The Patent Registration Process in India

Patent Attorney in India

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Provisional patents

Secure your idea for 12 months and convert to international patent under PCT within 12 months

International patents

Patent Cooperation Treaty (PCT) provides filing mechanism for global protection of innovative products and services.

Overview

Filing a patent is one of the most important steps for any R&D department and/or an inventor. It is the first step in ensuring that there is no unlawful profiting from someone else’s hard work, and that the credit for creation goes where credit is due. While a patent registration process might some daunting – especially in comparison to copyright claims – it is not so difficult to understand. 

 

Once you get the hang of the flowchart of patent filing, it is then easy to know what your legal team is advising you on and how to look out for potential infringement. Moreover, it allows you to create a mental timeline of product release, since patent granting can be a long process.

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Advantage of Patent Filing

Patent Registration Process in India

Patent Registration in India

What is the Patent Registration Process in India?

1. Patent Search

Conduct a thorough search of existing patents to make sure that someone else does not already hold a patent to the same/similar invention. This can prevent unintentional infringement on your end.

2. Specifications

Conduct a thorough search of existing patents to make sure that someone else does not already hold a patent to the same/similar invention. This can prevent unintentional infringement on your end.

3. Filing the Application

File an application with the patent office. Whether it will be a provisional or ordinary one will depend on how far along you are in the invention process, and what your legal team advises. It will also depend on whether you intend to hold the patent on a national level, or for it to be applicable under international law, as well.

4. Publication

The patent office will publish your patent application in their journals. During this time, a thorough examination occurs of your application, and also gives a chance for others to file any disputes. In the case of disputes, the examiner will do a thorough check, and a report will have to be filed on behalf of the applicant.

5. Grant

Once the examination is complete and if the examiner deems fit, the patent will be granted.

The patent registration process is a complex one, and requires knowledge of the dates, fees, timelines and legal jargon that goes into registration. If you are planning on applying for a patent, it is best to go through a legal aid for the registration process. The patent team at Rahul Dev is well equipped to help the registration, as well as protect against infringement.

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.

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