Patentability search, provisional and complete specification drafting, filing at Delhi, Kolkata, Mumbai or Chennai, prosecution, and convention/PCT filing guidance.
What is patentable in India
- Art, process, method or manner of manufacture
- Machines, apparatus or other articles
- Computer software with a technical application to industry or used with hardware
- Product patents for food, chemicals, medicines or drugs
- Substances produced by manufacture, including new and useful improvements
- Alloys, optical glass, semiconductors and inter-metallic compounds
Who can apply
A patent application can be filed by the true and first inventor or by an assignee, alone or jointly with another person. The legal representative of a deceased person may also apply.
Why patent your invention
- A patent gives you the right to exclude others from making your product
- It prevents competitors from exploiting your invention, or forces them to design around it — costing them time and money
- It gives the right to initiate legal action against anyone making or selling the invention without permission
- It strengthens your position with other companies holding patents you are interested in
- You can monetise it by licensing or selling the invention
- It gives you priority over third parties in countries that do not require registration
What we need from you at the consultation
- The history of the invention — where the idea came from, how you developed it, early failures and prototypes, with lab notebooks if available
- What you believe is the most inventive element or most useful aspect
- Any similar prior inventions you know of, or competitor products you improved upon — total honesty here protects the application
- Drawings illustrating the invention
Territory and term
A patent is territorial. A patent granted in one country cannot be enforced in another unless the invention is patented there too. Filing in India lets you file corresponding applications in convention countries within 12 months of the Indian filing date. In India the term of a patent is generally twenty years.
Frequently asked questions
What is the term of a patent in India?
Generally twenty years from the date of filing.
When is a patent application published?
Every application is published 18 months from the date of filing or the priority date, whichever is earlier, subject to statutory exceptions.
How can I find out if an invention is already patented?
A preliminary search can be run on the patent office website, in the weekly Indian Patent Office journal, or in the patent office search and reference room, which is open to the public Monday to Friday. We run this search for you before drafting.