Patents

Patents, where innovation meets protection

Explore how our expert team can guide you through the intricate landscape of patent law, ensuring your groundbreaking ideas are safeguarded and your inventions secure the recognition and protection they deserve.
Our team of seasoned patent attorneys is dedicated to providing you with comprehensive support throughout the patenting process.
From initial concept evaluation to drafting and filing your patent application, we’ll be with you at every turn, ensuring no detail is overlooked.

Services

Our firm specialises in the protection of patent rights across a range of technology sectors including Mechanical, Software, Electrical, Electronics, Telecommunications, Chemistry, Biotechnology, and Pharmaceuticals.

PATENT SEARCH

The full spectrum of patent protection services including prior art search and watch activities, carrying out due diligence investigations, and providing freedom to operate and invalidity opinions all of which are supported by subscriptions to high end IP databases.

PATENT DRAFTING

Patent drafting requires a combination of technical expertise, legal knowledge, and writing skills to effectively describe and protect an invention under patent law. It’s a collaborative process between the inventor and a skilled patent attorney or agent to ensure that the resulting patent application is strong, comprehensive, and capable of securing meaningful patent protection for the invention.

Our firm seamlessly assists you through this entire process, whether you’re a first-time inventor or a seasoned inventor.

We do this by

Understanding the Invention
Conducting a Prior Art Search
Writing the Patent Specification
Drafting Drawings (if necessary)
Preparing Formal Documents
Review and Revision
Filing the Patent Application

This is a crucial step in the patenting process and requires careful attention to detail and precision. Our team will diligently assist you to the whole process making it transparent, precise and comfortable.

Detailed, solution-centric advice on filing and prosecuting patent applications taking into account local patentability prohibitions, long term enforceability criteria and the commercial objectives of our clients;

Advice on the assignment and licensing of patent rights to leverage the maximum value from IP assets and effecting seamless recordal of such instruments.

PATENT FILING

Proficiency in filing and validation of patent rights. The filing department is aided by a team dedicated to docketing instructions/timelines and ensuring compliance with all procedural formalities. We file PCT applications and National Phase Patent Applications in Foreign Jurisdictions.

PATENT ADVISORY

We offer pre-grant and post grant opposition counselling and drafting. Our team of experienced patent attorneys and associate firms has a deep understanding of Indian patent law and can help clients navigate the complex patent system in India.

PATENT INFRINGEMENT

We also offer advice for Patent Infringement and scout infringement possibilities to protect and maximise the value of your invention and safeguarding it in the process.

Still Can’t find what you’re looking for?

Contact our firm to explore our entire service range for Patents and we can get back to you with a tailored and custom approach for protecting your invention.

FAQs

What is a Patent?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product without patent owners consent.

When should an application for a patent be filed?

Filing of an application for a patent should be completed / done at the earliest possible date and should not be delayed. An application filed with Provisional Specification, disclosing the essence of the nature of the invention helps to register the priority by the applicant. Delay in filing an application may entail some risks like (i) other inventors might forestall the first inventor by applying for a patent for the said invention (ii) there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.

What can be patented?

An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Indian Patents Act.

What is the term of patent?

Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it is filed with Provisional or Complete Specification. However, in case of applications filed under PCT (Patent Co-Operation Treaty) the term of 20 years begins from International filing date.

Who can apply for a patent?

A patent application can be filed either by a true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.

What are the criteria of patentability?

An invention to become patentable, subject matter must meet the following criteria –
i) It should be novel.
ii) It should have inventive step or it must be non-obvious
iii) It should be capable of Industrial application.
iv) It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.

What kind of protection does a Patent offer?

Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.

What are the various stages involved in the grant of patent?

A. After filing the application for the grant of patent, a request for examination is required to be made by the applicant or by third party within 31 months from the date of application failing which the application is deemed to have been abandoned.
B. Thereafter, the patent application is taken up for examination by the Patent office.
C. A First Examination Report is issued and the applicant is given an opportunity to correct the deficiencies in the patent application in order to meet the objections raised in the said examination report within 12 months from the date of Examination Report and no extension is allowed after that.
D. The applicant must comply with the requirements within the prescribed time otherwise his application would be treated as deemed to have been abandoned.
E. When all the requirements are met, a patent is granted and notified in the Patent office Journal. However before the grant of patent and after the publication of application, any person can make a representation for pre-grant opposition.

What Rights does a Patent Owner have?

A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain, that is, the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others.

Can any invention be patented after publication or display in the public exhibition?

Generally, a patent application for the invention which has been either published or publicly displayed cannot be filed. However, the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organized by the Government or disclosure before any learned society or published by applicant. The details of the conditions are provided under Chapter VI of the Act (Section 29-34).

What is a provisional specification?

Indian Patent Law follows first to file system. Provisional Specification describes the nature of the invention to have the priority date of filing of the application in which the inventive idea has been disclosed. It must be followed by a Complete Specification describing the details of the invention along with a statement of claims within 12 months after filing of the provisional application. If the Complete Specification is not filed within the prescribed period, the application is treated as deemed to have been abandoned.

Is it necessary to file a provisional application?

Generally, an application filed with Provisional Specification is known as Provisional Application which is useful in establishing a priority date for your invention. Moreover, filing of a Provisional Application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing Complete Specification. However, it is not necessary to file an application with Provisional Specification and one can file application directly with Complete Specification.

Does the Patent Office Keep information of the invention Secret?

Yes. All the patent applications are kept secret up to 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO (Indian Patent Office) website.

Can one use the words "Patent Pending" or "Patent Applied For"?

These words are normally used by the patent applicant to his products after filing his application for patent so that the public is made aware that a patent application has been filed in respect of that invention. Use of these words where no application has been made is prohibited under the Patent law. However, use of such words by the patent applicant does not prohibit the third party to plead as innocent unless the patent number is indicated.

Can I get a world patent?

Patent is a territorial right and there is no “world patent” or “international patent”.

How can a patent be obtained worldwide?

In general, an application for a patent must be filed, and a patent shall be granted and enforced, in each country in which you seek patent protection for your invention, in accordance with the law of that country. Further, any resident or national of a Contracting State of the Patent Cooperation Treaty (PCT) may file an international application under the PCT. A single international patent application has the same effect as national applications filed in each designated Contracting State of the PCT. However, under the PCT system, in order to obtain patent protection in the designated States, a patent shall be granted by each designated State to the claimed invention contained in the international application. Furthermore, if patent protection is required in one or two countries, the patent application in those countries can be filed under Paris Convention, which allows the Applicant to file the patent application of his country of interest within 12 months of his provisional filing date or priority date as the case may be.