Design
The legal system in India is well equipped with different legislations and rules for protecting and enforcing IP rights in the country. This landscape is constantly expanding in response to the wide use of different kinds of IP across businesses and enterprises. In 2021, India became the sixth-largest receiving office for national patent applications and the fourth-largest receiving office of trademark applications, in the world. These numbers continue to grow and are also reflected in the use of IP framework on copyright and design protection. Our IP practice is led by a team of highly experienced techno-legal experts, with a notable track record of assisting clients in protecting and enforcing their rights over IP creation. We support our clients in all kinds of challenges relating to IP, ranging from its conceptualization to its formation, followed by its registration and enforcement.
Sub Offerings
All creations of mind resulting in inventions are dealt with by the patenting framework of the nation governed by the Patent Act, 1970. Due to the highly competitive business environment in the market, it is vital to protect innovative creations and to prevent infringers from using the patented technology for their commercial gains arising from such innovations.
At ORTIS, we are a team of qualified Patent Attorneys, Registered Patent Agents, and technical experts, with proven expertise and decades of experience in various fields of science and technology which includes core and allied engineering fields. This dual expertise in law along with science and technology, equips us to understand the unique needs of our clients and assist them in securing protection, defending, and maintaining their patent rights in India and abroad through our collaborative network of foreign law firms.
OUR SERVICES:
SEARCH AND ADVISE
Our team of experts has experience in conducting specialized searches for inventions which includes patentability search, patent validity/invalidity search, Freedom to Operate (FTO) search, infringement search, State of the Art Search, and patent landscape search. We provide comprehensive advice based on critical study of the client’s needs and rights, to facilitate best-suited decisions for their businesses.
DRAFTING AND FILING
At ORTIS, our team of legal experts with knowledge in various technical and scientific subjects, conduct a thorough analysis of invention disclosure provided by clients and identify the patentable subject matter. After ensuring novelty and identifying inventiveness, we draft specifications and claims. The team is responsible for the entirety of the process, including filing and maintaining of timeline for the application. We have successfully assisted numerous clients in getting patents over inventions relating to the core/allied engineering fields (such as Mechanical, Electrical, Electronics and Telecommunication, Computer Science, Mechatronics, Automotive Engineering etc.) and subject matter of applied science (such as Chemicals, Material Science, Agrochemicals, Pharmaceuticals, Biotechnology, Medical Devices, Food Technology and other interdisciplinary technologies).
PROSECUTION
At ORTIS, we have vast experience in patent prosecution across different types of technology. We have represented Indian as well as foreign clients through our patent offices in Chennai, Delhi, Kolkata, and Mumbai. We assist our clients in filing provisional specifications as well as complete specifications in India as well as international applications under the Paris Convention. Our experienced patent attorneys are equipped to fully appreciate the width of patent laws as well as the technical know-how of the subject invention and then effectively respond to office actions such as First Examination Reports, attend hearings, and secure grants of patent to safeguard the client’s patent rights in their best interest.
OPPOSITIONS (Pre-Grant and Post-Grant of Patents)
Our team of experienced techno-legal experts possess the necessary expertise and experience to effectively represent clients in opposition-related proceedings. Our qualified patent attorneys, patent agents, and technical experts work closely with clients and advise them on the most suitable comprehensive opposition strategy as per their unique requirements.
Our services include preparing and filing pre-grant, post-grant opposition and reply thereto, technical affidavits in evidence, claim mapping, and construction charts, etc. for instituting and/or defending a patent opposition.
ENFORCEMENT
Our team of skilled lawyers performs in-depth and exhaustive infringement analysis based on the facts of the case for our clients and advises them on the best available strategies of the industry to deal with cases of patent infringements or threats of infringement.
The necessity for brand protection in the form of trademarks is on the rise with the increase in counterfeiting in the present technology-driven society. The Trademarks Act, 1999 provides the framework for protecting trade names, trade dress, device marks, brands, heading, labels, tickets, names, signatures, words, letters, numerals, the shape of goods, packaging, or combination of colours or any combination thereof.
At ORTIS, we are a team of qualified trademark attorneys, trademark agents, and trademark paralegals with a proven track record in preparing effective brand protection strategies and their management.
We assist our clients in protecting their brand value and associated goodwill by advising on brand protection strategies suited to their best interests.
OUR SERVICES:
SEARCH
Conceptualization of the brand is the first step to forming a distinguished trademark. This requires a specialized search to ascertain that a proposed mark is new, distinguishable, and will not violate the rights of proprietors of other pre-registered trademarks. Our team of experienced trademark attorneys ensures the availability of the proposed mark by conducting intensive research in India and other jurisdictions across the globe designated under the Madrid Protocol and advises our clients on how to pursue their proposed trademarks for the best interest of their business and its branding.
