Patent

Patent is a statutory Intellectual Property Right which grants exclusive rights to the owner of an invention.

The Indian Patent Act confers the following rights upon the Patent owner:

For a product Patent, the exclusive right to prevent third parties, who do not have the Patent owner’s consent, from the act of making, using, offering for sale, selling or importing the product in India;

For a process Patent, the exclusive right to prevent third parties, who do not have the Patent owner’s consent, from the act of using that process, and from the act of using, offering for sale, selling or importing a product directly obtained by that process in India.

We provide diverse services in the Patent field including:

  • Patent Searches
  • State of the art searches
  • Prior Art searches
  • Freedom to operate searches
  • Invalidation Searches
  • Name Searches
  • Subject Matter Searches
  • Patent drawings and illustrations
  • Patent Watch
  • Patent Drafting
  • Patent Filing
  • PCT International Application Filing
  • Convention Patent Filing in other countries
  • PCT National Phase Application
  • Convention Patent Application in India
  • Patent prosecution
  • Patent Grant
  • Response to Office Action
  • Patent hearings
  • Annuity Payments
  • Annual Working Reports (AWR)
  • Assignment Recordals
  • Licensing and Recordals
  • Compulsory Licenses
  • Pre Grant Opposition
  • Post Grant Opposition
  • Patent Invalidation Actions
  • Foreign Filing License

Filing Requirements:

  • Full name, Address, Nationality of each Applicant and inventor.
  • A copy of the Complete Specification, claims, abstract and drawings (if any), in English Language.
  • Verified English translation of the priority document. The same can be submitted subsequent to Filing as well.
  • A Power of Attorney signed by an Applicant or an authorized person of each applicant, in original. The same can be submitted subsequent to Filing as well.
  • Proof of Right: is a document evidencing transfer of rights from inventor to Applicant (It can be Form 1 signed by all inventors or Notarized Assignment Deed). The same must be submitted within six months of the Indian Filing Date.
  • The duly completed Applicable Forms required for Indian Patent Filing shall be provided to our clients, for the signatures, upon entrusting us with filing an application in India.
  • The Indian Patent Office requires details of the Corresponding Applications filed outside India (such as Name of Countries, Application Date and Number, Status of Application, Date of publication etc.) according to Section 8 of the Indian Patent Act. Such Details are filed in Form 3 and can be filed within six months of the Indian Filing Date. Further on change of any status of such Foreign Application including any communication with the respective Patent Office, it is an obligation of the Applicant to inform the Indian Patent Office of any status change within six months of any such change.

Important Deadlines:

  • A Request for Examination must be filed within 48 months of the Priority Date or Filing Date, whichever is earlier. While the Request for Examination can be filed any time with this timeframe, the application shall be examined only after publication. (An Application shall ordinarily be published within one month from the date of expiry of 18 months from the Priority Date or Filing Date, whichever is earlier)
  • Form 3 must be filed within six months of any activity (Filing, Publication, Any Examination Report Receipt/Response etc.) of any application filed in other country/countries.
  • Working of invention statement, in Form 27, must be filed by every patentee and licensee in respect of every calendar year within three months of the end of each year. The form will contain information such as periodical statements as to the extent to which the patented invention has been commercially worked in India.

For PCT NATIONAL PHASE documentation, please click here

For Convention Patent documentation, please click here

For Patent searches and drafting, please contact us at info@kanalysisindia.com

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