Drafting a Patent
The cornerstone to successful Commercialization/Out-Licensing of any technology is an enforceable Patent. The value of the technology is negligible if the technical subject matter description is not enabling or fails to reveal all relevant embodiments, and if the claims are narrowly constructed and do not derive support from the specification. Tamil Associates [TA] recognises the value of a well-written patent specification and has a dedicated staff of patent drafters who have generated multiple patents for companies and prominent worldwide IP law firms.
Tamil Associates provides all of its clients with high-quality, consistent patent preparation services in order to help them get the most out of their intellectual property. Leading and expanding patent law firms, corporations, individual practitioners, research institutions, and innovators are among IIPRD’s clients. Tamil Associates provides tailored patent drafting to meet the specific demands of each customer. Our patent drafting professionals have advanced degrees and considerable experience in a variety of fields, including chemical, biotechnology, pharmaceuticals, electronics, electrical, software, and mechanical engineering. We ensures quality control by enforcing strict confidentiality policies and practices.
The following are some of the services we provide for patent preparation:
Complete/provisional specifications for filing in the USPTO, EPO, JPO, PCT, India, and other countries to match client-defined standards.
Holding Disclosure Meetings (DM) with Inventors/Attorneys to ensure that everyone understands the inventive concept and subject matter, as well as the preferred implementations/embodiments, in order to optimise the patent application's impact.
Patent application proofreading to guarantee that each patent application is semantically and syntactically correct.
Filling a Patent
Tamil Associates (TA) offers Indian and international corporations, individual inventors, and law firms effective patent filing services. K&K has shown to be one of the most efficient reporting firms to its clients. We keep a close eye on all deadlines and take the required efforts to meet them.
The Different Types Of Applications Filed With The Indian Patent Office
Ordinary Application- is a first application made for an invention without claiming any priority. This application should be accompanied by a complete specification and claims. (In India, a Provisional Application can be filed too.)
Convention Application- is an application which claims a priority based on a same or substantially same invention(s) filed in one or more of the convention countries in accordance with Paris convention. The application must be filed within 12 months from the date of first application in the convention country.
PCT International Application- is an application which is filed in accordance with the Patent Cooperation Treaty (PCT). A PCT Application can be filed within 12 months of the Indian Filing (Priority) Date or directly without filing in India, by filing Foreign Filing License in accordance with the Section 39 of the Indian Patent Act.
PCT National Phase Application- is an international application which can enter the Indian National Phase within 31 months from the Priority Date or International Filing Date whichever is earlier.
Requirements for Filing
- Full name, Address, Nationality of each Applicant and inventor.
- A copy of the Complete Specification, claims, abstract and drawings (if any), in English Language.
- Verified English translation of the priority document. The same can be submitted subsequent to Filing as well.
- A Power of Attorney signed by an Applicant or an authorized person of each applicant, in original. The same can be submitted subsequent to Filing as well.
- Proof of Right: is a document evidencing transfer of rights from inventor to Applicant (It can be Form 1 signed by all inventors or Notarized Assignment Deed). The same must be submitted within six months of the Indian Filing Date.
- The duly completed Applicable Forms required for Indian Patent Filing shall be provided to our clients, for the signatures, upon entrusting us with filing an application in India.
- The Indian Patent Office requires details of the Corresponding Applications filed outside India (such as Name of Countries, Application Date and Number, Status of Application, Date of publication etc.) according to Section 8 of the Indian Patent Act. Such Details are filed in Form 3 and can be filed within six months of the Indian Filing Date. Further on change of any status of such Foreign Application including any communication with the respective Patent Office, it is an obligation of the Applicant to inform the Indian Patent Office of any status change within six months of any such change.
Important Dates to Remember
- A Request for Examination must be filed within 48 months of the Priority Date or Filing Date, whichever is earlier. While the Request for Examination can be filed any time with this timeframe, the application shall be examined only after publication. (An Application shall ordinarily be published within one month from the date of expiry of 18 months from the Priority Date or Filing Date, whichever is earlier).
- Form 3 must be filed within six months of any activity (Filing, Publication, Any Examination Report Receipt/Response etc.) of any application filed in other country/countries.
- Working of invention statement, in Form 27, must be filed by every patentee and licensee in respect of every calendar year within three months of the end of each year. The form will contain information such as periodical statements as to the extent to which the patented invention has been commercially worked in India.
Prosecution of a Patent
The term “patent prosecution” refers to the interaction between a patent applicant/representative and a patent office over a patent. The patent prosecution process entails a significant amount of discussion with the patent office, and hence has a high impact value for the client. We recognises the value of a patent and the importance of the patent prosecution process.
The preparation of responses during the prosecution phase requires an in-depth analysis of the invention along with the prior arts taking into consideration the patentability criterions. The First Examination Report (FER) is issued ordinarily within 12 months of filing Request for Examination, provided the Application is published at the Indian Patent Journal.Our prosecution services include:
- Drafting of Responses to Examination Reports.
- Strategizing amendments and arguments for the patent application for maximizing impact.
- Technical Analysis of Examination Report.
- Technical Analysis of Cited Prior Arts.
