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Secure your invention before anyone else patents it
One of the significant branches of Intellectual Property is Patent. The patent is a legal right granted to an inventor for a unique, novel, inventive, and industrially applicable invention. The patent provides the patentee with an exclusive right to use, sell, offer for sale, or import the patented invention and prevent others from making, using or selling it without authorisation. Once the patent for innovation/invention is granted by the government, it lasts for a limited period of time i.e. 20 years from the date of initial filing. However, in order to get the patent, your invention must satisfy the criteria of Novelty, Inventive step and Industrial applicability.
A prior patent search determines the novelty and patentability of the invention and therefore, it is essential to be considered before filing the patent application.
By providing prior searches at national and international databases, we assist our clients in assessing the novelty and patentability of applications.
From providing suitable class (es) to assisting in drafting and filing the Patent Application, our experts ensure that protection is granted in a timely and efficient manner.
During Examination, the Patent Office examines the application and may raise objections in the Examination Report.
We assist in preparing a skillful and technically sound reply to the First Examination Report (FER). Our team represents clients in hearings before the Patent Office and makes sure that objections raised are addressed accurately.
Any failure to respond within the timeframe may result in revocation of your patent application.
Your Patent application may receive opposition either before or after grant of patent. The respective proceeding may hamper and delay the registration process.
Our team provides full assistance in addressing opposition proceedings, including drafting opposition or counter-claims documents, other statements, evidential documents, required during the proceedings.
Along with this, we handle complex opposition matters and represent clients during the hearing with a strong legal and technical strategy.
We provide complete end-to end assistance from registration to maintenance. In view to keep the patent in force and active, annual maintenance is essentially to be done.
In addition to maintenance, our team assists in managing client’s entire patent portfolios, which includes:-
Keeps a regular watch on your patent, checking for any competing or unauthorized users; and taking remedial actions like issuing legal notice or other appropriate legal action.
Patent Assignment and Licensing allow commercially leveraging intellectual property while retaining ownership and ensuring quality control.
We assist in setting up the entire contract cycle management of the assignment and licencing arrangement, including drafting of agreements, non-disclosure agreements etc.
By granting the right to use your patent, you can expand a market presence, generate revenue, and maximise commercial value in the market place.
The highly advisable action is a prior patent search. A detailed patent search is conducted in national and international patent databases to identify any identical or similar inventions that may already exist. With the help of prior search, the novelty and patentability of the invention are determined and the upcoming risks of objections during examination are reduced. This stage is not mandatory, however, highly recommended to assess the likelihood of obtaining patent protection.
Once the detailed search about your invention is done and patent application draft is ready, the patent application filing process begins. The application is filed before the Patent Office either electronically or physically.
The application may be filed as a Provisional Specification or as a Complete Specification depending upon the phase of development of the invention:
After the application is filed, an application number and filing date (or priority date) are allotted to the Applicant.
As soon as the patent application has been filed, it gets published in the Official Patent Journal after 18 months from the filing date or priority date, whichever is earlier. However, the option of early publication is available by filing a prescribed request.
Once published, the invention becomes publicly available, and any third party may assess it.
A patent application is not examined automatically; one form is required to be filed before the patent office for examination within 48 months from the priority date or filing date. Once this request for Examination is filed, the Patent Office initiates the detailed examination and if any objections are found, issues a First Examination Report covering all the objections and requirements.
Immediately after issuance of Examination Report, the Applicant must file a detailed reply addressing the objections raised in the FER within the prescribed time period. In order to overcome objections, the Applicant may amend claims or provide. In certain cases, a hearing may also be scheduled before deciding the matter.
Nonetheless, If no reply is filed within the prescribed time, the application may be treated as abandoned.
If the Controller of Patents is satisfied with the filed application, the patent is granted, and a certificate of registration will be issued to the Applicant for a period of 20 years from the filing date, subject to further renewal.
Upon receiving a grant, the patent officially gets advertised or published in the Patent Office Journal. During the publication, any third party can oppose the patent registration within 12 months from the date of publication.
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