What is a Patent? Why get a invention protected?

A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention.

A granted Patent gives the owner a monopoly to an invention and entitles the owner to prevent others from exploiting it. In most countries, Patents can last up to 20 years and they are available in all technological fields, from engineering to software and biotechnology.

As an inventor it is important to secure your rights in return for the time and money put in by you in lieu of your invention.

Patents are registered rights. To obtain patent protection it is necessary to file an application with a detailed description of the invention and explain how it will work. Drafting a patent application requires considerable care and skill. Before a patent is granted the application must be first searched by the Patent Office to see what has already been published in the same field, it then it goes through the stage of examination.

It is worth pointing out that to get a patent granted, an invention must be new, that is, not previously published or sold or obvious to a person skilled in the art. It can be a product itself or a process or method for making the product and must be capable of being applied industrially.

New ideas in themselves are not patentable. You must be able to describe how the idea will be implemented in practice.

Services We Provide

The lawyers, patent agents and legal assistants in our patent group provide all of the services required to secure and maintain patent ownership and protection, including:

• Counseling and preparation of opinions on infringement and validity of patents.
• Litigating cases involving patent infringement, validity, licensing and related matters.
• Investigating and preparing opinions on the potential patentability of inventions.
• Drafting and filing provisional, complete and Patent Cooperation Treaty patent applications.
• Assisting with technology transfer and know-how licensing.
• Assisting clients in using their patent rights to leverage their profitability.

Requirements for Filing

For PCT National Phase Applications:

The PCT National Phase application has to enter Indian National Phase within 31 months of the date of first priority.

Minimum filing requirements (required before 31 months)

• Name, address and Nationality of Applicants and inventors.
• PCT Application number & filing date.
• Priority application number, date of filing and country
• Original Patent specification, claims and drawings in English.

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Complete filing requirements: (may be filed after 31 months)

• A copy of International Preliminary Search Report and International Preliminary Examination Report (if requested).
• Amended claims, if any, filed under Art. 19 of PCT.
• Assignment deed in favor of the Applicant (by mail).
• Power of Attorney (By mail)
• Form PCT/IB/304 (from for notice of transmittal of priority documents)
• Following information regarding the application filed in other countries, if any (as far as available):
• • Name of the Country
  • Date of Application
  • Application Number.
  • Status of the application
  • Date of publication
  • Date of grant

Application claiming convention priority

The Indian application has to be filed within 12 months of first filing in convention country.

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Documents required (required before 12 months)

• Certified copy of Priority documents.
• True Translated copy of complete specification filed in convention country, if original application was not is English.
• Certificate from the applicant or a person duly authorized by him confirming that translation is true and correct.
• Assignment deed
• Power of Attorney
• Following information regarding the application filed in other countries, if any (as far as available):
• • Name of the Country
  • Date of Application
  • Application Number.
  • Status of the application
  • Date of publication
  • Date of grant Indian Patent

Filing Requirements:

• Full name, address and nationality of the Applicants (s)
• Full name, address and nationality of the Inventor (s)
• Title of the Invention
• Patent Specification (provisional of complete including drawings and abstract)
• Power of attorney
• Assignment deed
• Following information regarding the application filed in other countries, if any (as far as available)
• • Name of the Country
  • Date of Application
  • Application Number.
  • Status of the application
  • Date of publication
  • Date of grant