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Drafting, filing and prosecution of patent applications
Our team of passionate domain experts, registered patent agents and patent attorneys with strong technology backgrounds is well versed with drafting, filing and prosecution of patent applications in India and abroad. We undertake complete prosecution of patent applications in various other geographies such as United States, Europe, China, Japan, Australia, Canada, Republic of Korea, Singapore, Brazil, Africa etc. through our associates.
We have efficiently adapted to the online filing portal of Indian Patent Office and PCT and provide filing receipt with application number and the Priority Date or date of filing instantly.
We have experienced professionals with strong technology background who can efficiently handle patent related work in the following technology areas:
- Software/Information Technology (IT)
- Medical Devices
- Life sciences
Having patent rights is meaningless if you don’t enforce them.
Having a team of experienced patent attorneys, we also handle all post registration procedures such as enforcement of IP rights through civil and criminal proceedings. We have expertise in handling oppositions (pre-grant and post-grant), infringements, revocation of patents at Indian Patent Office, Intellectual Property Appellate Board (IPAB) and High Court, as the case may be.
Some good reads
Filing for a patent is a very exciting time for any organization or an individual inventor. Invention results from an innovative mind and putting it into prototype may require long hours of hard work and of course, funds and resources to see the process through to its completion. For individual inventor, it is a pleasure to be called as an inventor, whereas for a business organization, there may be various reasons to file for a patent. Some of the reasons for it could be filing for a patent may add to the number of applications filed in a given financial year or it might be for securing invention before it becomes publicly known or before commencing the public relations activities/a new product launch or commercialization or often getting application number before talking to investors especially in case of start-ups.
Patentability of an idea is one of the most common, controversial and toughest questions a patent attorney has to often reply in the first meeting with the enthusiastic and passionate inventor. Though there is no clear answer to this question to be replied in YES or NO but it is worth exploring at times. The answer to this question may vary from idea to idea.
After working intensely for months on the amazing idea, investing money, resources, it’s time to fulfill dreams, set-up new business with the idea and invention that has not been thought about or performed by anyone else in the world before.
This is the most common thought an inventor has before he approaches a patent attorney.
Is there anything else that is required to be done much before? Yes, before commercialization and filing a patent application, there are a few essential steps to be performed before meeting your attorney.
Planning for a patent?
What is the first step?
Once you made up your mind to file for a patent and the first meeting with attorney/agent is fixed, it is extremely important for you document the invention systematically. What all shall be documented and how much details are enough, has to be made clear before you proceed further with drafting specification.
As per Indian Patent Law, one patent application shall relate to a single invention. However, if more than one inventions are to be claimed in single application, it is necessary to establish that the inventions so claimed have unity and they form a single inventive concept. The golden rule is that the claim (s) of a complete specification shall relate to a single invention, i.e. the concept of unity of invention shall be there.
United States Patent and Trademark Office (USPTO) often is one of the favorite or lucrative destination for the applicants for filing a patent application for various reasons, the prime reason being that usually the target as well as potential market of the invented product or process is US. Another major reason for interest in filing in US is that US patent laws permit broader spectrum of software patents compared to Indian Patent Law which says that software per se is not patentable till it has technical application. For all these reasons, at the time of filing for a patent, the biggest dilemma an inventor has is where to file for a patent first, in India or US?
From the date of filing of patent application to the grant is a long procedure and often disappoints the inventor for the reason that grant of patent is going to take long time and securing patent of his interest becomes a great worry till then. However, when a patent application is filed (provisional or complete specification), patent office issues a receipt on which date of filing or priority date is stated. It is worth noting that from that date, the product for which patent has been applied for or product made by a process for which patent has been applied for can be marked as “patent pending” or “patent applied for” as a warning or a notice, meaning that patent has been applied for but not yet granted. The marking as an express notice serves to notify potential infringers, that they may be liable for damages, seizure, and injunction once a patent is issued. The patent law gives applicant all rights and privileges of a patent holder except that law suit cannot be initiated till patent is granted.
Name of your business is a valuable asset.
The word ‘Trade mark’ means a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others. Our services in this area include:
a. Trademark search
Trademark search to reveals identical or similar trademarks that already exist as per records of Trademark Registry, based on which one may opt for the preferred route for trademark registration.
b. Trademark registration
Trademark registration and prosecution including preparation of application for trademark registration and prosecution, replying to office action, attending hearing, amendment, renewal, handling and opposition of trademark etc.
Copyright can be enforced only when it is registered.
Copyright registration and prosecution
Copyright protects works of authorship belonging to literary, dramatic, musical or artistic work, a cinematograph film, or a sound recording. We provide services in the area of filing application for copyright registration at Copyright Registry, New Delhi as well as U.S. Copyright Office.
Even though copyright is inherent in nature, copyright registration is very important as it serves as a proof of ownership. Registration of copyright in any one of the member countries of Berne convention is valid in all member countries of Berne convention. Since India is a member of Berne convention, any work registered in India is valid in all the member countries of the Berne convention.
Click here to see member countries of Berne convention.
4. Industrial Design
Apparent look of the product makes a mark.
Industrial design registration and prosecution
Industrial design is the use of a combination of applied art and applied science to improve the aesthetics, ergonomics, and usability of a product, but it may also be used to improve the product’s marketability and production. An industrial design consists of the creation of a shape, configuration or composition of pattern or colour, or combination of pattern and colour in three dimensional form containing aesthetic value. We assist with registration of design with Design Registry, India.
Registration of design is important to claim and enforce rights on the design. Registration process includes preparing & filing application and prosecution, such as, replying office action, attending hearing, amendment, renewal, opposition etc.