Patent Attorneys India
Our firm has an unrivaled knowledgebase and class-leading experience in securing patent protection while abiding by the latest patent law in India.
A Leading Patent Law Firm in India
The best patent law firm in India, De Penning and De Penning, has been acquiring patent protection for inventions since 1856, when our founder petitioned for exclusive privileges to his invention.
Our firm has a dedicated team of Patent Attorneys specializing in a wide range of technical fields, supported by 160+ admin, IT, and project professionals across offices in Delhi, Mumbai, Kolkata, Chennai and Bengaluru.
What is a patent?
A patent is an exclusive legal right granted for a new invention in exchange for full disclosure of the invention. Patents operate for a limited period in a specific territory and give you the right to prevent others from producing, using, selling, or importing your invention without permission.
We have filed and secured exclusive rights to thousands of inventions for entrepreneurs and creators across the globe. Our experience means we can advise on whether your invention is suitable for patent protection and put the most robust strategy in place to ensure the longevity of your success while following all the patent laws.
Why file a patent?
A patent allows you to control your invention’s commercial exploitation and take legal action against infringement. It marks your invention as unique, signaling its value to consumers and investors. Patents also incentivize innovations, provide investment returns through commercialization and licensing opportunities, and improve corporate brand value.
Benefits for Inventors
●Benefit from a monopoly over the invention for 20 years
● Boosts marketability of the invention
● Facilitates the creation of distribution and licensing agreements
● Provides inventors with an incentive for further invention or improvisation
Benefits for Companies
● Licensing or sale avenues open up, creating new revenue streams
● Establishes the patent owner as the market leader and attracts customers
● Increase in negotiating power through cross-licenses or Joint Venture agreements
● Develops and enhances company image to potential investors, customers, manufacturers and distributors
● Keeps the talent bank secure, thus encouraging more inventions in future
● Makes it easier to operate in overseas markets and to sign up distributors
● Attracts new capital for product development
De Penning and De Penning is committed to ensuring innovation and creativity can flourish by protecting assets from duplication.
What can be patented in India?
An invention which is a novel product or process involves an inventive step, or it must be non-obvious, is capable of industrial application and does not fall under the excluded subject matter under sections 3 and 4 of the Patents Act, 1970.
What is non-patentable in India?
Patents will not be granted for the following types of inventions.
● Frivolous or obvious inventions
● Inventions which are contrary to law or morality or injurious to human, animal or plant life and health or the environment
● The Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature
● The mere discovery of any new property or mere new use for the known substance or the mere use of a known process, machine or apparatus- unless it results in new products or employs one new reactant
● Producing a new substance by mere admixtures of substances
● Mere arrangement/rearrangement or duplication of known devices functioning independently
● Method of agriculture and horticulture
● Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings or animals to render them free of disease or to increase their or their products’ economic value
● The biological processes for the production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species
● A mathematical or business method, algorithm or software per see
● Aesthetic creations, including cinematography and television production
● Mental methods or teaching or games and sports techniques
● Presentation of information
● Topography of Integrated Circuits
● Invention, which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components
● Inventions relating to Atomic Energy
Can I apply for a patent?
An application can be made, solely or jointly, by:
● the inventor(s)
● an assignee(s)
● the legal representatives(s) of the deceased inventor(s)
When to file a patent application?
In India, the patent system follows the First-to-File principle. This means the right to obtain a patent lies with the first person to apply. It is advisable, therefore, to:
● Apply as early as possible
● File before making any non-confidential disclosures
Filing a patent application
Our breadth of knowledge and expertise means we are highly in tune with the ongoing developments in India’s patent system.
Our top patent lawyers and patent attorneys in India can advise on what type of patent application best aligns with your corporate IP strategy and will take the necessary steps to secure it.
Provisional Application
- A temporary application is filed when the invention is not completed and is still under experimentation
- Provides 12 months to complete the invention
- Must be followed by a complete specification within 12 months for a patent to be granted
- Establishes priority
- Ability to market products with the tag "patent pending".
Ordinary Application
- A first application protects an invention before it enters the public domain.
- Make an ordinary application when you are not claiming priority from any other application.
- Invention must be described to illustrate the functionality of the invention.
- File with complete specifications and claims.
PCT International Applications
- International application governed by the Patent Cooperation Treaty
- Can be validated in up to 142 countries.
- Simplifies the process of filing patent applications
- Delays the expenses associated with applying for patent protection in various countries
- Allows the inventor more time to assess the commercial viability of their invention
- Provides an International Search Report citing the relevant prior art that may have to be taken into account in deciding whether the invention is novel and inventive
- Provides an option of an International Preliminary Examination Report that is forwarded to the elected Offices and the applicant, the report containing an opinion as to whether the claimed invention meets specific international criteria for patentability
- These reports give the applicant a fair idea about the patentability of the invention before incurring charges for filing and prosecution in each individual country
PCT National Phase Applications
- Globalise your patent protection with a National Phase application
- Follow the Patent Cooperation Treaty (PCT) route
- International application made according to the Patent Cooperation Treaty being the first application or claiming earlier priority can enter the national phase in India within 31 months from the international filing date or priority date (whichever is earlier)
- Application filed before the Controller in the Indian Patent Office claiming the priority and international filing date is called PCT National Phase application.
