Patent Business Lawyer in Asia

Patent Attorney practicing Patents, Corporate Law, Mergers and Acquisitions, Venture Financing, Startup Technology Law

EXPRESS AND EXPEDITE PATENT EXAMINATION IN INDIA

In India, an application for patent only goes through examination when a request for such examination is made to the Controller of Patents within a period of 48 months from the date of filing of that patent application, or from the date of priority of the first mentioned patent application, or within a span of 6 months from the date of filing of a further patent application such as a Divisional Application, whichever is later.

PCT National Phase Application in India

In case of a PCT (Patent Corporation Treaty) National phase application, an express request, along with a prescribed fee according to Rule 20(4)(ii) of the Patents Rules, 2003 (as amended), for examination can be made before the expiry of 31 months from the priority date of the said PCT national phase application. Once the express request has been made, the Controller is required to pass on that application to an examiner, and the examiner is then required to summarize and prepare an examination report within 1 month but not exceeding three months.

India’s federal Ministry of Commerce and Industry {Department of Industrial Policy and Promotion} in 2016 introduced new provisions under the Patents Rules, 2003, which permits a patent application to move out of turn for a faster prosecution. According to the new provisions the Indian Patent Office (IPO) are progressing applications out of turn for the examination if a request for expedited examination for an application along with the prescribed fees filed under Rule 24C of the Patents Rules, 2003 (as amended).

Expedited Patent Examination

However, the provision for expedited examination is only available to, startups and applicants who have designated “India” in their respective PCT applications, as an International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA). Therefore, selecting India as ISA in a PCT application can be favorable for the Applicants to expedite grant process of corresponding PCT national phase Indian application. Under the expedited examination, the examiner is obligatory to give the First Examination Report (FER) within 1 month but not exceeding 2 months from the date of reference of the application to the Examiner for examination by the Controller, and further, the final disposal of the application is to be taken within 3 months of filing of response to the First Examination Report.

In India, patent offices initiated the expedited examination process in 2016 and, using this expedited examination process, many startups in India, including Optimus Pharma Pvt. Ltd., a Hyderabad based company, were able to get the patents granted within a record time of almost 10 months. The startup got a patent process of Apixaban, an anti-coagulant, in record time of almost 4 months under the expedited examination process. Such diminution in time will for sure help in cost efficiencies related to the management of a patent application up to their grant.

To provide the high demand of request for expedited examination of patent applications, IPO has also recently employed more than 250 patent examiners, affecting a substantial increase in the number of existing patent examiners. With this increase in the number of employed patent examiners, the period of ordinary patent examination is substantially declined to 2-3 years, which used to be almost 6-7 years and sometimes even more.

International Patent Applications filed in India under National Phase before the Indian Patent Office

A PCT international patent application under the Patent Cooperation Treaty can be filed before the Indian Patent Office before the expiry of 31 months from the priority date of the patent application. The complete patent specification should be filed along with Form 1.

In case, the language of the international patent application is in any other foreign language other than English, it has to be translated in English and the translated English copy has to be duly verified by the patent applicant or the person duly authorised by him that the contents thereof are correct and complete.

The patent translation of the international application should include the following details:

i. the patent description;
ii. the patent claims as filed;
iii. any text matter of the drawings;
iv. the patent abstract; and
v. in case the applicant has not elected India and if the claims have been amended under Article 19, then the amended claims together with any statement filed under the said Article;
vi. in case the patent applicant has elected India and any amendments to the description, the patent claims and text matter of the drawings that are annexed to the international preliminary examination report.

Advantage to Foreign Entities Filing Patents under PCT & entering India in National Phase

The patent attorney can file express patent examination request in Form 18 / Form-18A along with the fee specified in first schedule, at any time before thirty one months from the priority date.

Frequently Asked Questions by Inventors’ Worldwide

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

Patent Intelligence

Patent attorneys are regularly approached by clients with existing innovations and patents, wherein such information is analysed extensively with regards to prior art (patent and non-patent publications), technology landscape and state of art patent searches to generate actionable business intelligence. Our in-house patent search experts provide effective solutions to determine white space, find risks, identify gems, and analyse patent portfolios, thereby adding immense value to achieve business goals of corporate executives, technologists, and investors. Patent intelligence reports also assist clients in decision making for the purposes of technology licensing, patent licensing and patent monetization opportunities.

Patent Monetization

Patent experts at our law firm assist clients in patent commercialization by decoding the complete potential of patents, that can form a major component of patent owner’s financial assets to be used as a competitive strategy for commercial success. Patent monetization process includes preparation of business goals to bring patents to market so that investments made in research and development can be recovered with profits, competitive advantage is gained in market, and credibility is strengthened as a leader in innovation and business.

Law Office of Rahul Dev, Patent Attorneys and Technology Corporate Lawyers, represents a law firm headquartered in Gurgaon, Haryana, with associate offices in New Delhi, in the proximity of the Indian Patent and Trademark Office. We are primarily focused on intellectual property law and provide patent services and patent consultation for large, multi-national corporations, universities, middle-market and emerging market companies, and startups and entrepreneurs.

