Fastest Finger First – Get the priority date first or Pay
Patent Drafting and Filing – Salient features:
- Secure your priority in case of unintentional commercial/academic disclosure.
- Get protection from inventors leaving the company.
- Application drafted keeping in mind that invention can evolve during development. Accordingly, broad disclosure and minimal limitations.
- All rules/law of Indian Patent Act duly considered.
- Get liberty to discuss, present your invention to whole world without fear of getting your invention stolen.
- Quick turnaround to secure the earliest priority date.
- Review-only facility available for cost conscious innovators.
- End-to-End packages available (filing till decision) – upto 70% cost savings.
- Pay only the difference when converting the provisional to non-provisional.
The YPT Advantage:
- YPT is a Team of 125+ technology/industry experts who speak inventor`s language and having deep understanding of Indian and Global patent laws.
- YPT focuses on drafting applications that are future ready and enforceable yet sail through the prosecution saving you lot of money.
- Ethics is #1 priority at YPT and we will never misguide you and always be frugal with your resources.
- YPT believes in delivering business benefit from your patent and walk with you on-the-ground to make it happen.
- YPT has unique understanding of global industry wide IP best practices as it has supported 1,000+ clients from 45+ countries in multiple technology areas.
- YPT has a good network within all four branches of Indian Patent Office for expedited and accurate information/ processing.
Package Includes: Detailed Prior art search (optional), drafting of provisional patent application, filing of provisional application.
To know more about Complete Patent application Drafting and Filing
To read more about patent application in India/general FAQs, scroll down.
About Your Patent Team (YPT)
Your Patent Team (YPT) is an exclusive group of world leading technology/industry experts with deep understanding of global patent laws. YPT team of 125+ experts cover variety of tech areas including Pharmaceutical, Chemical, Mechanical, Electrical, Biotechnology, Electronics, Telecommunication, Software, Information Technology and more. YPT serves clients in over 45 countries and is one of the very few organizations who understand global IP best practices to the core. YPT utilizes this expertise to advise our clients to help them get world class advise and IP protection. Further, with vast global network and work volumes, YPT not only ensures that you get the strongest and broadest protection, but makes sure that you get at the optimum costs. Again, YPT is one of the only organizations in the world where work does not stop at clients getting the IP protection but where experts walk with the client till they are able to get returns from their IP protection. YPT is trusted alike by industry associations (like FICCI, PHD Chamber of Commerce, FISME, etc), Government Departments and Ministries (like Department of Science and Technology), Fortune 500 companies, SMEs, Universities, Start-ups, Foreign Law Firms, and Individual Inventors in India and abroad. We have presence in 90+ jurisdictions to help our clients get best protections worldwide.
Why Choose YPT?
- Your Patent Team (YPT) is an exclusive group of world leading patent attorneys who are technology/industry experts with deep understanding of global patent laws. YPT team of 125+ experts cover variety of tech areas including Pharmaceutical, Chemical, Mechanical, Electrical, Biotechnology, Electronics, Telecommunication, Software, Information Technology and more.
- YPT serves clients in over 45 countries and is one of the very few organizations from India who understand global patent best practices to the core. YPT utilizes this expertise to advise clients so they get world class advise and patent protection.
- With vast global network and work volumes, YPT not only ensures that you get the strongest and broadest patent protection globally, but makes sure that you get this at the optimum costs.
- YPT is one of the only organizations in the world where work does not stop at clients getting the patent protection. Here our business experts walk with the client till they are able to get monetary returns from their patent protection.
- YPT is trusted alike by industry associations (like FICCI, PHD Chamber of Commerce, FISME, etc), Government Departments and Ministries (like Department of Science and Technology), Fortune 500 companies, SMEs, Universities, Start-ups, Foreign Law Firms, and Individual Inventors in India and abroad. We have presence in 90+ jurisdictions to help our clients get best protections worldwide.
✓ 125+ Technology Experts : Covering Whole Range of Technical & Legal Subject Matters.
✓ Clients From 45+ Countries : Knowledge of Global IP Best Pratices.
✓ Always on Client’s Side : Minimize Expenses – Maximize Return.
