an exceedingly crucial service provider across the nation. Due to the increase in tourism, the role of restaurants and hotels has also increased. By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. However, there is a risk involved in this scenario – with the brand names of hotels and restaurants becoming popular, other service providers in the industry might misuse this popularity to gain an unfair advantage. Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs), specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

Relationship between Trademark Law & the Hospitality Industry

A trademark refers to any mark capable of being represented graphically, identifying the products or services of one and distinguishing them from those of others in the market. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India. Brands and businesses need to identify the Class under which their products or services fall. The same is done through the Nice Classification of Goods and Services, which, in 2010, added Class 43 for restaurants and hotels. Kindly note that a few services can’t be registered for in Class 43, including arranging travel by tourist agencies, rental services for real estate, preservation services for food and drinks, discotheque services, rest and convalescent homes, and boarding services.

If hotels and restaurants wish to have a more extensive and holistic Trademark Protection in place, they can register their proposed trademarks under other trademark Classes. Doing the same shall help them secure the varied services provided by them. Such trademark Classes include:

• Class 3 – Dealing with cosmetics, essential oils, perfumes, etc.
• Class 16 – Dealing with stationery material, such as office requisites, letterheads, printed matter, etc.
• Class 25 – Dealing with headgear, footwear, and clothing.
• Class 35 – Dealing with office functions, advertising, business administration, and business management.

Trademark for the Taj Mahal Palace Hotel

The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration. It was the first ever hotel to get a trademark registered for its building. The trademark is registered in Class 43 for the image and the Tower Wing Exterior of the Taj Mahal Palace Hotel. Internationally as well, similar trademarks have been filed and registered, such as the Sydney Opera House in Australia, Eiffel Tower in Paris, and Empire State Building in New York.

With the Trademark Registration of the Taj Mahal Palace Hotel’s building, the Indian Hotels Company can undoubtedly ensure protection from:

• Entities that may use the image of the Taj Mahal Palace Hotel for commercial purposes without having adequate authorization
• Entities that may sell products with the image of the Taj Mahal Palace Hotel, which leads to Trademark Infringement

Obtaining trademark protection for the Taj Mahal Palace Hotel is essentially stronger than copyright or industrial design protection since they deal with the commercial and aesthetic value of the property, respectively. Registering the architecture of a hotel as a trademark leads to a landmark, which acts as a source indicator and generates more revenue. Furthermore, in Rock and Roll Hall of Fame and Museum v. Gentile Production, it has been ruled out that for a building to obtain trademark registration, it must create a distinct commercial impression performing the trademark function of identifying the source to the customers.

Understanding the Concept of Destination Branding through Trademark Protection

The hospitality industry has grown immensely with destination branding, thereby finding its significance in tourism. Destination branding refers to the concept of promoting one specific location or place using a tagline or logo. The same is then safeguarded under trademark law.

It acts as an incentive for the consumers or for them to visit the place and enjoy the experience assured by the promoter. The concept as a whole came to the picture in different states and cities of India and worldwide to promote tourism.

For instance, the ‘Incredible India’ campaign was introduced in 2002 in India to promote and advertise the nation’s rich heritage and culture.  The corresponding logo and wordmark got registered as a trademark (to avoid any misuse or misappropriation) in 2007 under Class 39, which deals with packaging, storage of goods, transport, and travel arrangements.

Kindly note that destination branding fails if there is political instability in a region or incompetent implementation of measures for enhancing tourism.

Trademark Protection for Big Hotel Chains and Restaurants 

In India, big hotel chains and restaurants, like Shangri-La, JW Marriott, Radisson, Hyatt, Oberoi, etc., have realized the importance of safeguarding their products and services through Trademark Rights and registered them under various Classes. It may include boarding facilities, accommodation services, clothing items, shampoos, soaps, cosmetics, stationery items, advertising, etc.