We have successfully advised our clients to obtain patent protection in India and across international jurisdictions (US, Europe, UK, Singapore, Malaysia) for a wide scale of technologies, and our patent attorneys possess years of experience in patent research, patent prior art searches, patentability analysis, patent analytics, patent application drafting, patent claim drafting, patent prosecution, , licensing, and other intellectual property-related issues.

patent attorney india

Technology Business Corporate Lawyers

International Corporate Lawyers and Patent Attorneys 
 
 
 
Strong expertise in resolving business and personal disputes via mediation, negotiation and out of court settlements
Managing full practice law firm in Delhi and Gurgaon with team of legal experts – Civil and Criminal, Cyber Law Issues, Digital Business Disputes, Social Media Defamation, Personal, Property and Matrimonial Problems, Contracts and Agreements
 
Technology Savvy Advocates, Patent Attorneys & Corporate Lawyers with 11+ years of experience in Asia Pacific, US & Europe 
 
Experts in Litigation, Patent Protection, Licensing & Enforcement, Cross-border Mergers & Acquisitions, Joint Ventures, Foreign Direct Investment & Tech Transactions in South East Asia covering consulting for global patent Attorneys in executing:
 
Patent drafting & filing for B2C & B2B digital products
 
Protection of Mobile App’s Intellectual Property via Patents, Copyrights, Website Terms & Vendor Contracts
 
Wearable device’s patent portfolio protecting hardware, dashboard, app & data analytics software
 
Medical device patentability analysis, prior art search, provisional & complete patent drafting, patent claims & patent drawings, patent filing in India, PCT, USPTO & EPO, responding to USPTO, UKIPO, MyIPO (Malaysia) & SIPO (Singapore) office actions
 
Patent Landscape & Patentability Studies for innovations in Artificial Intelligence (AI & Chat bots), Internet of Things (IoT), Wearables, Driverless Cars, Virtual & Augmented Reality, 3D Printing, Drones, Mobile Payments (Digital Wallet) & FinTech 
 
Assisting Clients with Complex Patent Issues: Patent Searches, Patent Drafting, Patent Filing, Patent Office Examinations, Patent Prosecution, Patent Due Diligence & Patent Litigation Strategy
 
Patent Strategy for International Patents, USPTO Filings, Drafting Office Action Response, Patent Reexaminations & Reissue Proceedings, Appeals to PTAB, Patent Office Trials, Inter Partes Review, Post-grant Review, Covered Business Method Patents, Interferences, Derivations & Appeals of PTAB Trial Decisions
 
European Patent Practice, Patent Oppositions, Appeals, EPO Third Party Observations, Central Limitation and Revocation, Supplementary Protection Certificates (SPC) & United Kingdom (UK) Patent Practice Advisory
 
Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement

 

Software Patent FAQs:

How to Patent an Idea

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General Patent FAQs:

Journey of my blog from LinkedIn to 30+ news portals

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter

Flagship Speaking Engagements

Patent Forum (Munich, Germany) | News Channels | Ministry of Corporate Affairs | ASSOCHAM | FICCI | Brand Licensing India | BioEnergy International

Featured Publications

Economic Times | The Hindu | BioSpectrum | International Bar Association | LawAsia | SwissInfo | Global Legal Post | HT Live Mint | Outlook Money

Patent Attorney in New York

Top rated and highly experienced patent lawyers in New York can be found by searching USPTO database or by reviewing patent law firms comprising patent attorneys (patent agents) registered to practice before USPTO. Inventors in New York can personally interview multiple patent lawyers before selecting the patent attorney best suited to address their needs. Clients can also explore cities in the vicinity of New York, including, Brooklyn, Cedarhurst, Elizabeth, Garden City, Flushing, Bronx, Jamaica, Staten Island, Hackensack etc. and can also research patent attorneys practicing related areas, like Intellectual Property, Copyrights, Trademarks, Trade Secrets, Cyber Laws, Technology Laws, and the like.

Technology Development in New York

As it is well known, New York is the financial, business, trademark, and fashion focal point of the world, and hence, many global businesses and financial corporations are headquartered there. New York is a great place to launch innovative products due to the tech savvy residents. Recently, it was reported that a mobile application has been launched to apply for Food Stamps in New York. It is well known that about 1.7 million people in New York City receive food stamps and to qualify, they must produce dozens of documents to prove their eligibility, including birth certificates, pay stubs, leases and children’s school records. It is really problematic to gather, copy and bring the documents to a social services office, and then wait to be seen by a worker. New York city’s welfare agency, the Human Resources Administration, plans to ease this step with the help of a new cellphone app, wherein those seeking food stamps can take pictures of the required documents with their phones and upload the photos to the mobile application.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Law office of Rahul Dev is a niche technology and research based law firm focusing on next generation business and legal issues faced in India and outside India during international business and cross-border technology transactions. We assist our clients in close collaboration with our associates and counsels within India and outside by providing custom engagement models to address our client’s needs.

Practice areas include drafting and filing patent applications, patent prior art searches, patent prosecution, patent filing in India, PCT national phase entry in India, PCT international applications with WIPO, freedom to operate searches, patentability analysis and patent strategy to create a valuable patent portfolio.

Patent attorney Rahul Dev works with clients providing expert legal services in the field of innovative pharmaceutical products, branded drugs, generic drugs, molecular biology, immunology, cell biology, regenerative medicine including ESCs, iPSCs, pSCs, diagnostics, therapeutics, theranostics, drug delivery systems, host-vector systems, high throughput screening, bioinformatics, diagnostic imaging, ancillary services (PET, CT, MRI, ultrasound, greenlight, lithotripsy, radiation therapy, cyber-knife, nuclear camera, clinical lab, pathology, physical therapy and dispensing prescriptions).

Patent attorney and technology lawyer Rahul Dev works closely with USPTO licensed patent attorneys to assist clients with patent reexaminations, patent prosecution, drafting USPTO office action responses, patent infringement litigation, patent claim mapping and patent licensing. For international patent filings, we have an established network of global patent attorneys to provide reliable and cost effective services to our clients.

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+91 96502 47494

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Level 18, One Horizon Centre,

Golf Course Road

DLF Phase 5, Sector 43

Gurgaon, Haryana 122002

India

Business Hours

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