IP Law — Frequently Asked Questions

Standard prosecution takes 3–5 years for most technology sectors. Pharmaceutical and chemical patents often take longer. Expedited examination (Rule 24C) is available for DPIIT-recognised startups, small entities, and applicants with corresponding filings in qualifying jurisdictions (US, EP, JP) — this can reduce the timeline to 12–18 months. Startups receive an 80% rebate on all official fees.

Official fees (e-filing, complete specification): ₹1,600 per sheet for natural persons/startups to ₹8,000 per sheet for large entities. Request for Examination: ₹4,000–₹20,000. Total official costs over prosecution: approx. ₹15,000–₹50,000 (individuals) and ₹50,000–₹2,00,000 (large entities). Professional charges for drafting and prosecution are separate.

A provisional specification secures a priority date and gives 12 months to file the complete application. It requires only a description, no claims. A complete specification contains the full description, drawings, abstract, and claims defining legal scope. Failure to file the complete specification within 12 months results in permanent abandonment.

Software per se is excluded under Section 3(k). However, software-implemented inventions that produce a technical effect — beyond mere computation — may be patentable when claimed as a 'method performed by a computer system' or 'system comprising a processor configured to…'. The Delhi HC BlackBerry judgment (April 2026) clarified that the technical effect must be demonstrated at the hardware performance level, not merely at the UI/display layer.

Form 27 (Statement of Commercial Working) is a statutory obligation under Section 146(2) of the Patents Act for every patentee and licensee. The 2024 Amendment Rules shifted the cycle from annual to triennial. For most patentees, the first consolidated deadline is 30 September 2026. Penalties under the Jan Vishwas Act 2023: up to INR 1,00,000 plus INR 1,000 per day. There is no condonation mechanism — delay cannot be excused.

A routine registration takes 6–10 months: Filing → Examination (3–4 months) → Publication in Trade Marks Journal (4-month opposition window) → Certificate. Opposed or complex matters: 2–5 years. Official fees: ₹4,500 per class (individuals/startups, e-filing) or ₹9,000 per class (companies).

The Madrid Protocol (WIPO) allows one application to designate 130+ member countries. India joined in 2013. Each designated country examines independently. Advantages: centralised management, one renewal date. Limitation: 5-year dependency on the basic mark ('central attack' vulnerability). The Maldives is not yet a Madrid member — direct MIPO filing required.

A well-known trademark (Section 2(1)(zg)) is recognised by a substantial public segment. Once declared well-known, it receives cross-class and cross-border protection. However, the Delhi HC in Kent RO v. Kent Cables (March 2026) confirmed that well-known status does not override an established senior prior user's rights in the same product category.

Options: (1) Cease-and-desist notice, (2) Opposition at Trade Marks Registry, (3) Rectification/cancellation petition, (4) Civil infringement suit before High Court for injunction and damages, (5) Criminal complaint under Sections 103/104, (6) Customs recordal. High Courts can grant ex-parte injunctions within 24–72 hours in urgent cases.

The Maldives Trademark Act (Law No. 19/2025) opens for formal registration November 11, 2026. Until then: publish a cautionary notice immediately in Maldivian newspapers to establish prior use. Once MIPO opens, file as soon as possible — first-to-file system. Foreign companies apply directly — no local incorporation required. Transition deadline for prior cautionary notice holders: November 11, 2027.

No to both. As of June 2026, the Maldives has not acceded to the Paris Convention or Madrid Protocol. All trademark applications must be filed directly at MIPO — there is no Madrid System route. The 2025 Act includes a convention priority provision (6 months) but it has limited practical utility until Paris Convention accession occurs.

A cautionary notice is the only trademark protection mechanism currently available — a public declaration of ownership published in Maldivian newspapers. It does not confer exclusive statutory rights but provides critical evidence of prior use for: opposition proceedings, well-known mark claims, and defence against non-use cancellation. Re-publish every 2–5 years. All brands with Maldives commercial interests should publish or renew immediately.

The Trademark Act 2025 provides: Criminal fines of MVR 100,000–2,000,000 (approx. USD 6,500–130,000) for intentional infringement. Civil remedies: injunctions, damages or accounts of profits, delivery-up and destruction of infringing goods. Border control: customs recordal allows seizure of counterfeits at Maldivian ports of entry.

China is a strict first-to-file jurisdiction — file before entering the market to prevent trademark squatting. File through CNIPA directly or via Madrid Protocol. Register both the Latin-script mark and Chinese character versions separately. Multi-class filing permitted. Timeline: 12–18 months. Non-use for 3 years makes the mark vulnerable to cancellation.

No single ASEAN trademark system exists. However, most ASEAN members are Madrid Protocol members — a single Madrid application can designate Singapore, Vietnam, Indonesia, Thailand, Malaysia, Philippines, Cambodia, Laos, and Brunei simultaneously. Myanmar is not on Madrid and requires direct national filing.

An EUTM filed at the EUIPO covers all 27 EU member states with one application (~€1,050 for one class). The Unitary Patent (since June 2023) covers 18 participating EU states with one EPO grant request and single renewal fee — saving ~€4,000 over 10 years. Both are enforced centrally via the Unified Patent Court (UPC).

Each requires separate national filings. Bangladesh (DPDT — Madrid member, single-class only, substantive exam since Feb 2025). Nepal (DoI — not Madrid/PCT, direct filing, 7-year TM term, mandatory use within 1 year). Pakistan (IPO — Madrid since May 2021, not PCT). Sri Lanka (NIPO — PCT member, not Madrid). Aswal Associates manages all four jurisdictions directly.

Yes. Aswal Associates is a full-spectrum IP law firm covering patents, trademarks, designs, copyright, geographical indications, IP litigation, licensing, technology transfer, and IP strategy. Founded in 2004, headquartered in New Delhi, the firm handles filings in India and 50+ countries. Recognised in the IAM Strategy 300 for IP strategy. Email: mail@aswal.in

Address: 59, Harmony Apartments, Pocket-1, Sector-4, Dwarka, New Delhi – 110078, India. Hours: Mon–Fri 10:00 AM–6:30 PM IST · Sat 11:00 AM–3:30 PM IST. Nearest metro: Dwarka Sector 11 or 12, Blue Line — 5 minutes by auto-rickshaw. Phone: +91-11-43046500. Email: mail@aswal.in