Stages of Patent Process
What are the advantages of filing a patent?
A patent offers legal protection for new innovations and business ideas by securing the rights of the inventors.
Drafting and filing of patent application is a comprehensive process involving identifying novel and inventive features of the invention, conducting a prior art search covering patent and non-patent literature, determining patentability of invention, drafting strong set of patent claims and writing detailed description of invention enlisting best mode of working, filing of patent application and complying with all applicable procedures, handling patent office objections by way of amendments and arguments, obtaining patent registration certificate, and paying the renewal fee to maintain the status of patent.
Patent Office Procedure in India
After a patent application has been filed, a request for the examination of the patent application will be made vide Form 18 or Form 18A. This does not really mean that just after filing of the patent application request to Indian Patent Office is being made. It is up to the period of 48 months that the applicant can choose or wait to see whether his application is getting examined without such a request. It is also to be noted that just because an application has been put for the examination of patent application does not necessarily mean that the application will be queued for examination. A patent application generally takes up to 18 months’ time for publication in the journal however if an early publication is required that can also be requested before the Indian Patent Office vide Form 9.
A patent application shall be queued for examination only after satisfying the following conditions, including, a request for faster examination has been made of the patent application, and, publication of the patent application has been done. If the patent application is a PCT national phase application then the Indian patent application will be queued for examination post satisfying the appended requirements including, a request for patent examination has been made, the patent application has already been published in the journal, and a time period of 31 months has already been passed post the priority date unless an ‘express’ request for examination is filed. Once the examination request has been made before the Indian Patent Office then the applicant can expect the examination report within 1 to 2 years from the filing of such request, depending upon backlog at the patent office. The process of patent examination includes determining patent eligibility by the patent examiner in accordance with the Indian Patents Act, 1970.
Patent attorneys are licensed by the patent office to solve patent related problems for the clients. Job of patent attorney begins from the initial stage of patent search, and continues till patent prosecution stage that includes regular interaction with the patent office to counter the objections raised by the patent examiner by way of patent office actions. Patent attorneys also manage international patent filings through network of foreign patent counsels that results in creation of a global patent portfolio. Patent attorneys also investigate potential patent infringement by third-parties, and work closely with clients in enforcing patent rights by way of cease and desist notices, patent oppositions, patent infringement lawsuits etc.
Data Driven Patent Analytics
Patent research has turned out to be a critical instrument in the patenting process, and this is increasingly being recognized for its value proposition. As business organizations seek to maximize their profits in the research based-business, they are increasingly showing a preference for information-based decision-making processes over information-less or clinical decision making processes. With the advent of big data analytics, this is becoming more practical.
The patent searching process has become highly specialized, requiring an intimate knowledge of the specific technology at issue. The ability to tap into the competitive markets that provide the most value has become an essential value proposition. To this end, the patent searching process has developed particular technologies to help facilitate the business of identifying the competitive technologies. The patent searching technologies are primarily focused on large and small business organizations. This requires the business owners to identify the targeted customers. These targeted customers are the critical target audience for many patent research activities in the life sciences domain.
In this respect, the patent searching process includes a variety of techniques that help identify potential patentable business technologies. Patent searching technology can either be done manually or using an advanced, data-driven and -automated, data-rich technologies. This makes the patent searching process time efficient and cost effective for the business organizations. It also allows the companies to conduct a patent search on a competitive environment without any manual effort. This results in a rapid identification of patentable technologies.
As strategic patent counsel, we work with clients in aligning the patent prosecution process with client’s core business strategies, in addition to drafting patent claims, patent application preparation and prosecution focused on securing patents, determining freedom-to-operate rights, and analysing validity of granted patents.
We serve as patent prosecution attorney for clients across a wide range of sectors, including, computer software, mobile applications, aeronautics, automobiles, internet of things, robotics, artificial intelligence, blockchain, cryptocurrency and drones, as well as manufacturers. In life science category, clients range from healthcare, biotechnology, pharmaceutical, energy and environmental industries.
As patent attorney with expertise in software patents and mobile app patents along with Internet of Things (IoT), we regularly advise clients to embody business methods as technology patents because a business method patent can serve as a powerful asset for companies to leverage their intellectual property assets. At the beginning of the patent process, we determine the patentability, scope and enforceability of the innovate process and product. Patent attorney also works with clients in securing patents for clean technology sector, including, green technology inventions, energy generation, conservation, renewable energy inventions, etc.
Patent attorneys generally possess dual qualification in technology and law, mostly with advanced degrees in technical fields such as pharmaceuticals, mathematics, chemistry, biochemistry, genetics and aeronautics. At Law Office of Rahul Dev — Tech Corp Law Group, we assist clients as a team of professionals having prior work experience in technical fields such as engineering and manufacturing, aerospace, robotics, plastics, computer software, biochemistry, molecular biology and neuroscience. Our core patent services include, patent research, patent analytics, patent searching, patent prosecution, non-infringement and freedom to operate opinions, technology transactions and licensing, as well as alternate dispute resolution and commercial litigation.
As licensed patent attorney, we represent clients during the entire patent registration process in India, including filing of patent applications and trademark applications. We advise clients regarding duration of a patent and a trademark, patent and trademark renewals, patent filing forms, patent filing fee, trademark filing forms, trademark filing fee, protecting process and product both by patents, protecting brand and logo both by trademarks, analysing patent portfolio for strength and weaknesses, etc.
Rahul Dev, Patent attorney in India, has conducted sessions for clients to convey the message that patent provides a strong protection for innovations, and having patent rights in India can help in resolving patent-related problems in addition to protection of intellectual property rights.
We work with clients to formulate a long-term patent strategy to protect the patentable inventions, drafting of patent applications, filing patent applications in India, initiating legal actions against patent infringing parties, along with developing custom-tailored solutions to complex patent and legal matters.
Law Office of Patent Attorney Rahul Dev provides comprehensive solutions to all intellectual property needs of clients, including patent filing services in India. We operate as a close network of patent attorneys, patent agents and patent lawyers enrolled with Indian patent office and bar councils in India.
We assist individual researchers and inventors who develop novel and inventive technologies by searching relevant prior art (patent database and non-patent literature), determining patentability of invention, drafting patent applications, filing domestic and international patent applications in India, filing design applications in India, filing trademark applications in India, providing offshore patent services to global patent attorneys and patent law firms, providing patent outsourcing services, and the like.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyerpracticing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter
Quoted in and contributed to 50+ national & international publications(Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
We represent our clients as leading patent lawyer in Gurgaon and patent attorney in Gurgaon for providing various patent services in India.
