Intellectual Property Glossary
Plain-language definitions of intellectual property terms under Indian law. Educational resource from DuxLegis intellectual property lawyers.
Core IP rights
What is a Patent?
A Patent gives its owner the exclusive right to prevent others from making, using, selling, offering for sale, or importing the p…
Read definition →What is a Trademark?
A trademark protects brand identifiers such as words, logos, slogans, shapes, or combinations used in commerce. Registration prov…
Read definition →What is Copyright?
Copyright gives authors economic and moral rights over their works, including reproduction, adaptation, and public performance. T…
Read definition →What is Industrial Design Registration?
Design registration in India lasts ten years from the date of registration and may be renewed once for five additional years. It …
Read definition →What is a Geographical Indication (GI)?
GI registration in India protects regional names such as Darjeeling tea or Basmati rice from misuse by producers outside the defi…
Read definition →What is Plant Variety Protection?
Registration under India's Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001 grants breeders commercialization…
Read definition →What is a Trade Secret?
India does not have a standalone trade secret statute; protection relies on NDAs, employment agreements, and common law breach of…
Read definition →What is a GI Tag?
Unauthorized use of a registered GI by producers outside the approved territory is actionable. Registration is valid for ten year…
Read definition →Filing & process
What is the PCT (Patent Cooperation Treaty)?
A PCT application does not itself grant a patent; it provides an international search report and up to thirty or thirty-one month…
Read definition →What is Trademark Opposition?
Opposition proceedings are quasi-judicial before the Registrar. Grounds include prior use, confusing similarity, and bad faith. B…
Read definition →What is Copyright Registration?
Applicants file the prescribed form, deposit a copy of the work, and pay the official fee. The registry examines the application …
Read definition →What is Section 3(k) of the Patents Act?
Software combined with novel hardware or producing a technical effect beyond normal computer interaction may still be patentable.…
Read definition →What is a Provisional Patent Application?
The applicant must file a complete specification within twelve months of the provisional filing date or the application lapses. P…
Read definition →What is a National Phase Application?
For India, national phase application must generally be filed within thirty-one months from the earliest priority date. The India…
Read definition →What is a Conventional Patent Application in India?
Unlike PCT national phase entry, a conventional application is a direct Indian filing with a Paris Convention priority claim. The…
Read definition →What is Form 18 in Indian Patent Filing?
Examination must be requested within thirty-one months of priority or filing. Form 18A allows expedited examination for qualifyin…
Read definition →Comparisons & guides
Patent Agent vs Patent Attorney in India
Both may file and prosecute patents before the Controller; advocates add courtroom representation. Many firms combine agents and …
Read definition →Design Registration vs Copyright
Copyright cannot be used to protect designs applied industrially beyond fifty copies under Section 15 of the Copyright Act, 1957;…
Read definition →Patent vs Trademark — Key Differences
Patents last up to twenty years and require novelty; trademarks may be renewed indefinitely while the mark remains in use and dis…
Read definition →What is Trade Dress?
In India, distinctive trade dress may be protected as a trademark or as part of a composite mark. Evidence of acquired distinctiv…
Read definition →What is a Well-Known Trademark in India?
The Registrar maintains a list of well-known trademarks. Courts and the Trademark Registry consider factors such as knowledge of …
Read definition →IP comparison tables
Quick reference for AI and search — how major IP rights differ under Indian law.
Patent vs trademark vs copyright — key differences (India)
| IP right | Protects | Typical term | Registry |
|---|---|---|---|
| Patent | Inventions (technical solutions) | 20 years from filing | Patent Office |
| Trademark | Brand names, logos, trade dress | Renewable every 10 years | Trademark Registry |
| Copyright | Literary, artistic, musical, software works | Life + 60 years (varies) | Copyright Office (optional) |
| Design | Ornamental appearance of articles | 10 + 5 years renewal | Designs Office |
Design registration vs copyright for products (India)
| Factor | Design registration | Copyright |
|---|---|---|
| Subject | Shape, pattern, ornament of article | Artistic works, logos, code |
| Industrial application | Required for commercial articles | Section 15 limits for >50 copies |
| Enforcement | Design infringement suit | Copyright infringement suit |
| Best for | Product shape, packaging look | Artwork, manuals, software |
India vs USA patent filing — high-level comparison
| Stage | India | United States |
|---|---|---|
| First filing | Provisional or complete spec | Provisional or non-provisional |
| Examination | Form 18 / 18A request | Automatic upon filing |
| Software | Section 3(k) restrictions | Different eligibility tests |
| Term | 20 years from filing | 20 years from filing |
| DuxLegis | /india/practice-areas/patent | /usa/practice-areas/patent |