Patent in India is mainly granted on the fulfillment of three most important points i.e. whether the invention is new, whether it involves an inventive step and whether it is capable of industrial application. By new invention we mean any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art. Inventive step means any a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in art. Industrial application means that the invention is capable of being made or used in an industry.
Patent Registration in India
In order to protect the interest of a particular invention it is extremely important to get it patented as early as possible. Patent not only safeguards the interest of the inventors but also protects it from being violated. The different forms of application in which a patent can be registered are National Phase Application, Divisional Application, Convention Application and Patent of Addition. The Time period to file different application from the priority dates vary from country to country. Indian Legal consultants are one of the trusted providers of Patent Attorney Services in India. Indian Legal consultants not only have professionals, Patent agents, Patent Attorneys and different experts in the field of Patent but also have an extremely talented group of youths who try their level best to get the invention patented as early as possible. Our group of associates keep an up to date record of various aspects such as filing the application before the deadline, sending Power of Attorney for Notarization and get it done at the earliest, filing Request for First Examination before due date, filing reply against First Examination Report, Replying promptly to the questions of the Examiner, providing each and every document at the request of the Examiner and to perform each and every services to get Patent Registration in India. The following are the details initially required to file a patent application along with other requisite documents.
- Full Name
- Kind of incorporation (e.g. partnership, company etc.)
- Country of incorporation (when applicant is not a person)
- If applicant is not the inventor, How applicant derived right to file patent application from inventor(s) (e.g., employment agreement, commission, assignment deed etc.)
Patent Opposition in India
In India, it is extremely important to register a Patent. Patent is granted for a period of 20 years. After that, the inventor ceases to have absolute rights in them. But till twenty years it is extremely important to safeguard the interest of the inventors. The most important priority of Indian Legal Consultants is to protect the rights of the inventors from being infringed with our Patent Services. Our battery of associates keeps a constant watch on all the patents advertised in the journal for grant. No sooner, they find any invention similar with the process or product of patent already granted, they starts to act. Once we receive confirmation from the concerned authority, we proceed with the next step for Filing Patent Opposition in India. Our team consists of Attorneys who are expertise in the field of Intellectual Property Rights for the past ten years
Apart from providing the following
- Patent Registration Services
- Patent Filing Services
- Filing of PCT Application into National Phase
- Filing opposition
- Payment of Annuity in respect of Patent
We, also provide services in respect of Restoration of lapsed Patents, Renewal of Patents (Payment of Annuity), searching of patents, providing status of various patents, filing of statement of working and any other function related to Patent registration and patent filing in India.
Patent Application in India
Patent application is mainly regarded as a formal document comprising of invention, drawings, claims and abstract which is submitted by an inventor in the concerned patent office. In India a patent application can be filed by a person claiming to be true and first inventor of the invention, any person authorised by the inventor, legal representative of the inventor or any other to whom Power of Attorney has been given by the inventor concerning the same. Each and every patent application must contain an abstract of disclosure, patent drawings, specification, claims, oath or declaration, and a filing fee payment. If provisional application is filed, complete specification is to be filed within 12 months. The term patent application either refers to the process of applying for a patent, or to the patent specification itself.
A patent application is mainly filed for grant of the patent and it cannot be filed unless authorised or signed by a patent agent authorised in this behalf. There are several kinds of patent application as follows: Ordinary application, continuation application, divisional application, conventional application and national phase application. In India there are many law firm which claim to provide various services concerning patent, but the most eligible and cost effective is Indian Legal Consultants.
A patent application must comprise of the following particulars at the time of filing i.e. there must be title of the invention, field of the invention, background of the invention, claims, abstract, and figures (if any). Apart from these there are different documents which add importance to the captioned patent application. These documents are copy of WIPO publication, copy of international search report, copy of application data sheet, copy of notification of transmittal of the international search report and the written opinion of the International searching authority, or the Declaration. (PCT/ISA/220), copy of international searching authority. (PCT/ISA/237). The deadline to file patent applications is different in different countries. But in general a PCT application into National phase has to be filed within 30 months from the priority date in different countries. A convention application has to be filed within 12 months.
