Patent is only enforceable after it is granted, and only in the jurisdiction where it is granted.

Why?

Patent protection is territorial in nature although Patent filing can be done internationally via international treaties such as Patent Corporation Treaty (PCT) or Paris Convention.

A patent application is only valid if filed before any public disclosure of the invention is made. Any subsequent patent applications can be filed in other countries within 12 months from the filing date. After that 12 months, subsequent patent applications to protect the same invention would be considered invalid because the invention is deemed publicly disclosed.

How Else Can I Protect My Patent?

It depends on that particular national law that allows reinstatement of lapsed patents.

Work published on the internet may be ‘Publicly Accessible’, but it may not mean that the work falls under ‘Public Domain’ category.

How Is It Not Free?

Only copyright that expires with many years after the death of the author will be considered ‘Public Domain’ and entitle you to free use.

Any adaptation is legally considered as ‘derived work’ and it will still be considered as their work.

What can Happen?

You may be sued for copyright infringement as it is not your original work but a derivative work from copying or modifying without the owner’s permission.

If you don’t register, you will never own your own brand.

Who would copy?

• Your competitor or rival who likes your logo.
• Foreign companies will copy your mark by registering it locally.

Your trademark is actually your asset and your business that can make money.

How?

• You can license and franchise your mark only after registration.
• You can expand your business only if you have a legitimate brand through registration.

Your business brand name will not be protected under Trademark Act even if your company name is registered under Companies Act.

Why?

• Other companies can ride on your goodwill and make use of your brand name even though they don’t have company name.

TM marks are subject to opposition and not protected fully.

How?

• You may lose your mark during opposition.
• You only own your mark with the ® logo and
  can sue others upon registration.

There is no one registration fit to all countries, but only on that country you register.

What can I do?

• We can have one international filing and later register separately in several countries for protection.