Let us take the example of Radisson Hotels International Inc. It has registered several trademarks, including RADISSON BLU, RADISSON RED, RADISSON INDIVIDUALS, and RADISSON MEETINGS, under Class 43. For accommodation services, reservation services, and award programs for customers, the hotel has registered two trademarks, namely RADISSON and RADISSON GOLD AWARDS, under Class 16. Clothing items, such as jackets, shirts, hats, bathrobes, etc., produced under the name of Radisson, have also been trademarked under Class 25. The hotel’s cosmetics, soaps, and shampoos have been registered in Class 3.

Therefore, hotels and restaurants in India should aim for all-inclusive trademark protection. They must look forward to protecting their distinctiveness, brand name, and reputation from the usage of any fraudulent marks.

How to Create the Perfect Logo for Trademark Registration?

 Hiring a professional logo designer can be a good idea if you have all the required resources. This article shall assist you in creating the perfect logo for Trademark Registration because although the task appears simple, it isn't as per the field experts. If you are committed to fulfilling this task on your own, we have got you covered.

So, go through the article to start your logo creation journey and succeed in expressing your company's visual recognition vividly.

Why Does the Logo for Trademark Registration Need to be Perfect?

Customers generally get attracted to brands and businesses having something unique to offer them based on value. It is because we have multiple options to choose from in the ongoing era. Therefore, our conscious mind wants to settle for the best possible solution. Consequently, it becomes essential for brand and business owners to give due importance to the logos of their brands or companies.

Creating the best possible logo shall ignite the interest of your already existing and potential customers and even initiate a stream of curiosity amongst them concerning the true essence of your brand or business. A logo casts an enormous impact and influence on entities and people coming to know about your venture for the first time. The overall design of a logo conveys a message concerning your offerings, which, in turn, assists the buyers in making the right buying decisions.

Understanding the Role of a Logo in Describing the Brand or Business

As you move further in your journey of logo creation, it is imperative to be crystal clear and focused as to how you would want to reveal the personality of your brand or business to its customer base. To achieve the same, you first need to figure out the core offerings of your brand or business. As a brand or business owner, your job becomes pretty easy when you grab the idea of what enables you to market your brand or business as a unique venture. After doing the same, multiple design ideas pop up in your mind that shall help connect all dots and complement the contribution of your brand or business to the community.

To achieve the bottom line concerning the personality of your brand or business, you must have the answers to the questions listed below:

• Why did the idea of your brand or business take off in the first place?
• What are the virtues of your brand or business company?
• What sets you apart from your competitors in the industry?
• If someone asks you to describe your brand or business using three words, what would they be and why?
• What is your USP?
• How would you want your customers to define your brand or business?

What Should a Logo Suggest?

If we start thinking about widely recognized logos, the first two-three examples coming across our minds would include the classic McDonald's logo with the 'M' initial written over a red background or the popular Apple Inc. logo depicting the apple fruit with a bite-sized portion missing from it. These are two classic examples; however, we can refer to a plethora of others.

A logo comprises a symbol or design representing the identity of your brand or business. People easily identify the brand or business offerings after some time of conceptualizing the logo. In straightforward terms, a logo becomes the face of any business or brand over time. It helps a business company or brand to stand apart from its competitors in the market and provides the target audience with a fresh vibe. It won't be wrong to admit that a brand or business owner gets a terrific opportunity to make a statement for his brand or business company by creating a visually appealing and compelling logo.

Let us take into account another example of the e-commerce giant Amazon. It has a smiley sign below the word Amazon, which signifies that customers are bound to get everything on the online platform that too effortlessly, which shall eventually lead to a satisfied and happy customer base. Therefore, we can say that the smiley sign is justified. All in all, a logo undoubtedly plays a significant role in conveying the message of a brand or business.

Important Aspects to Keep in Mind While Creating a Logo

The first step involves brainstorming all possible options. Concepts and ideas thoughtfully coming across our minds should be recorded well on paper or digital devices - no matter how bad they are, since we always have the option of removing them at some later stage. Remember not to neglect any idea or concept seeming ridiculous in the first place, as some of them may hold the potential to strike an engaging debate, consequently leading to brilliant results.

After following the step mentioned above, the next one involves taking into consideration the psychology of your target audience. To begin with the same, you must jot down the words you would want your potential customers to use in the future to refer to your brand or business. To perform this step accurately, you require stepping into the shoes of your potential customers.

