Patents

Patents

Visualizing the vast potential of Patent related jobs pouring into India from all over the world, and to provide prompt, efficient and quality Patent Research Services to its valued clients and also make the firm a single window service IP law firm in India, Aggarwal Associates has hastened to strengthen its existing team of Patent Lawyers and Attorneys, by adding a new wing called K-Analysis, to cater exclusively for Patent related research jobs, so that, besides handling litigation and prosecution matters, all patent related services are also provided by our firm. This new wing, comprises of highly qualified, experienced and devoted young IPR Analysts from premier institutions, each a specialist in his own subject, like biotechnology, biopharma, chemistry, physics, electronics etc. shall henceforth provide such IP research services. This will be in a way a new and separate wing under Aggarwal Associates umbrella, providing intellectual property research services, like

 

  • Patentability and validity studies,
  • Technical literature research,
  • IP assessment management services,
  • Technology landscaping,
  • Patent portfolio structuring,
  • Patent drafting,
  • Proof reading to ensure multi layer quality control for drafting,
  • Patent licensing study,
  • Patent mapping,
  • IP due diligence,
  • Patent valuation study,
  • Competitive intelligence, involving looking at the client’s competitor’s existing patent portfolio, its activities in patent acquisition, patent assignment and licensing, product segments and pipeline, R&D focus, finances etc.

Requisites for filing a Patent Application

The Application form has to contain provisional or complete specification, drawing, abstract of invention, particulars of the inventor and invention, filing date and current status of foreign patent application (in case of conventional and PCT Applications), priority documents etc. declaration of inventor ship, Power of Attorney, and the requisite fee.

 

Under complete specification the invention as claimed has to be completely stated, with the drawings, and the claim/s defining the scope of protection sought. It should also contain the title of the invention, field of invention, background and object of the invention, a summary of the invention, description of the accompanying drawing, detailed description of the invention with reference to drawings and the claims.

 

Software per se is not patentable in India. However clubbed with the hardware enabling the machine to function effectively, software may be protected. Business methods are outside the purview of patent protection in India.
In India the types of Applications for patent that can be filed are

  • Ordinary patent i.e. without claiming an priority,
  • Patents of addition, adding to earlier applications
  • Convention Applications
  • PCT Applications.

The inventor himself or person the assigned by the inventor or any legal representative of any deceased inventor can file the request application for filing patent.

 

In case of convention applications, the application is to be filed within 12 months of the priority date (i.e the date of filing in the parent country) .and incase of PCT applications the application has to be made within 36 months from the priority claimed. The Application will be published within 18 months of filing the same. For a PCT application the proof that an application has been filed, duly certified by the respective Patent office, is required to be filed within 21 months if India is elected as designated country and within 19 months if India is not designated.

 

  • Steps involved in the processing of application (prosecution)
  • Filing of application with provisional / complete specification.
  • Filing of request for examination (within 36 months) of the filing of the applications).
  • Filing of issuance of Examination Report
  • Filing of submission of amended documents, if any (12 months granted for meeting the requirements)
  • Filing of examination of amended documents.
  • Acceptance / refusal (appeal to high court)
  • Publication will take place after 18 months of filing.

Total time taken for acceptance of patent, before advertisement in India is approximately 3-4 years and the duration of patent in India is 20 years from the date of filing of the application for patent.

 

Requisites for filing of Patent Application in foreign Countries by Resident Indians – Foreign Filing licenses (FFLs).

 

As per the patent laws prevalent in many countries, the Indian Law also stipulates a requirement of seeking prior permission for getting domestic inventions patented in foreign countries. The relevant section was incorporated by the amendment to the Indian Patents Act 1970 effective from 1st January 2005.

According to the Indian Patents Act, residents of India cannot apply for Patents outside India without prior written permission sought in the manner prescribed and granted by or on behalf of the Controller (unless an Application for a patent for the same invention has been made in India, not less than six weeks before the application outside India).
AGGARWAL ASSOCIATES also assists Indian inventors to obtain such foreign filing licenses (FFLs).