Patent Filing Services in India
PatnTech provides patent filing and related services in India and other jurisdictions. A patent grants statutory rights to an inventor for a limited period, subject to compliance with applicable patent laws. In India, patents may be granted for inventions relating to products or processes that satisfy the requirements of novelty, inventive step, and industrial applicability.
Patent protection in India may cover devices, systems, methods, and certain computer-related inventions involving a technical contribution.
PatnTech also assists clients with Patent Cooperation Treaty (PCT) applications originating from India.
Patent Services Offered
Patent Prior Art Search
Before filing a patent application in India, a prior art search may be conducted to identify existing patents and non-patent literature relevant to the invention. This helps in assessing patentability and preparing an appropriate filing strategy.
Patent Drafting and Illustrations
Assistance is provided in drafting provisional and complete patent specifications based on the stage of development of the invention. Patent drawings and illustrations are prepared in accordance with patent office requirements. Drafting support is provided for filings in India and selected foreign jurisdictions.
Filing of Patent Applications
Patent applications may be filed:
- Directly in India;
- Through the PCT route; or
- Directly in foreign jurisdictions, subject to applicable laws and procedures.
Patent specifications are prepared with reference to jurisdiction-specific requirements, including claim format, disclosure standards, and fee considerations. Coordination support is provided for filings before foreign patent offices such as the United States Patent and Trademark Office, the European Patent Office, and other national or regional offices.
National Phase Entry in India
Services are provided for foreign or PCT applications entering the Indian national phase. This includes review of application documents and procedural compliance with Indian patent law requirements.
Provisional Patent Application in India
A provisional patent application may be filed to secure an early priority date while further development of the invention continues. Assistance is provided in preparing and filing provisional specifications in India.
Patent Prosecution
Patent prosecution services include:
- Reviewing examination reports issued by patent offices;
- Preparing and filing written responses; and
- Assisting with hearings, where applicable.
Support is provided for office actions issued by the Indian Patent Office and selected foreign patent offices, including the United States Patent and Trademark Office, the European Patent Office, and other jurisdictions.
Patent Validity / Invalidity Analysis
Patent validity or invalidity searches are conducted to assess the strength of granted patent claims or to identify prior art relevant to one or more claims of an issued patent. These searches may be used for internal assessment, licensing discussions, or dispute-related analysis.
Infringement Analysis and Freedom to Operate (FTO)
Freedom to Operate (FTO) searches and infringement analyses are conducted to evaluate whether a product or process may potentially infringe existing patent rights in India. This analysis supports informed decision-making prior to product launch or commercialization.
Patent Services in India
PatnTech provides patent filing, prosecution, and advisory services in accordance with Indian patent law and applicable international procedures.
FAQs
What is a Patent?
A patent is a legal right given to the patentee by the State to exclude all others from making, using or selling the invention for a certain period of time, usually 20 years. Subsequently, the inventor must disclose the invention so that it is free for all others to use when the patent expires.
Why do I need a Patent?
Securing a monopoly for a technical invention and also to create a valuable Intangible Asset. Today, a large portion of assets of major companies across the world are in Intangible form. Nearly 90% of the value of the Big Five tech companies(Amazon, Apple, Microsoft, Facebook and Alphabet(Google) comes from their Intangible Assets.
What is patentable?
For a valid patent, an invention must be
- novel
- involve an inventive step
- be capable of industrial application.
What is Novelty?
An invention is new if it does not form part of the state of the art. The state of the art comprises everything made available to the public, anywhere in the world, by means of a written or oral description, by use, or in any other way, before the date of filing of the patent application.
What is an Inventive Step?
It is a feature of an invention that involves a technical advancement as compared to the existing knowledge or having economic significance or both, and that makes the invention not obvious to a person skilled in the art.
What is prior art?
Prior art is evidence proving that the invention was known earlier. Prior art may include published disclosures, public demonstrations / use, disclosed to the public by other means, and oral descriptions,
I have disclosed my invention in a conference or on Social Media; can the corresponding publication stop me from getting a patent?
The prior art constitution varies among various jurisdictions. For example, the US patent law accepts “your disclosure” if it has been made within a year prior to the patent filing date. Other countries including India and Europe have a first to file concept where your own disclosure can constitute prior art for your patent application.
Do I need to conduct a patent or prior art search before filing a patent?
A patent search helps to know if your invention already exists or is similar to any other known invention. You can explore patent databases and other available resources to identify prior art.
What happens if there is prior art of your invention?
It simply means your patent application may get rejected on the ground of not being unique or being similar to an existing invention.
What is a Provisional Patent application?
A provisional application is a legal document filed before the Patent Office that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional or complete patent application within one year.
What if I don’t file a complete patent application after filing provisional patent application?
The provisional patent application gets abandoned and you cannot claim priority to your provisional patent application.
What is the complete specification?
A complete Specification is a regular patent application that the patent office prosecutes, examines and grants. A complete specification consists of the full disclosure of the invention along with claims that define the legal limits of the invention.
What should a patent specification contain?
Field of invention.
Background of the invention.
Brief summary of the invention.
Brief description of the drawings.
Detailed description of the invention.
Claims.
Abstract
Drawings, if any.
What does patent pending mean?
The term “patent pending” refers to a patent application that is pending before the patent office. Patent pending means that the application has been filed with the patent office, the application is pending with the patent office, but no patent has been granted or issued.