The last step involves the active and dedicated participation of all the team members. Sincere efforts must be put in to accomplish an outcome. Employees from different departments, including marketing, HR, accounting, sales, etc., can participate well in communicating their ideas. Don't forget that more perspectives combined together offer the best possible results.

Incorporating the Logo Design

The finalized logo must form the basis of all the marketing campaigns, specifically for usage on all the branding elements associated with your brand or business, including business cards, packaging items, official website designs, themes, etc.

You must, at this stage, decide upon your logo's color palette, font, final outlook, etc. To achieve the same, you may also consider hiring a professional designer. Once such things are done, your brand or business shall have a fresh look to offer the entire world.

 

Can a Provisional Patent be Licensed in India?

 Patent Rights are exclusive rights granted by the concerned government authority or Patent Office to the inventor of a novel and original innovation, essentially providing a technical solution to an existing problem. Other than the inventor owning the exclusive patent rights, any other individual or entity is forbidden from manufacturing, distributing, selling, importing, or monetizing the patented invention.

However, with due authorization sanctioned by the rightful patent owner, a third party is allowed to manufacture, distribute, sell, import, or monetize a patented invention - and this process is called Patent Licensing. In simple terms, it refers to permitting some third party to extract benefits from a patented innovation by its proprietor. The third party involved, in return, has to pay a stipulated amount, as agreed upon by both parties, also called the royalty fee, to the patent proprietor. Consequently, the third party obtains the license to manufacture, distribute, sell, import, or monetize the patented invention in exchange for a royalty fee.

As mandated by the Patents Act of 1970, the terms and conditions of a patent license are to be duly written and signed over an agreement or contract. The owner of the patented invention is the licensor, and the third party to whom it gets licensed is the licensee. The patent license agreement usually mentions the duration the licensee can enjoy the patented invention.

Licensing a Provisional Patent

Although a patent owner would be willing to use and commercialize his patented invention for personal benefits, it is common to license it out to another individual or entity in exchange for a royalty fee. Patent licensing is carried out legally through a licensing agreement or contract with specific terms and conditions based on the consensus of the parties involved. Although patent licensing agreements are drafted after the invention has been patented, the question of whether or not a provisional patent can be licensed is pretty striking. The simple answer to the said question is a yes. Licensing out a provisional patent is possible. However, whether licensing out a provisional patent can be profitable to the parties involved might vary from one case to another.

There are no stringent timelines in India that can be adhered to when we talk about patenting an invention; it might take around 03 years or so. Or if the inventor decides to file through the expedited route, it might take at least 1.5 to 02 years to get an invention patented.

In many circumstances, the back-to-back office actions and the delay in filing responses by the inventors lead to severe backlogs. Therefore, it makes sense for the patent applicant or inventor to try every possible way of commercializing the invention while it is still with the concerned authorities or patent office awaiting its fate.

 

After filing the provisional patent application, the applicant or inventor attaches the tag of 'Patent Pending' to the product and starts commercializing it. Doing the same helps notify other competitors that the product can't be infringed upon and that it shall soon be patented.

Provisional Patent Application for Products

Why should licensing products not be possible if marketing the products after filing the provisional patent application is possible? The onus in this scenario is on the patent applicant or the prospective owner to convince the licensee that Patent Protection over the product shall be obtained soon and that the product is worth the royalty even before the patent gets granted.

It is imperative to note that the chances of licensing a provisional patent are pretty high when the patent applicant has a prototype, if not the real product. Furthermore, the fact that a provisional specification in itself doesn't constitute a patent must be remembered.

There might be a situation where the patent might get rejected, and it should be taken into consideration while drafting the patent licensing agreement based on the provisional patent application. In such circumstances, the obligation of the licensee to pay the royalty ceases.

Another way the patent applicants can license a provisional patent application successfully, without being affected by the drawback mentioned above, is by giving the licensee access to the technical know-how and trade secret of the invention while stating that a patent would only be an added advantage to the other two, i.e., the technical know-how and trade secret.

