Patent Lawyers in India

PATENT REGISTRATION IN INDIA

At Legismith Partners LLP, our skilled patent lawyers in India are dedicated to give the best patent services to clients across the globe. Our patent lawyers and attorneys have vast experience in getting a patent in India. From conducting thorough patent searches and drafting robust patent applications to prosecuting patents before the Indian Patent Office and defending them in legal proceedings, our patent lawyers in India provide end-to-end support throughout the patent lifecycle.

What is a Patent?

A patent is a special right given by the government for a new invention that involves an inventive step and can be used in an industry. Patent gives the owner the legal right to stop others from making, using, selling, or importing a product or process based on the patented invention without permission. Patents are granted by national or regional patent offices and are valid for a limited time, usually up to 20 years from the date of filing. Our expert team of Patent Lawyers, Patent Attorneys and Patent Agents in India, Mumbai, Delhi,  PuneBangloreChennaiHyderabadKolkata help you for patent filing in India and patent registration in India.

Why to file a patent in India? What are the benefits of registering a patent in India?

Step by step patent registration process in India

Step 1: Patentability Search

Before filing a patent application in India, it is crucial to conduct a thorough patentability search to assess whether your invention is novel and non-obvious across the globe. While not mandatory, this step can save you time and money by determining the likelihood of obtaining a patent in India. You can perform a patent search using the Indian Patent Office’s official website (https://iprsearch.ipindia.gov.in/PublicSearch/) or other resources like Google Patents (https://patents.google.com/). A comprehensive patentability search will help you make an informed decision about proceeding with the patent registration process in India.

Step 2: Drafting of patent application in India

To file a patent application in India, applicants must submit Form 1 (Application) and Form 2 (Invention Details). Form 2 is either a Provisional Specification or a Complete Specification. The patent specification includes various sections such as:

Types of patent Applications in India:

Ordinary Application
Convention Application
PCT International Applications
PCT National Phase Applications

Step 3:Filing patent application in India and patent application cost in India

The cost to apply for a patent in India includes two components:

1. Professional fee of Patent Lawyers, Patent Attorneys or Patent Agents in India. Legismith Partners LLP is one of the leading patent law firms in India providing a cost effective solution for filing patents in India.

2. Government fee of India patent office as per schedule 1 of the Patent Act, 1970.

Sr. No
Activity
Forms
Government fees for e-filing of patent in India
Small entity and Individual (INR)
Large entity (INR)
1
Application for filing patent in India
Forms 1
1600
8000
2
Provisional/ Complete specification
Forms 2
No fee
No fee
3
Proof of right within 6 months from date of filing
Forms 1
No fee
No fee
4
Foreign filing details within 6 months from date of filing
Forms 3
No fee
No fee
5
Power of authority for Patent Lawyers, Patent Attorneys and Patent Agents in India
Forms 26
100/500 stamp as per state policy
100/500 stamp as per state policy
6
For startup or small entity
Forms 28
No fee
No fee
7
Request for early publication
Forms 9
2500
12500
8
Request for examination
Forms 18
4000
20000

Step 4: Publication of patent application filed in India

Patent applications filed in India are typically published in the official patent journal 18 months from the filing date. However, applicants can request early publication by submitting Form 9 and the patent application filed in India can be published within 1-2 months. 

Step 5: Examination of patent application filed in India

The applicant can submit the request for examination within 31 months from the date of application corresponding to the patent filed in India. After filing the request for examination, the Indian patent office issues the first examination report (FER). The applicant or his authorised Patent Lawyers in India or Patent Attorneys in India or Patent Agents in India can reply to the FER within 6 months from the date of issuance.

Step 6: Hearing of patent application filed in India

The Indian patent office may issue the hearing notice corresponding to patent applications filed in India. The applicant or his authorised Patent Lawyers in India or Patent Attorneys in India or Patent Agents in India can attend the hearing. 

Step 7: Grant or registration of patent in India

The patent is granted or registered in India once all the objections raised by the officer are resolved.

Step 8: Patent maintenance fee or Patent renewal fee in India

The patentee has to pay a patent maintenance fee or patent renewal fee in India corresponding to a patent registered in India from the e-filing module of the Indian Patent Office.

Our Patent Services:

Legismith Partners LLP is an Intellectual property boutique firm. We provide end to end support in intellectual property related matters.

Patent analytics service in India
Patent drafting filing and prosecution services in India
Patent litigation, licensing services in India

Patentability Search

Drafting Patent Specification for filing patents in India/ US/EPO/China/JP/Korea/Australia/ GCC/ ARIPO and other Jurisdictions.

