Services - Patents

What is a Patent?

A patent is a set of exclusive legal rights granted by a state (national government) to an inventor or its assignee for a limited period of time in exchange for a public disclosure of an invention. A patent is a monopoly of sorts which allows a patent owner to carve their own niche in the business market by defining their 'new' territory. Specifically, the grant of a patent allows a patent owner to prevent others from making / use /sale of the patented product / process within the jurisdiction in which the patent has been granted.

A patent is granted on the following three counts:
- Novelty
- Inventive Step
- Industrial Applicability

Patent application in India is governed by the Patent Act, 1970 and the Patent Rules, 2003.

About

- Patent Drafting, Filing and Prosecution
Typically, a patent document is a techno-legal description of the invention for which protection is to be sought. Patent Drafting starts almost simultaneously with germination of an idea in an inventor's head. A PROVISIONAL SPECIFICATION may be filed which secures a priority date. Subsequently, a COMPLETE SPECIFICATION with a set of CLAIMS is to be filed at the PATENT OFFICE. This is published in a Patent Journal and is then EXAMINED by examiners at the PATENT OFFICE.

- Patent Search
A Patent Search is an exercise conducted to search and research for prior art or state of the art in any subject matter to look for evidence if the claimed patent application is NOVEL, if the claimed patent application has an INVENTIVE STEP, and if the claimed patent application is suitable for industrial use. A diligent search through a score of databases always comes in handy to draft the patent application better so that the application is steered off from already existing patents or disclosures. Ideally, a PATENT SEARCH is better conducted in the time period between filing a PROVISIONAL SPECIFICATION and filing a COMPLETE SPECIFICATION.

- PCT National Phase and Paris Convention Application Filing
For every foreign application to be filed in India, we provide prompt filing services along with conforming the draft in accordance with the Patent Act and Rules of India. We also provide docketing services and time reminders at each stage of the application, along with our review.

- Patent Opposition
Every patent application comes under the purview of opposition by interested parties. Patent Opposition is a task-making ordeal and requires the highest level of technical and legal skills. A successful patent opposition overthrows a patent application rendering it free to be used by any person. Similarly, sustaining a patent opposition is skillful work, too. A patent application may be opposed before grant and after its publication. A patent may be opposed within a defined time duration after its grant. At any point of time, in the life of a patent, it can be revoked if appropriate proceedings are inducted and conducted.

- Use
Each patent, when granted, defines an area of science or technology which is the proprietary right of the patentee. The Patentee is, therefore, allowed by law to prevent the making of, the use of, the selling of, the import of the defined product or process under the granted patent by any other person who is not authorized by the patentee to do so.

- Term of a Patent
The term of a Patent is 20 years from date of filing of the patent application or its priority date.

- Renewal
A Patent, in India, needs to be renewed every year. Renewal fees and timelines differ from country to country.

- Patent Jurisdiction
Each patent is for one country only. Simultaneous patent applications need to be lodged in respective jurisdictions to obtain corresponding patents.

Services

We serve entire engineering, pharmaceutical, life science, and chemical domains in the field of patents. Engineering domains include: Automotive, Biomedical, Bioengineering, Bio-mimicry, Electrical, Electronics, Mechanical, Networking, Software, Telecommunications, and any of its combinations.

Life-science domains include: Biology, Biotechnology, Chemistry, Compositions, Food Technology, Microbiology, Pharmaceutical, and any of its combinations.

Our core services include:

- Patent Drafting, Filing, and Prosecution
We involve ourselves in a variety of single-discipline and interdisciplinary patent drafting services, each year. Over the past 6 years, our team has had the experience of drafting over 1200 patent applications amongst themselves. Each patent application is drafted, meticulously, keeping in mind allowances for each jurisdiction and country, and their standards. Prosecution of patent applications of all jurisdictions is done in-house. This means that our clients save a huge deal as we engage international counsel only as an address for service.

- Illustration and Drawings
Each patent application is sufficiently aided with drawings done by patent illustrators skilled in the art of CorelDraw, Adobe Photoshop, AutoCAD and the like software applications.

