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PATENTS
 
OUR SUBSTANCE

Our attorneys are seasoned intellectual property professionals:

  • Our patent attorneys have technical and scientific backgrounds. Our industry experience encompasses: chemistry, chemical engineering, electronics, electrical engineering, physics, structural and mechanical engineering, material science, business strategies, computer sciences, biology, biotechnology and a host of related disciplines.
  • Many of our attorneys have worked as Examiners in the Indian Patents and Designs Office and have an insider's knowledge of practice before it - from administration to examination to opposition/cancellation to appeal
WHAT IS PATENT

A patent is a territorial right to facilitate the inventors by protecting their inventions. Patent, protects new and useful ideas, and gives the inventor a temporary shelter from the forces of market competition. The shelter is limited to the precise terms of the claims of the patent, but it is sturdy and durable for many years (20 years). The premise of the patent system is that this shelter and the resulting competitive advantage encourage invention because inventors know that they can reap a financial reward from their ingenuity.

The patent system also promotes technological and business competition because patent holders must disclose the details of their inventions in valuable consideration for the specified period during which they have exclusive rights to prevent others from performing, without authorization, the act of making, using, offering for sale, selling or importation over their exploitation. As a result, both they and their competitors race to improve those inventions and to use the technology to create the new ones

 
LEGISLATION

The Patent system in India is governed by the Patents Act, 1970 as amended by the Patent (Amendment) Act, 2005 and the Patents Rules, 2003 as amended by the Patents (Amendment) Rules, 2006 effective from 05.05.2006.

 
WHO MAY APPLY

Any person claiming to be the true and first inventor, either alone or jointly with any other person or his / their assignee or legal representative of any deceased inventor or his assignee.

 
THE SALIENT FEATURES OF THE PREVAILING ACT
  1. Product patents in respect of novel compositions, drugs, chemicals, agrochemicals, food and new micro-organisms is now allowed.
  2. Mathematical methods, business methods and algorithms per se are not patentable. However, the software in combination with hardware is patentable and software program having improved technical effect and having technical application in Industry is patentable.
  3. Second use of known chemical or pharmaceutical compound exhibiting unexpected results, having synergistic effects is patentable but the “mere new use of a known substance” is not patentable.
  4. The permission for filing an application for patent out outside India and an international application with out filing the corresponding application for patent (originated from India) in India, is mandatory. The permission is granted from different Patent Offices (based on jurisdiction) on a prescribed application with fees.
  5. A provision relating to Exclusive Marketing Rights (EMR) has been abolished.
  6. A Pre-Grant Opposition proceeding has been included to allow any third party to file opposition against the Grant of the Patent taking grounds of novelty, inventive step, industrial applicability etc.
  7. The provision of Appellate board has been established and any interested person can appeal against any grant/ refusal of Patent in the Appellate Board.
  8. A Patentee will now be able to claim damages from the date of Publication of the Patent application, provided that the infringement is established after grant. It will also be possible to enforce a Granted Patent even though it may be under opposition.
  9. The import of a patented product (including those relating to pharmaceuticals, chemicals, agrochemicals, food and micro-organisms) and such product made by a patented process in India without the consent of the patent owner will now be construed as an infringement along with manufacture, sale and use of the product in India.
  10. Import sale or use of the patent product for obtaining approval from a regulatory authority will not be considered as infringement.
  11. The sealing of the Patent applications has been abolished and the grant of the patent has been introduced.
 
TYPES OF PATENT APPLICATIONS
  • Ordinary Application
  • Application for Patent of Addition (granted for improvement or Modification of the already patented invention, for an unexpired term of the main patent).
  • Divisional application (in case of plurality of inventions disclosed in the main / parent application).
  • Convention application, claiming priority date on the basis of filing in the Conventional Countries.
  • National Phase applications under PCT
 
WHAT IS A PATENTABLE INVENTION

A new product or process, involving an inventive step and capable of industrial application is patentable invention. It means the invention to be patentable should be technical in nature and should meet the criteria viz novelty, inventive step and industrial applicability.

 
DOCUMENTS REQUIRED FOR FILING AN APPLICATION FOR PATENT
  • Application Form in duplicate (Form 1).
  • Provisional or complete specification in duplicate. If a provisional specification is filed then it must be followed by the complete specification within 12 Months. (Form 2).
  • Drawings in Duplicate (If necessary).
  • Abstract of the invention in duplicate.
  • Information and undertaking listing the number, filing date and current status of each foreign patent application in duplicate (Form 3).
  • Priority Document (if priority date is claimed) from the convention application or as directed by the Controller.
  • Declaration of inventorship (Form 5)
  • Power of Attorney (if filed through Patent Attorney).
  • Fees (as per Schedule)
 
TIME PERIODS AND PROCEDURES

The prescribed time for putting a patent application in order for a grant is now 12 months from the generation of the First Examination Report (FER).

The request for examination has to be filed within 48 months from the first priority date or the date of filing of the application, whichever is earlier.

No period has been specified for the Examiner to take up examination after request has been filed.

All Patent applications filed will be published after expiry of 18 months from the priority date. However there is a provision for early publication with prescribed fees.

Time limit for the recordal for the assignments in respect of the granted patents has been withdrawn

 
RENEWAL FEE

To keep the patent in force, renewal fee is to be paid every year. The first renewal fee is payable for the third year and must be paid before the expiration of the second year from the date of the patent. If the patent has not been granted within two years then renewal fees may be accumulated and paid immediately after the patent is granted, or within three months of it’s recordal in the Register of Patents or within extended period of 9 months, by paying extension fees of six months, from the date of recordal. If the renewal fee is not paid within the prescribed time, the patent will cease to have effect

 
RESTORATION

Application for restoration of a patent that lapses due to non-payment of renewal fees must be made within 18 months of lapse. The application is to be filed in the appropriate office according to the jurisdiction.

 
OUR SERVICES

We provide our consultation in:-

  • SEARCH
  • PATENT DRAFTING
  • PATENT FILING AND PROSECUTION
  • RENEWALS
  • RESTORATION
  • PRE GRANT OPPOSITION
  • POST GRANT OPPOSITION
  • APPEALLATE BOARD PROCEEDINGS
  • LITIGATION
  • PATENT INFORMATION /WATCH

    AND

    OUTSOURCED ASSIGNMENTS
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