Patent Filing Services
Intellectual property rights mainly consist of Trademark, Patent, Copyright, Design and Geographical indications. Unlike Copyright, Trademark and Geographical Indication a patent application cannot be filed by anyone. A patent application must be signed by an advocate or agent specially authorised to act as such in this regard. Registration of patent application is a very technical process and must be looked after by a professional, expert or skilled person in this field. Thus in order to safeguard the interest confined in particular patent application, it is professionally recommended by this site to take the benefit of knowledge and skill acquired by various advocates, agents and attorneys associated with this firm.
Patent Filing Process in India
In India a PCT application into National Phase is required to be filed within 31 months from the priority date. A convention application can be filed within 12 months with further grace period of six months at the discretion of the Controller. A patent application must be accompanied by Form 1, Form 2, Form 3 and Form 5. These forms must contain complete information about the invention, inventors and the applicant. Once the application is filed, the inventors are required to file a Request for first Examination in form 18 within fourty eight months from the priority date. After the request has been applied an examination report is issued by the examiner. The applicant is required to file a reply within one year from the date of receipt of examination report. If the Examiner or Controller as the case may be, gets satisfied with the reply than he shall publish the same in patent journal. If it is not opposed for a period of three months with further grace period of one month than it will be considered for registration. However a patent application can be opposed even after acceptance of the same. This is the basic procedure as far as patent filing in India is concerned. It is to be noted that if proper action is not taken before every due date than the application will be treated as abandoned by the client. So, in order to safeguard the interest of respective inventors, it is necessary to file patent application at the earliest and through professionals well versed in this field.
According to Indian patent Act, 1970 and the rules and regulation governing patent system through out the world, a patent can be obtained in respect of single invention, however if there are more than one invention than the applicant is suppose to file a divisional application comprising of the invention sought to be specified in that. An invention must be new, novel and it must involve an inventive step. An invention must be in respect of machines or article which has been manufactured or the process of manufacture. It can also be in respect of modification which has been brought in a particular article or its process. However drugs and medicines being important for the life of human beings cannot be considered as a topic for patent. The patent application must be filed by the true and first inventor of the invention or by any person to whom the patent has been assigned by the inventor. If the invention to be patented has been assigned by the inventor to someone else than it must clearly specify the limits of monopoly. The invention in question must be unique and must not be similar to the prior art of the same field.
Patent Registration Process
Patent application throughout the world can be classified into National phase application, Divisional application, Convention application and Patent of Addition. The process to register different patent applications varies in accordance with the statutory requirements of various countries. A PCT application into National phase cannot be filed after 30 months from the due date, however in India it is 31 months. Patent of Addition can be filed by the applicant any time before the grant of patent .A convention application is required to be filed within 12 months from the date of priority with further grace period of six months at the discretion of the Controller. A divisional application is filed when a particular application can be bifurcated into two inventions. Every patent application is required to be filed along with all the necessary documents. A patent is not examined unless a Request is filed in a manner as required by the statute. After the filing of request the examination report is issued by the Patent office against which the applicant is suppose to file a reply. If the Examiner gets satisfied with the reply he shall cause the patent to be advertised before acceptance or else he will issue notice of hearing. Thus when the advertised gets curtailed the patent gets registered for a period of twenty years. This is the basic registration process of patent. It is to be noted that a patent application cannot be submitted without the sign of authorised person and all such patent agent and patent attorneys are associate with this firm.
As stated aforesaid, patent law is very technical and should be handled by a agent or attorney well versed with the same. There are different types of patent application. Every application has some requirements and needs that has to be looked after in a proper manner. If the patent application is not filed or submitted in accordance with the statutory requirements than the same is liable to rejected by the Patent office of respective countries. A patent law firm is one which not only guarantees full protection to the invention in a systematic manner but also provides a team to deal with the matter. Thus it is professionally recommended by this site to take the benefit of advocate’s expert in this field so that patent can be protected and safeguarded.
Patent Litigation Law Firm
Patent is a concept which is required to be handled in a proper manner. There are a number of particulars which should be taken care of at the time of filing a patent application. A patent application must comprise of title of the invention, background of the invention, field of the invention, abstract, claims , figures(if any) and various other documents required pertaining to the same. Patent applications cannot be submitted without the signature of registered patent agent. Most of the patent agents are associated with law firms renowned in the field of Intellectual property Rights. The litigation part of patent application involves a lot of technical procedure which has to be curtailed legally. Thus it is professionally advised by the associates of this site to take the benefit of experts associated with the firm called.