✓ Beyond Patents : Complete Handholding in Monetization.
Get In Touch / Request Free Consultation
More about patent application in India
Typically, a patent application filed by an inventor or applicant (may be a research company) for grant of a patent for the invention described and claimed in the patent specification. A patent application is accompanied by a techno-legal document i.e. patent specification. The whole future of the invention depends on the patent specification- A badly drafted specification may give others free hand to enjoy your innovation without any fear, on other hand a well-crafted specification gives you guns to stop and force others not to enjoy your innovation without your permission. The patent application has to undergo examination process where the application is adjudged by officials of Patent Office on the basis of the technicality as well as legality of the same.
For more information – FAQs
Synonyms: applying patent, patent application, filing a patent, examination of patent pending, pending patent application, prosecution of patent application, drafting patent specification, drafting description of patent, patent drafting, India, India Patent Office.
More about Patents in India
What types of industrial property rights exist in India?
India has patents, patents of addition, designs and trade marks. Applications for all of these can be filed with the Indian Patent Office.
What are patents of addition in India?
Patents of addition relate to improvements in or modifications to patented inventions. A patent of addition cannot be granted before the main patent is granted. If the main patent is revoked, the patentee may request the conversion of the patent of addition into an independent patent. Patents of addition have the same term as patents for the main invention.
How long is the term of protection of Indian patents?
The term of protection of an Indian patent is 20 years from the date of filing of the application, subject to the payment of annual fees. The 20-year term was introduced by the Patents (Amendment) Act 2002. It also applies to all granted patents whose term had not expired on 20 May 2003. Under the previous law the term was 14 years from the date of filing.
What inventions cannot be patented in India?
Chapter II, Section 3 of the Indian Patents Act stipulates what is not considered an invention under the law and is therefore not patentable in India:
- inventions being frivolous or contrary to public order, morality, public health, the environment, etc.
- scientific discoveries
- mere discoveries of new forms of known substances
- methods of agriculture or horticulture
- diagnostic, therapeutic and surgical methods for the treatment of humans or animals
- plants and animals other than micro-organisms
- mathematical or business methods or computer programs per se or algorithms
- literary, dramatic, musical or artistic work or any other aesthetic creation
- schemes, rules or methods of performing mental acts or methods of playing games
- presentations of information
- topography of integrated circuits
- traditional knowledge
Inventions relating to atomic energy are not patentable either.
Can computer software be patented in India?
Under Section 3(k) of the Indian Patents Act, computer programs as such are not considered patentable subject-matter, but they may be protected under copyright law. An invention containing a computer program may be patentable if an essential part of the invention claimed is subject-matter other than a computer program and if this subject-matter is sufficiently disclosed in the specification.
Is India a member of the Patent Cooperation Treaty (PCT)?
Yes, India became a contracting state to the Patent Cooperation Treaty (PCT) on 7 December 1998. Since then it has been possible to designate India in international patent applications filed via the PCT route.
As a foreign applicant, do I need to appoint a professional representative in India?
The law does not say that you have to. However, if you reside abroad, you must furnish an address for service in India which will be used for all communications from the Indian Patent Office. The address of an authorised patent agent, for example, could serve as an address for service.
Which of India’s four filing offices should I file my patent application with?
India’s four filing offices are in Kolkata, New Delhi, Mumbai and Chennai. Each has a separate territorial jurisdiction. Where you file your application depends on
- where you live
- where your business is located, and
- where the invention actually originated.
For foreign applicants without a place of business or address in India, the territorial jurisdiction is defined by the address or place of business of their patent agent.
What language must I use for a patent application in India?
The official filing languages in India are English and Hindi. In the case of Patent Cooperation Treaty (PCT) applications not filed or published in English, an English translation must be submitted within the 31-month time period.
Can I claim priority for an application filed in India?
Yes, you can claim priority when filing a patent application in India. A certified copy of the priority document must be submitted within three months of the date of filing of the application. The priority period is 12 months from the earliest priority claimed. It is possible to claim multiple priorities. Domestic priority (based on a previously filed application in India) is also available.
What do I need to do to get an early filing date in India?
