Patent Attorney in India

  • Most common patent services known to the public or inventors is patent search, patent draft and patent filing. Few of the inventors do further researches and become acquainted by patent services of next stage such as patent publication, patent examination and patent grant that shall be achieved by properly preparing a response to the examination reports generated during patent examination. But these services or patent stages are nominal and thought they form base for a patent establishment in India, they are not all.

     

    PATENT PRACTICES OFFERED BY PATENT ATTORNEYS IN INDIA

     

    Most of the patent attorneys with good patent experience and successful patent portfolios in their kitty intend to provide best patent practices in India. The stages for best practices are undermentioned:

     

     

    So as depicted in image above, the common process cycle to be followed by a patent attorney in India is:

     

    1. Conduct a patent-ability or novelty search to assess whether the invention is worth patenting or not and advise the inventor accordingly;
    2. Prepare a patent draft on the basis of analysis of the prior arts and technical information of the present invention in a best enabled mode and as per guidelines provided by Indian patent office;
    3. Prepare the forms and file the patent in India;
    4. File Request for Patent Examination after publication in patent gazette;
    5. Prepare response to Examination reports generated by the patent examiner;
    6. Proceed for grant (if possible) and transfer the grant certificate to the inventor;
    7. Regular filing of Form 3 every six months for updating international patent filings (if any) in Indian patent office and renewal fee every year till 20th

     

    ADDITIONAL PRACTICES TO BE FOLLOWED BY PATENT ATTORNEYS IN INDIA

     

    Apart from the regular services provided by the patent attorneys, few other services also have to be offered to make the patent, a strong as well as enforceable property. Such services are:

     

    1. International Patent Filing – Guide an inventor to file a PCT application if they have to practice their patent in multiple countries down the line. PCT filing will give the inventor a large time window to file the patent in other countries and hence, it will save an instantaneous cost;
    2. Patent Surveillance and Litigation – If the inventor is willing, then the patent company should conduct surveillance for infringers regularly and take necessary legal actions to ensure their clients upper hand in their patented technology.
    3. Patent Invalidity – In case the strong competitor is appearing, then the patent filing company in India should offer a solution to negate the validity of the patent through patent invalidation analysis.
    4. Freedom to Operate Search – In case a client intends to launch a product in a market, then always a suggestion should go from the Indian patent attorney that they should conduct a clearance or FTO search to negate any legal obligation that they may face in foreseeable future.
    5. Evidence of Use Search – If a client intends, then identify the infringer through Evidence of Use search and follow it up with legal action against the infringers.
    6. Patent Landscaping – The patent filing companies in India should always works for the betterment of their client and that can be achieved with massive success, if a client shares what kind of product(s), he or she intends to develop. Then, first ask him to afford patent landscaping search, identify whitespaces in the product technology, work with client encapsulate the whitespaces in the product development and file patent for the newly developed product.

     

    Miscellaneous Services - Always opt to guide a client that what should work best for him or her. If a product of the client has high potential of commercialization, guide him for opting services like early publication and expedited examination. If the product has international scope, guide him to file a patent in PCT or a particular country where the scope is high. Also, approach commercialization agencies in those countries to licenses or sell the patent of your client in that country which shall generate a parallel revenue for your client.