Intellectual Property (IP) is a critical business asset in todayβs knowledge-driven economy. From startups to large corporations, Intellectual Property registrations help protect innovations, brands, artistic expressions, and unique business elements that differentiate one entity from another.
This comprehensive guide explores the various types of Intellectual Property Registrations available in India, eligibility, required documents, step-by-step registration processes, post-registration compliances, and strategic benefits.
1. π What is Intellectual Property?
Intellectual Property (IP) refers to creations of the mind such as inventions, artistic works, logos, brand names, software, trade secrets, and designs. Indian IP laws recognize five main categories of IP:
Type of IP
Protection For
Patent
Technical inventions and novel processes
Trademark
Business logos, brand names, symbols
Copyright
Literary, artistic, musical, and software works
Design
Aesthetic aspects of product shapes and patterns
Geographical Indications (GI)
Region-specific goods like Darjeeling Tea, Banarasi Saree
2. β Eligibility Criteria for Intellectual Property Registrations
IP Type
Eligible Applicants
Income/Turnover Threshold
Patent
Inventors, companies, research institutions
No limit
Trademark
Any business, company, LLP, or individual intending to protect a brand
No limit
Copyright
Authors, composers, developers, creators of original work
No limit
Design
Manufacturers, designers, product developers
No limit
GI
Producersβ associations or cooperative societies for regional goods
Based on location and community need
3. π― Key Benefits of IP Registrations
Legal ownership and protection from unauthorized use
Monetization via licensing, assignment, or sale
Stronger market presence and brand reputation
Higher business valuation and investment appeal
Protection under international treaties like WTO-TRIPS
4. π List of Required Documents
Below is a compiled list of essential documents required for each IP registration category:
A. Common Documents:
Identity proof (PAN, Aadhaar, Passport)
Address proof
Email ID and mobile number
Proof of business (in case of entity registration)
Power of Attorney (if filed via agent)
B. Additional Category-Specific Documents:
IP Type
Additional Documents
Patent
Abstract, specifications, technical drawings, declaration of inventorship
Trademark
Logo/image of mark, user affidavit (if already used), usage proof
Copyright
Copy of work, NOC from other parties (if applicable), manuscript or source code
Design
Photographs, drawings, declaration of originality, representations
GI
Proof of origin, manufacturing process, regional affiliation, maps, affidavits
5. π Registration Portals
IP Type
Government Portal
Website
Patent, Trademark, Design
Controller General of Patents, Designs & Trademarks
What is the most common type of IP registration in India? Trademark registration is the most commonly used IP protection, especially by MSMEs and startups.
Can I register my startupβs app under both patent and copyright? Yes, the backend logic may qualify for patent and the UI/UX or code can be copyrighted.
Is a digital signature necessary for IP registration? Yes, for online applications, a Class 3 Digital Signature Certificate is generally required.
Do I need a lawyer or agent to file IP registration? It is optional. Many individuals self-register using online portals, though agents help with objections and formalities.
How long does it take to get a trademark registered? 6 to 18 months, depending on examination and objections.
Can I apply for IP protection in other countries after registering in India? Yes. Through WIPO treaties or the Patent Cooperation Treaty (PCT).
What happens if someone copies my registered design? You can initiate a legal infringement suit and claim damages under the Designs Act.
Is GI registration transferable? No. GI rights rest with a community/region and not an individual.
How can I check if a brand name is already registered? Use the public search tool on ipindia.gov.in.
Can a foreign company file for IP protection in India? Yes. Foreign entities can file through Indian agents or registered offices.
Media-
How to Register Digital Signature Certificate on Income Tax Portal | DSC Registration Process |