PROSECUTION
At ORTIS, we have a dedicated team for trademark prosecution that takes care of filing trademark applications, filing and submitting required forms, responding to examination reports, attending hearings, and attending opposition proceedings. We also assist our clients in filing international applications under the Madrid Protocol and in filing trademark applications in jurisdictions other than India through our collaboration with associated law firms.
OPPOSITION AND RECTIFICATION
Our team of experienced lawyers and trademark agents, with their technical knowledge in trademark law as well as experience in handling evidence and legal procedure, deal with complex contentious proceedings such as oppositions and rectification before the Trademarks Registry and different courts in India. We also provide watch services for Trademark infringement and identical/similar trademarks filed by other applicants, advising clients regarding opposition and rectifications to be filed to prevent similar frivolous marks from getting registered in India.
ENFORCEMENT
The rightful owner of a trademark has the right to prevent others from using their mark and exploiting the goodwill associated with the same, in the form of ‘Infringement’ and/or ‘Passing off’ orders. Our team of experts, equipped with thorough knowledge of trademark law, advise and implement the best-suited strategy for our client’s brand protection and goodwill. We draft plaints, cease and desist notices, and other legal documents for trademark enforcement.
The Indian Copyright laws are robust and bestow protection to creators of literary, dramatic, musical and artistic works and the producers of cinematographic films and sound recordings. The Copyright Act, 1957 and Copyright Rules, 2013 are the principal law governing regulation of law relating to copyright in India.
In today’s innovative and tech-focused world, safeguarding your creative assets is crucial. At ORTIS, our copyright team assists its clients to navigate the latest technologies, implement best practices, and develop practical solutions to shield their copyrights.
Our copyright department is proficient in representing you in a wide range of copyright matters, both legal disputes and non-litigious issues, across different jurisdictions, both in India and abroad.
Our lawyers are adept at securing the protections of rights and registrations for its client’s literary, artistic, cinematic, and musical works. We collaborate closely with our clients to craft comprehensive and customized solutions.
SERVICES:
REGISTRATION
We provide expert copyright advice to guide our clients on obtaining the best copyright protection for their work. We help our clients avail fast-track registration of their copyrights as we guide them throughout the application process and manage any follow-up actions with the Copyright Office to expedite the registration process.
COPYRIGHT OFFICE REPRESENTATION
We, at ORTIS, meticulously handle objections and hearings before the Copyright Office on behalf of our clients and track the status of the copyright applications to ensure everything stays on schedule.
ENFORCEMENT
Our dedicated team drafts tailored watertight copyright agreements and other relevant contracts for protection and licensing of your work post-registration. We also assist in third-party negotiations to represent you in negotiations with other parties regarding copyright buyouts.
GLOBAL COPYRIGHT PROTECTION
Our network of trusted international associates can help our clients to leverageand secure copyright protection worldwide.
Protection of the visual design of objects are imperative as, in India, we follow the ‘first to file, first to get’ rule which simply means that an innovator of a design should get his design registered by filing an application at the earliest in order to make his design exclusive and to protect it from piracy. By registering the design, the innovator who can now be called as the owner obtains certain exclusive rights over the design so registered.
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules, 2014. The industrial design recognizes the creation of new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
We, at ORTIS, understand that your design is a powerful brand weapon and your product’s aesthetic is a key differentiator. Our design department has a proven record of securing design protection for industry leaders across FMCG, pharmaceuticals, electronics, and more.
Our team of experts offers comprehensive solutions – from assessing registrability to navigating the global landscape.
SERVICES:
REGISTRATION
We provide expert registrability analysis of our client’s designs under Indian law, leveraging best practices. Our team devises proactive application strategies to minimize objections with our streamlined filing process, ensuring a smooth journey to registration for our clients. We prioritize your design protection with diligent follow-up with Indian Patent Office for expedited registrations.
OBJECTION DEFENCE & HEARING ADVOCACY
Our team expertly handles objections and hearings before the Design Office, Kolkata in addition to, streamlined portfolio management so that our clientsnever miss a deadline with our meticulous tracking system for all their design applications.
POST-REGISTRATION SUPPORT
We ensure that our client’s design rights remain in force with comprehensive renewal and restoration management. We also advise on assignments and licenses, helping our clients to unlock the full commercial potential of their design rights tomaximize IP Value Extraction.