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How to prevent a case of patent litigation in India?

Author: Komal Khurana
by Komal Khurana
Posted: Dec 20, 2016
intellectual propert

When a company or an individual think of protecting their intellectual property, the first thing that strikes the mind is getting a patent or trade mark registered and get a copyright protected. If you fail in doing so, you may face a lot of issues later, say for example – you may land up in the situation of a patent litigation.

A scenario of patent litigation occurs when a person holding the right to a patent enforces their rights against someone who is using or creating the invention without the permission or consent of the person who owns it. In such scenarios, when one person sues over the rights of a patent, the other party counter sues, claiming the patent is invalid. According to experts dealing with IP litigation in India, there can be several ways patent can be declared invalid. For instance, if it was not original or different from all prior products or methods, then a patent can be declared invalid. Litigation of patent occurs if the item or the idea has been described in a published document or it has been used for over a year before the application was filed.

To make sure you do not fall in any type of litigation or issues, you should consider how to protect your intellectual property in the best possible manner. Remember, not every good idea is patentable. Before investing a tremendous amount of work, money in starting the process of obtaining a patent in India or any other country, understand the patentable features of your idea or invention. Protection of intellectual property will protect you, your brand. Your name, the unique words, the unique design, verbal and visual messages that represent your company will be protected.

It is always wise to take professional help for securing your intellectual property. They have the knowledge and expertise to help you in filing a patent in India or anywhere else. They can also help in registration of a trademark or get a copyright protection. Right from conducting a search, understating your idea or invention to processing and management, they will help you at every step. They will always help you if you are stuck in patent litigation in India. Let a professional intellectual property firm’s experience and insights work for you in protecting your intellectual property. You will have the peace of mind you are in safe hands. Just you need to make sure you are choosing an experienced company for assisting you.

About the Author

Our team of IP Attorneys/Practitioners, having the high level of technical and legal competence, gives us the right competitive edge and positioning, as a law firm focused on creating immense IP value for our clients.

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Author: Komal Khurana

Komal Khurana

Member since: Sep 29, 2016
Published articles: 1

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