Drafting and Filing Pre-grant Opposition:

Freedom to Operate (FTO) / Clearance Search

Filing Patent Applications in India/PCT and PCT national phase and other Jurisdictions

Drafting and Filing Post-grant Opposition

Invalidity Search / Validity Search:

Drafting Continuation (CA) and Continuation in Parts (CIP) Applications:

Drafting and Filing Revocation Petition

Evidence of Use (EoU) search

Drafting non-provisional

Responding to Oppositions

Patent Landscape / White Space Analysis

Drafting complete specification

Drafting and filing Infringement suit

Expired Patent Search:

Drafting Response to Examination Reports

Drafting and filing counter suit

Patent Infringement Analysis / Claim Chart

Drafting Reply to Office Actions (US/EP/China/JP/Korea/Australia/ and other Jurisdictions)

Patent licensing

Patent watch services

Attending Patent Office Hearing/ US examiner calls

Patent valuation

GENERAL QUESTIONS

Frequently Asked Question.

To be eligible for a patent, an invention must meet the following requirements:

  • Novelty: The invention should be new and not previously known or disclosed to the public.
  • Inventive Step (Non-obviousness): The invention should be a significant improvement or modification that is not obvious to a person skilled in the relevant field.
  • Industrial Applicability: The invention should be capable of being used or applied in an industry.
  • Not fall under the non-patentable subject matter listed in Sections 3 and 4 of the Patents Act, 1970.

The section 3 and section 4 of the Patent Act, 1970 gives list of inventions which are not patentable:

1. Inventions that are frivolous or obviously contrary to well-established natural laws.

2. Inventions whose primary use or commercial exploitation could be contrary to public order, morality, or cause serious prejudice to human, animal, plant life, health, or the environment.

3. Mere discovery of scientific principles, abstract theories, or any living or non-living substance occurring in nature.

4. Mere discovery of a new form of a known substance without enhanced efficacy, or a new property, use, or process, unless it results in a new product or employs at least one new reactant.

5. Substance obtained by mere admixture resulting only in the aggregation of the properties of the components or a process for producing such substance.

6. Mere arrangement, re-arrangement, or duplication of known devices functioning independently in a known way.

7. Methods of agriculture or horticulture.

8. Processes for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic, or other treatment of humans or animals.

9. Plants, animals, seeds, varieties, species, and biological processes for their production or propagation (except microorganisms).

10. Mathematical or business methods, computer programs per se, or algorithms.

11. Literary, dramatic, musical, artistic works, or aesthetic creations, including cinematographic works and television productions.

12. Mere schemes, rules, or methods of performing mental acts or playing games.

13. Presentation of information.

14. Topography of integrated circuits.

15. Inventions that are traditional knowledge 

16. Inventions relating to atomic energy.

1. Filing: File an international application with a Receiving Office (RO) or directly with the International Bureau (IB) of WIPO. Comply with PCT formality requirements and pay the necessary fees. In India, PCT applications are filed at appropriate patent offices based on territorial limits.

2. International Search: An International Searching Authority (ISA) identifies relevant prior art and provides a written opinion on the invention's potential patentability. The Indian Patent Office, Delhi Branch, acts as an ISA upon receipt of the prescribed fee.

3. International Publication: 18 months after the earliest filing date (Priority Date), the content of the international application is disclosed worldwide.

4. International Preliminary Examination (optional): Upon request, an ISA conducts an additional patentability analysis, usually on an amended version of the application. The Indian Patent Office, Delhi Branch, acts as an International Preliminary Examination Authority (IPEA) upon receipt of the prescribed fee.

5. National Phase: After 30/31 months from the earliest filing date of the initial application, the applicant pursues the grant of patents directly before the national or regional patent offices of the desired countries. In India, the maximum time limit to enter the national phase is 31 months. To enter the national phase, an application corresponding to the international application is made using Form 1.

1. Decide on the PCT national phase filing in India: After receiving the international search report and the written opinion, decide the PCT national phase filing in India

2. Meet national requirements: Each country may have specific requirements for entering the national phase, such as paying national fees and filing translations of the application. These requirements must be fulfilled before the end of the 30th or 31st month from the priority date for most PCT Contracting States' patent offices.

3. Appoint best Patent Lawyers in India or best Patent Attorneys in India or best Patent Agents in India

4. Consult the PCT Applicant's Guide: For more general information on national phase entry, refer to the PCT Applicant's Guide, National Phase. Specific information concerning fees and national requirements can be found in the national chapters for each PCT Contracting State in the same Guide.

5. Submit required documents and pay fees: File the necessary documents and pay the required fees to the national patent offices of the selected countries within the specified time limit to complete the national phase entry process.

Why Legismth Partners LLP?

Legismith Partners LLP, one of the leading patent law firm in India, provides comprehensive patent services to clients across various industries, including Mechanical, Automobile, Electrical, Electronics and Telecommunication, Computer Science / Computer Technology and Software fields, Physics, Software, Metallurgy, General Engineering, Chemical Science, Pharmaceuticals, Biotechnology, and Life Sciences.

Our team of experienced patent lawyers/patent attorneys/patent agents in India are skilled in all areas of patent protection, including filing patents in India and patent registration in India. We conduct thorough patent searches and utilise resources like the paid patent search database, to ensure the best possible outcomes for our clients. Our team of experienced patent lawyers/patent attorneys/patent agents are representing leading companies in all four main branches of the Indian Patent Office: Delhi, Mumbai, Kolkata, and Chennai.

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