- The filing date of the application shall be the international filing date accorded under the Patent Cooperation Treaty.
Convention Applications
- Application filed before the Controller in the Indian Patent Office claiming the priority and international filing date is called PCT National Phase application.
- Claim a priority date based on the same or similar applications filed in one of the convention countries
- File within 12 months of the date of first filing in a convention country
- Apply in more than 170 convention countries, including India, the USA and the UK
Divisional application
- Where more than one invention is claimed, the parent application can be divided into two or more applications
- Priority date for the divisional application is the same as that claimed in the parent application
Patent of addition
- Used when an applicant has an invention which is a slight modification of an invention they have already applied for/have a patent in India
- Low examination threshold
- Can be used where invention does not involve a substantial inventive step
- No separate renewal feels during the term of the main patent
- Expires with the main patent
Other Requirements
- To check that a similar patent does not already exist
- To maintain confidentiality of the invention prior to filing your application
- A specification including description, abstracts, claims and drawings
Need help finding a patent attorney?
Expert Patent Lawyers and Attorneys serving clients across India and around the World
De Penning and De Penning’s knowledge and expertise in the field of patent protection is exemplary. We have been involved in the process since 1856 when our founder petitioned for exclusive privileges to his invention. Our history is enshrined in protecting intellectual property, and we can help you to secure lasting commercial advantages for your innovations. Contact us today and get the help of the best patent attorneys in India.
Procedure for obtaining a patent
01.
Patent applications are published automatically 18 months from the filing date or the priority date, whichever is earlier. In India, you can also request early publication.
02.
Third parties can request that a patent application be refused between publication and grant. Opposition must be substantiated with appropriate grounds for opposing a patent.
03.
You must submit a request for examination of your invention within prescribed time limits. In India, this must be done within 48 months of the date of priority or filing, whichever is earlier.
04.
● Is new and has never previously been made public;
● Involves an inventive step, and would not appear obvious to someone with substantial knowledge and experience of the field;
● Is capable of industrial application.
If your invention does not pass the first examination, you will have the opportunity to amend it.
05.
Once your invention has passed examination, your application will be granted. Your patent will receive a grant number and a ‘Letters Patent Document’, and be entered on the e-register.
06.
The patent will last for 20 years, provided you pay the renewal fee.
07.
The grant of your patent will be published. Any interested party can file post-grant opposition up to 12 months following the date of publication of the grant.
08.
You must pay a yearly renewal fee to maintain your patent beyond the first two years. If the fee is not paid, your patent will lapse.
09.
Filing a statement of commercial working is part of the maintenance of your patent. It is a compulsory activity not only for the patentee but also for a licensee (if the patent is licensed) and regardless of whether the patented invention is commercialised in India or not.
The statement must be filed for a financial year exempting the year within which the patent has been granted by the anniversary of 30 September (e.g. a patent granted between 01 April 2020 to 31 March 2021 is due to be filed by 30 September 2022). Non-filing of a statement may attract the penal provision of the Patents Act.
Our Firm's Expertise with Indian Patents
De Penning and De Penning’s patent teams help clients across a broad range of 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.
The firm’s patent experts in India are skilled in all areas of patent protection in India. Some of our recent experience and expertise includes:-
- Representing leading companies in all the four main branches of the Indian Patent Office, i.e., Delhi, Mumbai, Kolkata and Chennai;
- Developing, drafting, and filing patent applications at the Indian Patent Office / WIPO;
- Responding to office actions and examination reports (FER, SER, ISR), analysing cited responses received in the examination reports of IPO, WIPO and attending technical hearings
- Patent searches (Patentability searches, infringement searches, and Invalidation Searches) and preparing search reports for invalidity, infringement, patentability, Freedom-to-Operate, and customising each search and corresponding report to meet client/inventor requirements;
- Patent Litigation, FTO Analysis, Prior Art Search, Intellectual Property Infringement, and Technology Transfer;
- Patent Prosecution and Management;
- Patent portfolio analysis, drafting, management and prosecution;
- IP Strategy, consulting and patent due diligence;
- Advisory and consulting work in respect of the legal, scientific, and technical aspects of patents;
- Use of all relevant websites of major Patent Offices and paid search sites for research on patent applications and prior art searches;
- Regular staff training in respect of the use of all relevant patent databases such as Google Patents, Google Scholar, InPASS, Espacenet, USPTO, Patseer, and Orbit;
- Providing clients with training and insights into Indian patent prosecution practices, sharing our deep knowledge of India's evolving IPR regime since the inception of product patents.