A patent is a Government of India‑granted exclusive right to the inventor to prevent others from making, using, selling, marketing or distributing the invention for a limited period of time, usually 20 years from the application date. A patent acts as an incentive for inventions and gives the rightful rewards to the inventors.
Patents in India are governed by the Indian Patents Act, 1970 and administered by the Indian Patent Office. The legislation lays down a rigorous framework for patent filing, patent search, patent grant, patent enforcement, etc. An invention to be patented in India must be new and possess features that exceed the existing knowledge in the field and must also have practical and applicable use in the field of industry.
Patent registration is very useful to gain an edge over competitors and to protect the invention. It also increases the value of the invention.
Key benefits of patent registration include:
In order to qualify under the patent law of India, an invention must meet particular criteria.
Patentable Inventions
Non‑patentable Inventions
The patenting process in India involves many stages, both legally and technically. Knowing what is involved will enable you to obtain proper protection for an invention.
The process typically includes:
An application for patent can be filed to the Indian Patent Office either by physical filing or through patent e‑filing. A provisional application can also be filed to get an early filing date and later the complete application can be filed. The application is scrutinized for grant of patent after removal of objections.
The process of filing a patent in India starts with identifying the invention and checking if it is new through a patent search. After that, a detailed patent application is prepared and submitted to the Indian Patent Office.
Key steps include:
It is always advisable to have your patent specification drafted and written with the help of an experienced patent lawyer or patent attorney, since it will not only increase the accuracy, minimize the chances of patent application rejection, but also ensure complete compliance with the Patents Act, 1970.
Our patent professionals at India Law Offices LLP assist clients from inception of ideas to commercialization, including every stage in between. Our team helps inventors, startups, MSMEs and large multinational corporations from around the globe to achieve the full potential of their inventions.
We assist clients through every stage of the patent process in India, from patentability studies, patent and design applications to patent prosecution, licensing, enforcement, and commercialization. Having patent lawyers and patent attorneys with considerable experience and relevant background, we provide legal advice with technical sense and guidance that is strategic and timely.
India Law Offices LLP is a one‑stop solution to ensure that your inventions are properly protected, managed, and monetized in the best possible manner. Whatever your requirement patent registration, patent filing, patent e‑filing, patent licensing or patent infringement counsel, we are there to assist and help you in all possible ways.
Whether our clients are businesses, individuals, or charities and voluntary organizations, we are always happy to receive an enquiry regardless of its size. We work across many sectors of industry.
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