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Patent lawyer in India

20 + years experience
Patent cases handled
Trademark cases handled

Patent lawyer in India

I, Mahesh Bhagnari, am the Managing Principal of the firm:

  • I am an Attorney at Law with Bar Council Registration № MAH/1574/2003.
  • I am licensed to practice at the Intellectual Property Office as a Patent lawyer in India and Design lawyer in India with Registration № IN PA 1108.
  • I am licensed to practice as a Trademark lawyer in India with Registration № 10742.
  • I have more than twenty years of professional experience working in the field of Intellectual property.
Patent attorney in India

A patent lawyer in India is a legal professional who specializes in patent law. Their main role is to assist individuals and businesses with the process of obtaining and protecting patents. This includes conducting patent searches to determine whether an invention is eligible for patent protection and preparing and filing patent applications with the relevant patent office.

Patent lawyers also provide legal advice and counseling to clients on patent-related matters, such as patent infringement, licensing, and portfolio management. They may also assist with the negotiation and drafting of contracts involving patents, such as licensing agreements and assignment agreements.

To become a patent lawyer, one must typically have a law degree and be admitted to practice law in their jurisdiction. Additionally, one must have a technical background in science or engineering, which typically requires a degree in a related field. In India, specialized certification or training in patent law may also be required.

A patent lawyer can provide valuable assistance in obtaining and protecting patents. Here are some reasons why you may need a patent attorney:

  1. Patent searches: A patent lawyer can conduct a thorough search to determine whether your invention is eligible for patent protection and whether any similar inventions have already been patented. This can help avoid potential legal issues down the road.
  2. Patent application: A patent lawyer can guide you through the process of preparing and filing a patent application with the relevant intellectual property office. This can help ensure that your invention is properly protected and enforced.
  3. Responding to office actions: If your patent application receives an office action, a patent lawyer can assist with responding to the issues raised and navigating the legal process.
  4. Patent infringement: If someone else is using your invention without permission, a patent lawyer can help you enforce your patent rights and take appropriate legal action.
  5. Licensing agreements: If you wish to license your patent to another party, a patent lawyer can assist with the negotiation and drafting of licensing agreements to protect your interests.

A patent in India gives you exclusive rights over your invention, allowing you to make, use, sell, or license it for profit. It’s a type of legal protection that ensures no one else can commercially exploit your invention without your permission.

To get a patent in India, your invention needs to be new, involve an inventive step, and be useful in an industry. Essentially, it should offer a fresh way of doing something or solve a technical problem in a new way.

Once granted, a patent in India is valid for 20 years. Like any other form of property, a patent can be sold, licensed, inherited, or even abandoned. It’s considered an intellectual property right, so you have a lot of control over how it’s used or transferred.

If you’re looking to file a patent application in India for an invention, it can be done by any of the following people, either on their own or together with someone else:

  • The true and first inventor
  • The assignee of the true and first inventor
  • The legal representative of a deceased true and first inventor or their assignee

When you’re ready to file a patent application in India, here’s what you’ll need:

  • The name, address, and nationality of each inventor and applicant.
  • A copy of the Complete Specification, which should include claims, an abstract, and any relevant drawings.
  • A verified English translation of the priority documents.
  • A Power of Attorney signed by the applicant or an authorized person for each applicant.
  • Proof of Right, which is a document that transfers the rights from the inventor to the applicants.
  • Information about the status of any patent applications filed in other countries for the same invention.

To get a patent in India, your invention needs to meet a few key criteria. First, it should be practical and useful. It must also have something new about it—some feature that hasn’t been seen before in its technical field. This existing body of knowledge is known as “prior art.”

Your invention should also involve an inventive step, meaning it shouldn’t be something that a person with average knowledge in the field could easily figure out. Finally, the invention must be considered “patentable” under Indian law.

There are some things that typically can’t be patented, like scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, or methods for medical treatment (though medical products can be patented). Just because you have a patent doesn’t automatically mean you can use or sell your invention—other laws, like health and safety regulations, might still apply.

Under the Patents Act, 1970, there are certain inventions that can’t be patented. These include:

  • Anything frivolous or against natural laws.
  • Inventions that go against public order, morality, or are harmful to life or the environment.
  • Discoveries of scientific principles or substances that exist naturally.
  • New uses for known substances or processes that don’t result in a new product.
  • Combinations of known substances that only result in the sum of their properties.
  • Mere rearrangements or duplications of known devices.
  • Methods of agriculture or horticulture.
  • Medical treatments or procedures for humans or animals.
  • Plants, animals, seeds, and biological processes.
  • Mathematical methods, business methods, computer programs, or algorithms.
  • Artistic creations, like literature, music, or films.
  • Schemes, rules, or methods for performing mental acts or playing games.
  • Presentations of information.
  • Topographies of integrated circuits.
  • Anything related to atomic energy.

Having a patent means others can’t commercially make, use, or sell your invention without your permission. If someone does infringe on your patent, you can enforce your rights in court. On the flip side, someone can challenge your patent in court, which could result in it being declared invalid.

As a patent owner, you have control over who can use your invention while it’s protected. You can license it to others or even sell your rights to someone else. Once the patent expires, typically after 20 years, your invention enters the public domain, meaning anyone can use it without needing your permission.

Patents encourage innovation by giving inventors recognition and an economic monopoly over their creations for a limited time. This protection drives continuous improvements in the quality of life.

The first step to securing a patent is applying for one. The application should clearly describe the invention, including its technical field, background, and details so that someone skilled in the field could replicate it. This description is usually supported by drawings, plans, or diagrams.

The application also includes “claims,” which outline the extent of the protection you’re seeking. The Patent Office will closely examine your application to ensure it doesn’t overlap with any prior art and that your claims are supported by the description. You’ll need to address any objections from the Patent Office to get your patent approved.

In India, patents are granted by the Intellectual Property Office of India. In other regions, like Europe or Africa, regional offices handle patent applications for multiple countries. The Patent Cooperation Treaty (PCT) allows you to file a single international patent application that’s effective in multiple countries, but each country still decides whether to grant the patent.

There’s no such thing as a “world patent.” You need to file in each country where you want protection, or in some cases, a regional office can handle it for you. The requirements and fees vary by country, so it’s a good idea to consult with an intellectual property lawyer.

It’s crucial to file your patent application before publicly disclosing your invention. If you disclose it first, it might be considered “prior art,” making it difficult or impossible to patent. Some countries offer a grace period, but this varies, so it’s important to understand the rules in the places where you seek protection.

If you must disclose your invention before filing—like to an investor—make sure to use a confidentiality agreement to protect your rights.

Written by Mahesh Bhagnari, Patent & Trademark lawyer in India.

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Phone: +91.9860588440
email: info@bhagnari.com

You may make a phone call between 11:00 am and 11:00 pm India time.

Send all post and documents to the ULHASNAGAR office.

+91.9860588440

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