Here are simple 4 essential steps one needs for choosing the right patent attorney in India
The patent is ideally a statutory right that the Government of India grants for any process or product that meets the patentability criteria. The patent term is around 20 years from the filing date and is also subject to terms and conditions. The claims dominate the scope and the types of the patentee’s rights. If you are an investor, you must ensure that you choose the right patent attorney in India.
Patent rights are generally territorial, meaning if you are an Indian patent, you can only be valid in India. If you want to have patent right in any foreign country, you must apply in the required nations within one year from the priority date of the application filed in India.
You need to align with some conditions to be granted a patent. The invention can either be a processed product, should have industrial applicability novelty, and should not be evident to a person skilled in the art.
Furthermore, the invention should not fall in the invention categories which are not patentable disclosed in Sections 4 and 3 of the acts. There are several benefits that a patent can make the most of. For institutions and companies, it helps generate a great image so you can enjoy a brand image in the market. Patents can be a great income source for the patentee, provided the innovation does good in the market.
A patent can also add value if you are a student or on a professional record, helping you improve the odds of getting admission to a good institute for higher studies or getting a job. You can get the filing date, also known as the priority date, whenever you file the patent application. The patent rights are then calculated, taking the priority date into account, making the disclosure of your invention seamless after the application is filed. It is beneficial when the inventor must disclose their invention publicly through publications or events. It becomes possible for the inventor to disclose the invention part once the priority date is secured. It also makes it easy for business owners to get investments for the company once the patent is filed.
How To Get A Patent
The first step is to document the novelty idea in detail once the new idea is conceived. Besides that, you also need to consider the problems that might come with the invention. Don’t forget to address it in time. Finally, you must understand if any similar documentation or invention exists already. The patent specification should be drafted and filed in our country as soon as possible if you feel your idea, is novel. It will help you claim the earliest possible priority date. You should also note that the patent application should be filed by an Indian patent agent only registered in India.
Once the publication is filed, it will be published on the official web portal of the Indian Patent Office after 18 months’ expiry from the date of filing. It means after the patent examiner examines the application. You need to meet all the objections if the examiner submits some complaints. The inventor or the examiner will grant you the patent right once everything has been cleared.
There can be some opposition to the grant of application after the application is published. The oppositions are known as pre-grant opposition if such oppositions would be against the invention that is filed already within 12 months from the filing date. The positions are known as post-grant opposition if the exact oppositions are filed 12 months from the patent grant date or the post-grant opposition.
Why Should You Choose The Right Patent Attorney?
Selecting the right patent attorney is important because the patent document is one of the most challenging documents. It takes a high level of technical and legal knowledge to draft a patent application accurately to capture all the essence of the invention. Furthermore, subsequent prosecution after applying is to employ the services of a skilled patent company or agent. Other processes that the parent company and agent undertake include maintaining the patent application and responding to the objections the examiner raises.
Steps To Choosing A Patent Attorney
Understand The Attorney’s Background:
Registered patent lawyers in India do not have any technical background. All they need to have is that qualification in the law degree. So, you should always do background research. The type of patent applications they have prepared or the patents they’ve been granted for the claims filed by them are some things you need to check before choosing the attorney for a patent. For example, if you want a software patent, you need to select an attorney with the applicable technical knowledge in that niche.
Choose The Registered Attorney
The Bar Council of India registers all the patent attorneys in India, while the patent agents need to clear the examination to get the agent registration number. Therefore, it would help if you had background research and ensured that your patent attorneys are registered.
Get some clarification on the expenses.
You must understand the expenses with the patent attorney so that you do not experience patent protection cost overdraft. In addition, the overrun of the fees might result in ignorance of your rights. Instead of having a time billing arrangement, you need to ask the patent attorney to provide some fixed cost reference in advance to have certainty regarding the patent pending protection.
Consider Building A Rapport
You need to have a good relationship with your patent attorney so that they can effectively help you achieve all your protection objectives. Furthermore, relationship with the attorney will confirm that you trust them with your invention and its working, which will help you build a robust patent application. Before listing the invention’s details, consider meeting with your patent attorney and learning about their background and experience. The applicant should always provide the attorney with an authorization letter before applying.
It is straightforward to find a professional patent today as the ability of the information is on the website. If you are an investor, you should know all the parameters of their inventions and then choose the patent attorney.
If you are looking for the best patent attorney in town then Vakilsearch is the one-stop destination for the same, offering the best services.