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.
PCT International Applications
PCT National Phase Applications
Patent of addition
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Procedure for obtaining a patent
● 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.
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:-