Patents Lawyers & Attorneys Mumbai, Delhi, Kolkata & Chennai, India

Why file a patent?

A patent allows you to take legal action against infringement. It marks your invention as unique, signalling its value to consumers and investors.
Patents also incentivise innovations, provide return on investment through commercialisation and licensing opportunities, and improve corporate brand value.

De Penning & De Penning are committed to ensuring innovation and creativity can flourish by protecting assets from duplication.

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)

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 skilled lawyers and attorneys can advise on what type of patent application is best aligned with your corporate IP strategy, and will take the necessary steps to secure it.

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 so as to illustrate the functionality of the invention

File with a complete specification and claims (or provisional if making a provisional application)

Convention Applications

A convention application allows an individual to extend the reach of their patent

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

National Phase Applications

Globalise your patent protection with a National Phase application

Seek patent protection in multiple countries simultaneously

Follow the Patent Cooperation Treaty (PCT) route

Secure patents in chosen countries through a single PCT application

Other Requirements

To make a patent application, you will need:

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

01.

Publication
Patent applications are published automatically 18 months from the date of filing or priority date, whichever is earlier. In India, you can also request early publication.

02.

Opposition (pre-grant)
Between publication and grant, third parties can request that a patent application be refused. Opposition must be substantiated with appropriate grounds for opposing a patent.

03.

Request for examination
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.

Examination
Examiners check that your invention:
● 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.

Grant
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.

Terms of patent
The patent will last for 20 years, provided you pay the renewal fee.

07.

Post-grant
The grant of your patent will be published. Post-grant opposition can be filed by any interested party up to 12 months following the date of publication of grant.

08.

Renewal
To maintain your patent beyond the first two years, you must pay a yearly renewal fee. If the fee is not paid, your patent will lapse.

09.

Statement of working
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 for a licensee as well (if the patent is licensed) and regardless of whether the commercialization of the patented invention is taken place 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 30th 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 penal provision of the Patents Act.