Whether you are an inventor, an engineer, a scientist, or just someone with a great idea, having a best drafted patent will help protect your invention and provide you with a competitive edge in the marketplace. Effectively drafted patent protection also enhances your commercial opportunities, making it easier to seek investment from prospective partners or licensees.
Why effective Patent Drafting is required to your invention?
Effective patent drafting requires an understanding of your business and a complete grasp of the relevant technology. The drafter must apply the right tactics to achieve successful filings without compromising your long term business strategy.
A patent application must fully describe how to implement and use the invention. An enforceable Patent is the key to effective commercialization/out-licensing of any technology. No matter how good a technology is, if the description of the technical subject matter is not enabling or fails to disclose all necessary embodiments, and in case the claims are narrowly drafted and do not gain support from the specification, the worth of the technology is insignificant.
At iVakil-IP, we offered client:
Our technical patent attorney team work closely in collaboration with client to understand the product/technology into details and accordingly devise filing strategy as per specific country requirement.
We have drafted several complete/provisional specifications to meet client-defined standards for filing in USPTO, EPO, JPO, PCT, India and other countries.
Patent Filing & Prosecution
iVakil-IP provides efficient patent filing services to Indian and International clients with help of expert patent attorney and patent agent.
Apply for Patent Filing in India
Before applying for a patent in India, you need to check if your invention is patentable. This means that you need to check if another individual has filed a patent for a similar technology for which you are filing.
At iVakil IP, we offer on behalf of client to perform and prepare an in-depth patentability analysis report which helps client to understand the chance of getting a patent. There are various types of patent applications filed in India as stated below.
Types of Patent Applications
Ordinary Patent Application
Ordinary application is the application which is filed by Indian applicant and directly filed in India without taking any priority. It can be further divided into provisional application and complete application.
Provisional Patent Application
The main objective of a provisional application is to secure the earliest priority date for the invention. A provisional application can be submitted when the invention is still subject to amendments based on on-going proof of concept generation. It is required to be submitted in the Indian patent office and provides the benefit of early filing, which matures as an issued patent only when the applicant files the complete specification accompanied with full disclosure of claims.
Complete Patent Application
Complete application or complete specification can be filed directly without filing a provisional application. However, if the provisional application has been filed, then the complete application has to be filed within 12 months from provisional filing date. There is some provision to postdate the complete application filing beyond 12 months through post dating under various section of the Patent act but that also delays the priority date.
Convention Patent Application
Convention Application means, any applicant who attempts to claim a priority for the invention based on some other similar patent application submitted in other convention countries, is called a convention application. To obtain the status of convention the applicant must file a patent application in the office of patents in 12 months of filing the application in any of the convention countries.
International Patent Application
An international application as already discussed above is controlled by the PCT, which gives the benefit of validation across 142 countries and also provides 30/31 months time before deciding national phase entry in other countries of interest. It offers many advantages like single fees, no translation, no foreign patent attorney required, search report and sufficient time to make a business decision but if you are planning to file a patent in multiple countries. However, if you are planning to file only in one or two countries, it is advisable to follow the conventional route.
Patent of Addition
A Patent of Addition, if an inventor already holds a patent application/patent for something and later comes across some modification in the same invention, in such case the applicant can go for the patent of addition if such substantial inventive step is not found in the invention, yet apart is novel. It is not necessary to pay the fees for renewal separately for the patent of addition during the term of the primary patent. Also, a patent of addition expires along with the primary patent.
Divisional Patent Application
A Divisional Application, if the application prepared by the applicant carries multiple inventions, he/she can divide the application into two or more multiple applications, as required for all substantive inventions. This kind of application which is separated out of a principal application is called as a Divisional Application. And the priority date for all the application other than principal application will be the same as principal application.
Documents required for patent application filing in India
The necessary documents include in the application for patent (Form-1), Declaration of Inventorship (form-5), a complete specification (Form-2), that is a complete disclosure with illustrations of the invention, Power of attorney (Form-26) by the applicant, in case patent is to be filed through an attorney or an agent, Statement and undertaking by the applicant(Form -3).[under section 8 of the Indian patent act, 1970], Small entity status (Form 28) if claiming Small entity status or Startup.
Patent Prosecution Service
Effectively and strategically prosecuting patents is critical to business, especially for innovative companies. Success may depend on protecting unique technology and revenue streams, while at the same time advancing patents to increase the likelihood they would successfully survive litigation in the future. Our patent lawyers, working with a network of firms around the world, regularly handle patent prosecution for clients on five different continents, including major global corporations, emerging companies and innovative institutions such as manufacturers, service providers, universities and other law firms.
What is patent prosecution?
Patent Prosecution is not merely a process of interaction between an Applicant and/or his Legal Representative and a Patent Office with respect to patentability of a patent, but, for the Applicant, is also a test of legal and technical competence that it believes the Legal Representative possesses. Patent prosecution is highly individualized and reflects the underlying skill set of each Attorney as the prosecution process itself involves high level of technical negotiation and interpretation of specific terminologies with the patent office, which in the end has high-impact value for the client.
Indian patent application prosecution
iVakil IP team has extensive experience in prosecuting patent applications filed in the Indian Patent Office. As part of these prosecutions, we have responded to several examination reports issued by the Indian Patent Office. Our experience has helped us in thoroughly understanding the Indian Patent Act and the nuances involved in prosecuting Indian patent applications.
Prosecution of patent application filed outside India
iVakil IP team provide strategic patent prosecution services for filing applications through the PCT and Convention route. Our patent prosecution team regularly works in conjunction with foreign associates who are authorized to prosecute applications at the USPTO and EPO to help secure applications in those regions. This follow on prosecution support via our strategic network has proved useful in procuring favorable rates for our clients while helping achieve a smooth transition from PCT filing to national phase application approvals.