Intellectual Property Rights

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 the team members to understand the unique needs of each client and assist them in securing protection, defending, and maintaining their patent rights in India and abroad through Firm’s collaborative network of foreign law firms.

SERVICES OFFERED BY THE FIRM:

SEARCH AND ADVISE- 

ORTIS team has experience in conducting specialized searches for inventions which include patentability search, patent validity/invalidity search, Freedom to Operate (FTO) search, infringement search, state of the art search and patent landscape search. ORTIS provides comprehensive advice to its clients based on critical study of the client’s needs and rights, to facilitate best-suited decisions for their businesses.

DRAFTING AND FILING-

At ORTIS, a 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, a well experienced team drafts specifications and claims. The team is responsible for the entirety of the process, including filing and maintaining of timeline for the application. ORTIS has 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, automotive engineering) 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, the team has vast experience in patent prosecution across different types of technology. ORTIS has represented Indian as well as foreign clients through its patent offices in Chennai, Delhi, Kolkata and Mumbai. ORTIS team assists its clients in filing provisional specifications as well as complete specifications in India as well as international applications under the Paris Convention. The 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)-

A team of experienced techno-legal experts possess the necessary expertise and experience to effectively represent clients in opposition-related proceedings. 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.

The 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-

A team of skilled lawyers performs in-depth and exhaustive infringement analysis based on the facts of the case for its 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.

A dedicated team assists the clients in protecting their brand value and associated goodwill by advising on brand protection strategies suited to their best interests.

SERVICES OFFERED BY THE FIRM:

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. A team of experienced trademark attorneys ensures availability of the proposed mark by conducting intensive research in India and other jurisdictions across the globe designated under the Madrid Protocol and advises 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. The team also assists the clients in filing international applications under the Madrid Protocol and in filing trademark applications in jurisdictions other than India through Firm’s collaboration with associated law firms.

OPPOSITION AND RECTIFICATION

A 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. ORTIS also provides 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. A team of experts, equipped with thorough knowledge of trademark law, advise and implement the best-suited strategy for its client’s brand protection and goodwill.

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, a dedicated team assists its clients to navigate the latest technologies, implement best practices, and develop practical solutions to shield their copyrights.

The lawyers at ORTIS are adept at securing the protections of rights and registrations for client’s literary, artistic, cinematic, and musical works and collaborate closely with clients to craft comprehensive and customized solutions.

SERVICES OFFERED BY THE FIRM:

REGISTRATION:

ORTIS provides expert copyright advice to guide its clients on obtaining the best copyright protection for their work. The team helps and assists the clients to avail fast-track registration of their copyrights as the team guides 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 its clients and track the status of the copyright applications to ensure everything stays on schedule.

ENFORCEMENT:

A dedicated team drafts tailored watertight copyright agreements and other relevant contracts for protection and licensing of your work post-registration. The team also assists in third-party negotiations to represent the clients in negotiations with other parties regarding copyright buyouts.

GLOBAL COPYRIGHT PROTECTION:

A network of trusted international associates can help its clients to leverage and secure copyright protection worldwide.

Protection of the visual design of objects are imperative as, in India, ORTIS follows 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 “design” is a powerful brand weapon and product’s aesthetic is a key differentiator. A dedicated design department has a proven record of securing design protection for industry leaders across FMCG, pharmaceuticals, electronics, and more.

SERVICES OFFERED BY THE FIRM:

REGISTRATION:

ORTIS provides expert registrability analysis of its client’s designs under Indian law, leveraging best practices. A team devises proactive application strategies to minimize objections with streamlined filing process, ensuring a smooth journey for registration for Firm’s clients. ORTIS prioritizes design protection with diligent follow-up with Indian Patent Office for expedited registrations.

OBJECTION DEFENCE & HEARING ADVOCACY: 

A dedicated team expertly handles objections and hearings before the Design Office in addition to, streamlined portfolio management so that the clientsnever miss a deadline with meticulous tracking system for all their design applications.

POST-REGISTRATION SUPPORT: 

ORTIS ensures that the design rights remain in force with comprehensive renewal and restoration management. ORTIS also advises on assignments and licenses, helping its clients to unlock the full commercial potential of their design rights tomaximize IP value extraction.