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Intellectual Property Infringement
Overview

In case somebody is making unauthorized use of your Intellectual Property (for e.g. patent, trademark, copyright), you must take quick action by filing a Suit for Infringement of Intellectual Property in a civil court. By filing the Suit, you can claim damages and compensation for the loss caused due to unauthorized use and also stop the other person from using your property. MyAdvo will help you file the Suit for Infringement of Intellectual Property through an expert intellectual property lawyer and will help manage the case lifecycle.

Steps involved in Suit for Infringement of Intellectual Property:
Request

Once you send in a request, our representative will get in touch with you to understand your requirements.

Documents and Questionnaire
A checklist of documents and a questionnaire will be provided to record your details.
Document Verification

You will be required to send clear scanned copies of documents pertaining to the intellectual property for verification by a lawyer.

Petition Drafting

The petition will be drafted and shared with you for review and approval within 7 days of receiving the documents.

Signed Draft

You are required to print the draft on legal size paper, sign and send it to us via courier/ post.

Filing of Case

The case will be filed before the relevant civil court within 3 days of signing of draft.

First Hearing

The lawyer will present preliminary arguments before the court.

Reply

Upon presentation of arguments by the lawyer, the Court will ask the opposite party to file its reply.

Hearing and arguments

The court will conduct hearings in the matter and examine the evidence presented before it. MyAdvo will keep you updated on the status of your case.

Judgment

The court will deliver judgment in the matter.

Why MyAdvo?
Pool of expert intellectual property lawyers who have experience in dealing with matters related to infringement of intellectual property
Step-by-step update through the case lifecycle
A-Z guarantee which covers cost of changing the lawyer in the rare case of any concern
Dedicated portal to manage your case documents and communicating directly with the lawyer
Payment is fixed in the beginning and you are not hassled later
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Provisional Patent Filing

You can safeguard your invention even before it is complete by filing a provisional patent. You can book your name against the invention by filing provisional specifications of your invention. MyAdvo will help you obtain a provisional patent through an expert patent attorney.

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Patent Filing-PCT

Filing application under Patent Cooperation Treaty(PCT) allows you to file patent application in other countries who are party to PCT in 30 months of first patent filing application, while you can claim priority date of first patent filing application.

MyAdvo will file the application under PCT on your behalf through an expert patent attorney and provide regular updates to you.

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Patent Search

Before applying for a patent, a thorough check has to be done to verify whether your invention is patentable not. The patent search involves the search of the patent records to check whether there already exists a similar invention. MyAdvo will help you conduct patent search through expert patent attorneys.

 

Essentials of a Patent

 

Your invention must meet the following three requirements:

  1. Novelty: The invention must be new
  2. Inventive step/ non-obviousness: It  must represent an adequate technical advancement
  3. Industrial application: The invention must be capable of industrial application i.e. it must perform some function of positive benefit to society

Hence, novelty or newness of the invention is an essential condition for a  patent to be granted. In case your invention is similar to a patented invention, your application will be rejected.

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Copyright Filing

Getting a Copyright on your creative work enables you to exclusively use your intellectual property for commercial purposes and restricts others from using it without your permission. MyAdvo will file the application under the copyright act, 1957 on your behalf through an expert intellectual property lawyer and provide regular updates to you.

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Trademark Filing

A trademark is a “brand name” or “logo” that helps you protect the identity of your business. To restrict others from using your brand name or logo, MyAdvo will help you register your trademark through an expert trademark attorney.

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Final Patent Filing

A patent gives you an exclusive right to market and sell your invention for a limited period of time. MyAdvo can assist  you getting a patent for your invention through an expert patent attorney.

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Industrial Design Filing

If you have created new shape, configuration, surface pattern, ornamentation or designs composed of lines and colors that appeal to eyes, you can register it as Industrial Design if the design is used for industrial production.

MyAdvo will file the application for Industrial Design registration on your behalf through an expert Intellectual Property lawyer and provide regular updates to you.

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Geographical Indication-GI Filing

Association of producers of goods can file a Geographical Indication(GI) application to protect agricultural, natural or manufactured goods that have some qualities that are attributable to its place of origin. MyAdvo will file the application for Geographical Indication(GI) registration on your behalf through an expert Intellectual Property lawyer and provide regular updates to you.

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Trademark Search

Before applying for a trademark, it is advisable to conduct a Trademark search. Trademark search involves a thorough check of the trademark records to check whether there already exists a similar trademark in similar categories. MyAdvo will help you conduct trademark search through expert trademark attorneys.

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