Patent office mainly speaks of the place where different patents from all over the world are granted and maintained in a register concerning the same. However Indian patent applications needs to be filed at the office within whose jurisdiction the inventor resides or has a place of business. The patent office in India is under the control and supervision of government of India. The head office of patent is located at Kolkata, with branch offices at Delhi, Chennai, Mumbai and Ahmadabad. The patent office is looked after by Assistant Controller of Patents and Design who is also the head of the office. As a general rule all the proceedings under 39, 65 and 125 are bound to take place at the head office and other proceedings shall take place at different branch office within whose jurisdiction the inventor resides or has a place of business or invented the thing. Most of the times the decision given by the appropriate authority shall not change. The Controller of patents is mainly assisted by the Examiner and other officers well versed in this field. The officers are required to act under the supervision and control of the Controller.
Patent Specification Drafting
The drafting of specification is the most important part as far as paten application is concerned. It should be drafted taking into consideration all the aspects involved with the invention. The authenticity of the invention can be challenged by any person or party on the basis of its specifications and claims thus while drafting the specification all the probabilities that may rise from the invention must be considered so that the patent application cannot be rejected by the Examiner or any authorised person. A patent application should not contain unambiguous claims since claims are considered as the most important part of patent application. Thus, while specifying the claims the main priority of the invention should be elaborated systematically. The claims should neither be too narrow or it should be too wide, it should be specified within the sphere of its limitations. The specifications should be drafted in good faith and without affecting the interest of anybody. Similarly as per the rules and regulations governing Indian Patent law in case of partially valid claims the patentee will not get relief in an infringement suit unless he proves by evidence that the invalid claims have been framed in good faith and with reasonable knowledge and skill. Thus it should be noted that each and every patent application must be drafted systematically so that it cannot be rejected by the examiner or any authorised person looking after the same.
Patent Trademark Attorney
Patent and trademark are two of the most of the important concepts of Intellectual property rights. The base of intellectual property rights is based on the pillars of these two concepts. A trademark application can be filed by the applicant, advocate or any agent authorised by him to act on his behalf. However a patent application cannot be filed without the signature of registered patent agent. The registration part of both the concepts involves a lot of hurdles and impediments which are required to be handled appropriately. In each and every country there are experts who are authorised by the respective government to act as such patent or trademark attorney. In India these people are called patent and trademark agent. These are those attorneys who acquire license from the government to act as such agents. Thus, if the applications are required to be registered and prosecuted in a proper manner than there is no better place than. Is a full service based firm which offers services to its clients 24 x7.
Intellectual Property has become today the most sought after wealth in the world. With increasing risk of duplication and forgery of ideas, inventions and products, the need to protect and secure the unique and individual identity of anything new, has become inevitable. read more…
A person who is licensed to practice law, and has expert qualifications required for representing clients, for acquiring patents i.e. exclusive rights is known as a Patent Attorney. A patent attorney acts in all the matters regarding patent law and practices like prosecution and defense of patent rights, patentability, validity and infringement opinion etc. The Attorney carries comprehensive searches for novelty, prior art and validity. As a member of a profession of around 1500 members, an Attorney has expertise in the field of intellectual property.
Indian Patent Attorney
Indian Patent Attorney is a licensed law practitioner who has powers to embody clients for obtaining patent protection. The designation of Patent Attorney is not specifically defined in India. The criterion of eligibility to be registered as an Indian Patent Attorney includes being an Indian citizen and minimum 21 years age. Just like foreign patents are not valid in India, similarly, Indian patents are not valid in any other country.
International Patent Attorney
A registered International Patent Attorney is a specialist in representing clients for obtaining international patents and all the matters related to patents like patent application prosecution, patent application drafting and filing, trademark filing, trademark searches, trademark application prosecution, copyright registration, etc. An international attorney is the right source for protection of intellectual property. Besides, an attorney also assists his clients in developing their patent strategy for obtaining patents, minimizing generic competition and maximizing patent based revenue. read more…
A patent is a set of prerogative and exclusive rights that is granted to an assignee or a discoverer by the government for a particular period of time. It means that any other person other than the inventor doesnt have a right to use, sell, offer or import a patented invention. Usually, the term of patent is 20 years from the filling date. A patented item can be sold, mortgaged, assigned to other, licensed, given away or abandoned. Though patent is an exclusionary right, but the patent owner necessarily doesnt have the right to exploit it. Specially, in case, if the invention is an improvement of prior invention. The objective of patent law is to encourage scientific research, new technology, and industrial progress.
