What is Patent ?

A Patent is an intellectual property and is the exclusive right granted for inventions. It is granted by the Government of India to the Patentee for a limited period of 20 years from the date of application. It is provided in exchange for the full disclosure of his/her invention, for excluding others from making, selling, using and importing the patented product or process of producing that product for those purposes. The purpose of this system is to encourage innovation, dissemination of technology and development of industries. Patents ensure legal title for the invention for which patent has been granted, which may be extremely valuable to an individual or company and they should make best use of this system. Patent right is territorial in nature. For eg. Patent granted in US is not enforceable in India. The inventors or their assignees should file separate patent applications in India through patent attorneys in India for obtaining patents in India.

We provide the following services :

  • preliminary advice on the patentability of an invention;
  • patent prior art search; patent drafting, filing and registration of patent applications in India;
  • national phase filing of PCT based patent applications; renewal and maintenance of patent by filing annuities;
  • patent infringement analysis or legal advice/opinion on non infringement and infringement issues; alternate dispute resolution/negotiating and settling patent disputes;
  • providing litigation support in matters relating to patent rights or defending the patentee against allegations of infringement;
  • drafting assignments and license agreements;
  • identification of potential buyers for patents; commercialization/monetization support to patents;
  • post grant opposition and defense;
  • cease and desist legal notice;
  • customs and border control measures;
  • IP investigations and assistance in raid and seizure action against infringers .

As a prominent IP Service provider in India with all facilities and resources we render expert Patent drafting and registration services for clients around the world which include individuals, companies, research institutes, universities, law firms and associations. We perfectly understand the modern day necessity of patenting innovations as soon as possible and renewing them on time to assert rights over intellectual property like patents. Our team of patent agents and patent attorneys are capable of offering best legal representation in the event of any dispute.

Patent Registration in India

An inventor of a process or product may file an ordinary application in the form of Provisional Application/provisional Specification if the applicant finds that his invention is not ready. This helps him/her to establish the priority of the applicant over any other person(s) who is likely to file an application for patent in respect of the same invention being developed concurrently. It also helps the applicant to get a maximum period of twelve months to fully develop his invention by himself or with the help of others who are interested in the economic value of the patent before filing the file the complete specification within twelve months.

An inventor who has his invention ready at the time of application may file a complete specification. As the name specifies a complete specification shall contain the details like Title, field of invention, complete description, claims, abstract, drawings etc. It may take around 3 to 4 years to get a Patent registered in India. An applicant for patent should comply with all the necessary patent procedures within the stipulated period. It is pertinent to note that a complete specification should be drafted by a well qualified and experienced registered patent agent or attorney. If the applications are not properly drafted it can encounter objections from the Patent office. Only if such objections are cleared an application will be accepted for patent registration. Similarly if claims are not properly drafted a patent can be invalidated in the court of law by a competitor. There has been several cases where patents were cancelled as it was considered vague by a court of law.

A patent granted by the Government of India to the Patentee for a limited period of 20 years from the date of application after which it will go into the public domain. A patent has to be renewed from second year onwards. If he fails to renew the patent within the prescribed period patent shall fall into the public domain and all monopoly rights over it shall be lost.

A patent is a very important IP asset which can earn an inventor goodwill, name, fame and money. So it is important that he or she should entrust the management of his IP assets with a reputed firm like that of the Founders IP as it consists of well qualified , experienced patent agents and attorney in India who are specialized and well versed in patent drafting. The Founders IP assist you during all stages of patenting by providing the necessary services like consulting on the patentability of the invention, market potential, patent search, drafting provisional and complete specifications, publication, examination, grant, renewal, valuation, assignment or licensing at a reasonable cost and IP rights enforcement services.

Patent Registration Procedure in India:

Patentability Search:

An invention to be eligible for Patent grant should have absolute novelty. An experienced Patent agent or patent attorney can help in searching the database or conducting a worldwide search to ascertain whether a product or process or method has already been applied for by another.

To know whether your invention is patentable or not, please fix an appointment with our Patent Attorney or Patent Agent. Please do not take your application to a consultant or an academician or a bureaucrat as a disclosure of the patent details to him/her will amount to loss of absolute novelty.

Provisional application:

If your invention is not ready, but if you wish to protect and claim prior user then you may apply for Provisional application. An experienced and Registered Patent agent can help in preparing and filing Provisional application in the prescribed format. For more details fix an appointment with our Patent Attorney or Patent Agent.

Complete Specification:

If your invention is complete you may apply your patent application with Complete specification. An experienced and Registered Patent agent with Legal knowledge can help in proper drafting and filing complete specification with Claims and drawings in requisite format. For more details fix an appointment with our Patent Attorney or Patent Agent.

Timeline for Patent registration in India is around 4 years from date of filing Complete specification.

Through whom should you apply for Patent ?

Registration of Patent requires the skill of a specialized professional. It is ideal to employ the services of an experienced Patent Agent though not compulsory. Experienced IP law firm like that of Joachim & Janson can provide the following.

  • Domestic and International Patent Public Search facility
  • Domestic and worldwide Patent search report
  • National and worldwide application filing support
  • Online tracking of Patent Registration Process
  • Litigation support
  • Monetization support
  • Remind renewal dates
  • Hassle free, informative & enjoyable experience
  • Complete confidentiality and privacy assured by registered Patent Agents and Patent Attorneys
  • Transparency in procedures and professional charges

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Patent Offices:
Patent office Chennai:

Controller of Patents,
Patent Office,
Intellectual Property Office Building,
G.S.T. Road, Guindy, Chennai-600032 .

Patent office Mumbai:

Controller of Patents,
Patent Office,
Boudhik Sampada Bhawan, Antop Hill,
S. M. Road, Mumbai - 400 037.

Patent office Kolkata

Controller of Patents,
Patent Office,
Intellectual Property Office Building,
CP-2 Sector V, Salt Lake City,

Patent office Ahmedabad

Controller of Patents,
Patent Office,
15/27, National Chambers, 1stfloor,
Ashram Road, Ahmedabad 380009

Patent office New Delhi

Controller of Patents,
Patent Office,
Intellectual Property Office Building,
Plot No. 32, Sector 14, Dwarka,
New Delhi-110075

Any Questions?

+91-98470 34034, 92070 99990