Patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent. So, it excludes others from making, using, selling, and importing for a certain number of years. Protection is limited, restricted and applicable only within the territory of the country where such protection or IPR has been issued and granted. However, every inventor has a right reserved to themselves which allows them to file a similar type of patent application at any other countries where he is willing to get the IP protection, provided that such application is filed within statutory time period from date of filing of application in his own country. Below are the steps for patent protection:
In general, applicants can prepare their patent applications and file them without assistance from a patent attorney. However, given the complexity of patent documents and the legal skills required, such as claim drafting, it is highly advisable to seek legal assistance from a patent attorney/agent when drafting a patent application. A patent draft is a techno-legal document, whereas a publication is a technical document. We will draft your patent applications in accordance with the legal requirement of national patent offices.
Filing a patent application in the Indian Patent Office is the first step towards securing a patent to your invention in India. To file a patent application, a set of forms has to be submitted to the patent office. First provisional application can be filed when the invention has not yet reached the final stage i.e. it is not complete. However, in order for the patent to be granted, a provisional application must be followed by a complete specification within 12 months. Moreover, the provisional application should be sufficiently detailed and must be drafted very carefully to ensure that the priority rights are secured for your invention. We can file complete application directly if applicant is ready with data for their invention. We will file national as well as foreign patent applications for you. Patent documents can be filed either through online or at the patent office in respective jurisdiction: Mumbai, Kolkata, Delhi, and Chennai.
Foreign Filing license
Applicant or inventor may decide to file a patent application directly in a foreign country or as an international application under PCT other than in India, without first filing a patent application in India due to various reasons i.e. the applicant may first file the patent application in the foreign country due to less or no market potential in India, invention being considered as a non-patentable subject matter in India etc. The applicant or inventors in such cases may require a Foreign Filing License (FFL) from the Indian Patent Office. When an inventor or a company, who is a resident in India, desires to file a patent application first in a country other than India, it is necessary to obtain an FFL from the Indian Patent Office. We assist you in filing foreign patent applications by procuring approval from India Patent Office
PCT International Filing
Patent Cooperation Treaty (PCT) is an international treaty with more than 150 Contracting States. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. We file PCT International applications which will enable you to obtain worldwide publication and enter into different national phase.
In prosecution, a patent application has to pass through various steps after publication of the same. After filing a patent in India, the overall process thereafter till the registration of patent is termed as patent prosecution in India. We work closely with clients to represent their interests across all stages of patent prosecution, including patent publication, patent examination, reporting of patent office action or patent examination report, responding to patent office actions or patent examination reports by way of arguments to counter novelty and inventive step (non- obviousness) rejections, attending hearings before the patent examiner, submitting written submissions at the time of hearings, obtaining patent registration certificate, and paying patent renewal fee. We also handle pre-grant patent oppositions and post-grant patent oppositions. The whole process involves the interaction between the applicant/Patent Agent and Patent Office with respect to the patent application. We would be glad to help you for the entire process.