What do you mean by patent prosecution in India?

Patent prosecution in India is the legal right to protect your intellectual property. Patent prosecution usually refers to the process of obtaining patent protection on an idea, invention, design, or plant. The first step of patent prosecution in India occurs when you file an application with the patent office, or your attorney files it on your behalf. The waiting period is about 24 months for most patent applications, after which the application will be assigned to a reviewer.

Patent Prosecution is not merely a process of interaction between an Applicant and/or his Legal Representative and a Patent Office with respect to patentability of a patent, but, for the Applicant, it is also a test of legal and technical competence that it believes the Legal Representative possesses. Patent prosecution is highly individualized and reflects the underlying skill set of each Attorney as the prosecution process itself involves high level of technical negotiation and interpretation of specific terminologies with the patent office, which in the end has high-impact value for the client.

Some of the Salient Features of the Patent Prosecution Services include:

  •  Preparing Responses to Office Actions
  • Strategizing Amendments and Arguments for a patent application for maximizing impact
  • Technical Analysis of Office Actions
  • Technical Analysis of Cited Prior Art references

 

 

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