Biswajit Sarkar, Advocates - IP AttorneysAn IP Law firm with global practices
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Practice

Patents

Complete patent protection services - from prior-art search and patent filing to grant, renewal and enforcement in India and worldwide.

Overview

Patent protection for an invention starts with a well-structured specification. Our patent practice combines strong technical understanding, careful claim drafting and sound knowledge of patent procedure, so that each application is strong enough to pass through examination and protect the innovation behind it.

We represent individual inventors, universities, start-up companies and established manufacturers from all over the world. We also act as a trusted patent filing and prosecution firm in India for overseas patent attorneys who need a reliable and technically sound partner here.

What we do

Patent services in India

  • Patentability Search and Assessment

    Prior-art searches and patentability assessments identify potential conflicts and evaluate novelty, inventive step and industrial applicability, supporting informed patent filing decisions.

  • Patent Specification Drafting

    Provisional and complete specifications, claims, abstracts and drawings are prepared to define the invention accurately and establish an appropriate scope of patent protection.

  • Patent Application Filing

    Patent applications are prepared and filed with the Indian Patent Office, with filing acknowledgements and application details provided for procedural compliance and record-keeping.

  • Patent Examination and FER Responses

    First Examination Reports (FERs) are analysed, objections are addressed and appropriate claim amendments are prepared to advance the application towards grant.

  • Patent Prosecution and Hearings

    Official correspondence, written submissions, claim amendments and Controller hearings are managed to maintain procedural compliance and progress applications through examination.

  • International Patent Filing

    Patent Cooperation Treaty (PCT) applications and national-phase filing plans are prepared to support international patent protection in selected markets.

  • Patent Grant and Renewal Management

    Grant formalities, patent records and renewal deadlines are monitored to support the continued maintenance of patent rights in India.

  • Patent Enforcement and Licensing

    Infringement assessments, legal notices, licensing agreements and commercialisation strategies are developed to protect patent rights and maximise commercial opportunities.

Our approach

How an application moves

The usual course of a patents matter in India, from first instructions to a final outcome.

  1. Prior-art search

    We search existing patents, published applications and relevant technical literature to assess the novelty, inventive step and patentability of the invention.

  2. Specification drafting

    We draft the complete specification with claims, or a provisional specification without claims. A complete specification must be filed within 12 months of the provisional one.

  3. Publication and examination request

    The application is published after 18 months, or earlier on request. The request for examination must be filed within 31 months from the priority date or the date of application.

  4. Examination and hearing

    The First Examination Report must be answered within six months, and where needed we attend the hearing to make submissions.

  5. Grant and renewal

    After grant the patent is renewed every year, and any post-grant opposition is handled.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

What can be patented in India?
An invention that is new, involves an inventive step and is capable of industrial application may be patented, provided it does not fall within the exclusions in Sections 3 and 4 of the Patents Act, 1970. Those exclusions cover, for example, mere discoveries, methods of agriculture or horticulture, and certain computer programmes per se.
Should a provisional application be filed first?
A provisional specification secures a filing date while the invention is still being refined. The complete specification must follow within twelve months, failing which the application is treated as abandoned.
How long does grant take?
Timelines depend on the technical field and the Patent Office's workload. Examination begins only after a request for examination is filed, and expedited examination is available to certain categories of applicants, including start-ups and small entities.
Can the firm file patents outside India?
Yes. The firm files international applications under the Patent Cooperation Treaty and direct Convention applications, working with associate firms in the relevant jurisdictions.

Further reading

From our blog

Articles by the firm's attorneys on patents.

All articles

Official sources

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