- Response to Office Actions
Validating each patent application requires prompt and intelligent responses. We pride in our strength of catering to Office Action Reports from all jurisdictions of the world, in-house, thereby saving international attorney charges.

- Search and Research Analytics
From a subject matter search to invalidity searches to infringement opinions to claim mapping and claim analysis, we service various tailor-made search and research analytics' requests. We dig out information from a bouquet of subscribed databases and present an up-to-date report.

- Freedom to Operate
The highest level or search and analysis is required for this service, where we study a subject matter in detail and find out relevant prior art and state of the art keeping a jurisdiction in mind. A combination of technical and legal personnel are involved in preparing these reports.

- Watchdog Service
For each of our clients, we provide a fortnightly service wherein we update them of the published patent applications from patent journals, which applications are within their realm of influence.

- Infringement and Validity / Invalidity Opinion
For every claim of infringement that an opponent may provide, we provide counteractive evidence to provide non-infringement opinions. On the other hand, we also gather infringement evidence to fight cases at the IPAB or the courts of law to enforce patent rights.

- Foreign Applications and Prosecution
We have serviced a large number of PCT patent applications and individual foreign country applications as well. As we ensure that our patent drafts are of the highest technical and legal level, they are simultaneously used in filing in foreign jurisdictions, with ease and relative positivity.

FAQs

What is a patent?

A patent is a set of exclusive legal rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention.

 

What can be patented?

Any patent is specifically for a product or a process or both.

 

What cannot be patented?

Section 3 and 4 of the Patent Act, India defined non-patentable subject matter.

Section 3: The following are not inventions within the meaning of this Act,—

  1. an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
  2. an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;
  3. the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;
  4. the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
    Explanation : For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;
  5. a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
  6. the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
  7. a method of agriculture or horticulture;
  8. any process for the medicinal, surgical, curative, prophylactic [diagnostic, therapeutic] or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
  9. plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
  10. a mathematical or business method or a computer program per se or algorithms;
  11. a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematrographic works and television productions;
  12. a mere scheme or rule or method of performing mental act or method of playing game;
  13. a presentation of information;
  14. topography of integrated circuits;
  15. an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

Section 4: Inventions relating to atomic energy not patentable
No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962).

 

What rights do I get after the grant of my patent?

A patent owner reserves the right to prevent others, in the jurisdiction in which the patent is granted, from using, selling, making, or importing the patented product or process. Further, it may allow others to license the patented product or process. Even while the patent application is pending, the patent owner may use the terminology, "patent pending" or "patent applied for" on the product or any ancillary activity related to the product or process. Once the patent is granted, the patent owner may use the terminology, "patented".

 

Who should file a patent?

A person who conceives an idea is an INVENTOR as claimed with respect to a PATENT. A person who sponsors such Inventor or employs such Inventor is the APPLICANT (PATENTEE) as claimed with respect to a PATENT. An inventor can himself be the APPLICANT (PATENTEE).

 

When should I file a patent?

A PROVISIONAL SPECIFICATION should be filed as soon as the conception or idea takes place.

 

How does a patent agent / patent attorney help?

A PATENT AGENT or a PATENT ATTORNEY is licensed to represent a client before the State (Patent Offices of that state). Generally, well-versed with various disciplines of science and IP law, he / she is adroit in preparing a patent draft and is enabled to successfully prosecute it. A client should ideally be detailed and nonchalant in disclosing the invention to him / her. The PATENT AGENT / PATENT ATTORNEY is equipped to restrict the level of disclosure to such level as to avail grant of patent rights but restricting complete know-how. Also, a good PATENT AGENT / PATENT ATTORNEY should keep a tab on the current on-goings in the state of the art in his / her clients' subject matters.

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REQUIREMENTS: PATENT QUESTIONNAIRE

REQUIREMENTS: PATENT POA, FORMS (P1, P2, P3, P5, P7, P9, P18), and TARIFF