For non-Convention applications it is possible to get an early filing date by filing a provisional specification, which has to be followed by a complete specification within 12 months of filing. Provisional specifications cannot be filed for divisional, Convention or PCT national phase applications.
Does India allow divisional applications?
Yes, applicants may file one or more divisional applications at any time prior to the grant of a patent.
What is a provisional specification in India?
Provisional specifications can be used to secure a priority date for an application. They describe the nature of the invention without claims, and should contain the title and description of the invention. A full specification, including claims and an abstract, must be submitted within 12 months of the provisional filing.
Are Indian patents subject to substantive examination?
Indian patents are subject to formal and substantive examination. Substantive examination is carried out on request (by the applicant or an interested party) to determine if the invention meets the patentability requirements (novelty, inventive step and industrial applicability).
How soon after filing an application in India do I need to file a request for examination?
You must submit this request within 48 months of the date of priority or the date of filing of the application, whichever is earlier. If you do not file a request for examination within the prescribed time limit, the application will be deemed to be withdrawn.
Can I request that my application be published earlier than 18 months from the filing date in India?
Yes, you can request early publication. The application will be published within one month of the date of the request, subject to payment of the prescribed fee.
Can I withdraw my application before it is published in India?
Yes. In India, if you make a request for the withdrawal of your application within 15 months of the date of filing or date of priority, whichever is earlier, the application will not be published.
Can I submit third-party observations on an Indian patent application?
Yes. Any person can oppose the grant of a patent by submitting observations to the Controller of the Indian Patent Office at any time after the publication of the patent application and before the announcement of the decision to grant. The statement and evidence presented in this “pre-grant opposition” will only be considered if and when a request for examination of the application has been filed.
When is the first office action usually issued in India?
Since May 2006, the first office action, also called the First Examination Report (FER), is normally issued within six months of the date of the request for examination.
What is the time limit for responding to official actions in India?
You should comply with all the legal requirements and meet all the objections put forward in the First Examination Report (FER) as soon as possible. If you fail to respond to the FER within 12 months of the date of issue, your application will be deemed to have been abandoned.
When do I have to pay annual fees in India?
In India, the annual fees are due from the second year of the pending application. You have to pay the first annual fee on the second anniversary of the date of filing of the complete specification. If the application is granted more than two years after the date of filing, the accumulated annual fees are payable within three months of the date on which the patent was recorded in the register. Further annual fees are due each year, in advance. India has a two-tier fee system with different fees for individuals and legal entities.
Is there a grace period for paying annual fees in India?
Yes. The time limit for the payment of annual fees can be extended by up to a maximum of six months. This extension can be obtained on request, upon payment of a fee for each month of extension.
Can a lapsed patent be restored in India?
In India, provided the failure to pay the annual fee was unintentional, patent holders can file a request for restoration of a patent within 18 months of the lapse date, subject to the payment of an additional fee.
Can I request an extension of the patent term in India?
No, currently India does not allow the extension of patent terms.
How can I challenge a granted patent in India?
Since January 2005, India has had a post-grant opposition system under which you can oppose a granted patent within 12 months of the announcement of the decision to grant.
Interested parties, or the government, can also file a petition for revocation of a patent at any time during the life of the patent. Such petitions must be lodged with the Intellectual Property Appellate Board (IPAB) or at High Court level.
Where can I search Indian patent information in English?
The Indian Patent Office website provides a free search system for Indian patent information called “InPASS” (Indian Patent Advanced Search System). The system allows full text searches for published patent applications, granted patents and legal status information for Indian patents. It also provides online access to the Patent Office Journal, which is updated weekly on Fridays.
Where can I find official information about patent fees in India?
You will find the Indian Patent Office’s current fee schedule under Forms and fees on the IP India website.
Can I access the documents in the file of an Indian patent application?
Yes. Once an application has been laid open, anyone can file a written request for file inspection and obtain certified copies upon payment of the requisite fee.
Alternatively, provided the relevant records have been digitised, you can download the documents in the file from the Indian Patent Office’s free InPASS website.
Where can I find information about patent agents in India?
You can find information about patent agents in India in the Electronic list of patent agents on the IP India website.
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