The patent licensing opportunities of a provisional patent undoubtedly depend on the value of the invention in question. Moreover, an invention can be licensed as a trade secret before filing a provisional patent application.

While a provisional patent application can be licensed, one has to keep in mind that it is not a patent per se. Therefore, the patent applicant has to draft the provisional application in harmony with the patent claims that shall eventually be drafted in the full patent specification.

Tips & Tactics to Ensure the Success of Your Patent Application Process

 The process of obtaining Patent Protection by filing a Patent Application may involve multiple obstacles, many of which may lead to the application being rejected. These may be because of a lack of research to support the patentability requirements or from the poor communication abilities of the patent applicant, leading to confusing arguments for the innovation's validity. Irrespective of different circumstances, let us discuss a few tips and tactics to ensure the complete success of your patent application procedure.

 

1.Ensure the Patentability of Your Innovation

You must verify beforehand whether your innovation or invention qualifies for obtaining patent protection. In the scenario where some other inventor or innovator has already invented or innovated the same thing, you would lose your individuality at the beginning. It would undoubtedly be a sheer waste of time, money, and effort to go through the entire patent application process. There are many resources available online for performing a Patent Search. Many law firms specializing in Patent Law can also help you verify your patentability criteria in a better manner.

2.Set Up Your Budget

The patent application filing process is a pretty expensive affair. It is always better to set up your budget well in advance to avoid any discontinuation in the middle of the patent application process. The high costs are because of the government processing and legal assistance charges. For instance, the patent professionals and attorneys would charge you to determine the patentability of your invention or innovation and for drafting the patent application. Furthermore, there are filing fees and examination fees for patent applications. Therefore, it is highly recommended that you set up a budget on time for your overall process.

3.Create a Timeline

Obtaining patent protection after filing the patent application is a time taking task. As per the patent experts in the industry, you may require waiting 02 to 03 years to get your hands on a fully working patented invention or innovation. The patent experts, therefore, suggest creating or establishing a patent timeline at the beginning to meet the due dates for every phase in the process.

Moreover, the earlier you start, the better it will be, as procrastination may lead to a comparable invention or innovation being launched by another inventor and safeguarded by a patent before you would be able to execute it in the market.

4.Document Every Single Detail Minutely

You must work as hard and sincerely as you can on the patent draft to ensure that you don't overlook even a minute detail in your patent later on. Always have your invention's written, audio, and visual documentation in place. Time-stamped files in soft and hard copies will be the icing on the cake. Such aspects shall help build your authority in the patent application process. The records shall help establish the chronological history of your innovation in the event that another innovator demonstrates a similar innovation at the same time as you do.

5.File a Provisional Patent Application before the Actual Patent Application

If you are unable to fulfill the requirements of time, money, and effort for getting your invention patented in its first version, you may consider filing a provisional patent application. Filing a provisional patent application is a time-saving and cost-effective solution to safeguard your innovation from theft or violation. It gives you 01 year to collect all the necessary and essential resources to file the actual patent application.

Any invention protected by filing a provisional patent application is given the tag of "pending for a patent." It implies that even though your invention isn't fully patented yet, the patent law still protects your ownership of it.

6.Create a Prototype

The government authorities or Patent Office will require a detailed explanation of the invention you wish to protect when you submit a patent application. The patent officer in charge will also question you to evaluate your confidence in your invention's development. Creating a working prototype for your invention is one of the best ways to demonstrate it properly.

The prototype refers to the model of the original invention and should be capable of imitating it. Consequently, a working prototype shall convince the concerned authorities that the concept is unique in its industry. It is also imperative to attach a written explanation of every element of the invention and how it works with the prototype.

7.Seek Assistance from Professionals

Sometimes a patent application gets rejected just because the filer or inventor couldn't explain the purpose of his invention effectively. In this scenario, seeking assistance from patent professionals can save you. The most critical aspect of a successful patent application is choosing the right Patent Attorney who is well acquainted with your invention, its underlying technology, its business point of view, and your short-term and long-term goals. Hiring a Patent Lawyer with the required training and expertise shall lay the groundwork for effective communication to explain your invention appropriately.