International Patent Laws
Under international patent laws, an individual is granted certain sets of exclusive rights for a fixed duration, in which the inventor has to disclose his invention. This law protects the interests of the patent holder by minimizing generic competition and maximizing patent based revenue. When an inventor acquires a patent then it is valid only within the territorial boundaries and not in the other countries. As per the international patent law, any other person cannot sell, offer or import a patented invention. And anybody using the patented invention is considered as a criminal. These laws differ for every country. read more…
If a patented invention is used, sold, transferred or imported without any permission from the patented owner, it is considered as a crime under Patent Infringement Law. As patents are valid only in territorial boundaries and not valid in other countries, then the infringement is only possible only in that country where patent is in force. Patents are generally referred as claims that prohibit other persons, besides inventor, to use, sell, import or transfer the patented invention. So, before using, selling or importing any patented invention, one should take permission from the owner to avoid any kind of infringement regarding the patent. read more…
A countrys legislation controls the use of patents under the Patent Act. Patents generally instigate scientific research, new technology, and industrial progress. Patent Act varies from country to country.
Indian Patent Act
In India, it this act is coordinated by the superintendence of General Controller of designs patients, trademark patent and geographical indications. India houses four patent offices from which the head patent office is located in Kolkata and other are located in Chennai, Mumbai and Delhi. As per the direction of the controllers, examiners of each patent office discharge their work. Generally, 20 years from the date of registration is considered to be the patented period in which the owner has the rights of patent. In this period, patented invention cannot be used, sold, transferred, and imported by any other person without obtaining permission from the owner.
International Patent Act
Under this, intellectual property rights are represented at an international level. If once the patent owner registers the patent, then he gets the exclusive rights to use, sell, mortgage or transfer his invention for the term of patent. It also means that the patented invention cannot be used, sold or distributed without any consent from the patent holder. And if still someone uses the patented invention for his benefits, then it is considered as a crime and the criminal is subject to punishment. read more…
Patenting is a very time consuming and strenuous process which can be a little expensive for the inventor. Only when the inventor fills a patent application, he is subject to be the assignee of the patented invention. A request pending at a patent office by the owner of the patent for getting registered as an official holder of the invention is referred to as patent filling application. This application form encompasses the description of the invention, official norms and all the information regarding the invention. When government grants the domination of the invention to the inventor, the inventor is the registered holder or assignee of the invention that is patented.
Intellectual property law firms excels in offering aid regarding various aspects of intellectual property like patent filing, international patent filing, trademark registration and patent registration. These services are provided by a pool of experienced and well qualified attorneys and personnel, who take care of the interests of the patent holder or the inventor applying for patent. By filling Patent form applications only, an owner can make the invention his own property for a fixed duration. read more…
Patent drafting process is considered as the most significant but the most difficult process. It is governed by Patents Act and an office has been established to administer different provisions of patent drafting. This process is mandatory as the inventor has to draft his filled patent application for acquiring patent. If an application is well drafted, then only the invention has a chance of getting patent. Inventionâs entire fate depends on how well the application ahs been drafted. While the prosecution, management and maintenance of the invention, drafting plays the major role.
A patent document available in any official journals mainly comprises of Cover Page, First Page and a Front Page. First, mention the bibliographical information of the patent, which may include factual information of the invention. Every patent office has its own set of bibliographical information. A normal cover page provides name of the applicant, inventor and title of the invention. Then the date of priority, filing, publication, abstract and grant of patent is mentioned. This constitutes the patent drafting process. A draft should completely describe a specific process, composition of matter and the mode of operation or principle wherever applicable. read more…
Patent validation is a requisite for making an invention patented. An inventor needs to go though various steps like patent filling, patent drafting to acquire the patent of his invention. Obtaining exclusive rights are a must for any invention, otherwise someone else can claim owners invention ass his and sale it, transfer it or import it.
Once an owner acquires patent from the government, he gets the exclusive rights of the invention and he is liable to use it, sell it, mortgage it or destroy it. The patent rights are valid only in the territorial boundaries and not in other countries. If an owner has validated his invention and some other person is using it, then the other person is involved in infringement of the law and he is liable to punishment by the government. Though patent validation is an arduous task, but an invention to get patented needs to go through this process. read more…