Patent services by Ediplis.
Know your chances of getting a patent even before filing it.
Freedom to operate.
Worried you are infringing someone’s patent? Get your product analyzed by our experts for a hassle free product launch.
Oppositions & Invalidations.
Wish to oppose patent applications or invalidate a granted patent? Our patent experts can help you achieve your objectives in a cost effective manner.
Our seasoned patent agents strive to get the broadest scope of protection.
In need of a direction for your R&D? We help you identify white spaces in a crowded technology field.
Getting into a tech transfer, licensing deal, assignment or similar strategic alliance? We can ensure your interests are protected, no matter what.
It is so much more than filling a form. Our specialists help you achieve an efficient and cost effective filing strategy.
Stuck in a legal battle! Let us manage your litigation for a fixed cost so that you can concentrate on things that matter.
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You have come up with an idea and you believe it doesn’t exist and thinking of filing a patent for the idea in India and probably other countries. You work on it further and crystallize it to a level where the idea has taken a form of a unique device, method, composition or a process (commonly known as an Invention).
Protecting your invention or making it open to the public for free
Now the next stage involves understanding your objectives. Are you in interested in maximizing the returns on the research & development which has gone into making the invention, or you are in favour of the open movement and wish to release your invention to the public at large. If you are like the majority of the organizations looking to make revenues, seeking patent protection is the next step you need to explore. But if you want to contribute to the community, go ahead make a publication and let the world enjoy for free. You can even get a patent and choose not to exercise your rights, like Denso Wave, the inventor of QR codes. Or, like Tesla Motors, which has made its patents available for the advancement of the electric vehicle technology.
What is a patent and what do I get as a patent holder?
A patent is a form of Intellectual Property, which protects and covers inventions. It is a limited time monopoly given by countries in exchange for the disclosure of the invention. The patent holder gets exclusive rights for a term of 20 years generally and the world gets the advantage of uncovering new technologies, which otherwise may have been kept secret and ultimately lost.
Determining the possibility of getting a patent is important
In order for an invention to get a patent, the invention has to meet all the criteria for patentability, which includes the following:
- Patentable subject matter
- Utility or capable of industrial application
- Non-obviousness or Inventive step
Even if an invention fails even one of the aforementioned patentability criteria, it will not be patentable. So, even before you start thinking that you have an amazing invention and need to protect it immediately, think about first determining whether the invention satisfies all the patentability criteria. A patentability search is the best way to know with a great degree of certainty about the chances of actually getting a patent, even before going through a long and expensive process with one or more patent offices.
Quickly file your inventions to get the important priority date
After doing a worldwide patent and non-patent search, and determining that all the patentability requirements have been satisfied, though highly recommended but not mandatory, the next step is to file a patent application (Form 1) with the Indian Patent office (or relevant patent office based on the origin of the invention). Based on the state of development of the invention, you can file your patent application along with a provisional specification (commonly understood as a provisional patent application) or a complete specification (Form 2). If a provisional specification is filed, a complete specification (also known as non-provisional application in countries like US) has to be filed within 12 months from the date of filing of the provisional patent application. The practice is universally common with some minor differences in the naming convention in certain countries.
File the application with the correct patent office
Also, the application of patent should be filed with one of the four patent offices in India based on the jurisdiction of the applicant. The four patent offices are located at Delhi, Mumbai, Chennai and Kolkata. The application for a patent can be filed either electronically (digital signature required) or physically at the patent office. (Note: Physical filing involves a higher government fee as compared to electronic filing). Hence, we prefer to e-file all our patent applications. Our patent team at Ediplis Counsels has experience and expertise in dealing with filing and prosecuting Indian patent applications with all the four patent offices in India. For any queries, feel free to reach out to us.
Strategize your international patent applications
Another important thing to know is that patent rights are territorial, i.e. you can get a patent in countries where you file for protection. Hence, a patent filing in India will only provide protection in India. So, technically there is nothing like a ‘World Patent’ or an ‘International Patent’. However, if you are interested in patent protection in other international countries, an international patent protection strategy can be developed and protection can be sought in multiple countries. Protection in international jurisdictions can be sought by claiming protection under the Paris Convention or filing an application through the Patent Co-operation Treaty (PCT) route. In either of the scenario, a decision to protect your invention in other countries has to be made within 12 months of your first filing of the application. Ediplis Counsels’ patent team can help you work out the best strategy to seek protection in multiple countries based on your business requirements and budget. If you have a limited budget and looking to optimize your international patent filing strategy, let us know and we can help you out.
Don’t commit these patent sins
Although, patent is the strongest form of protection for inventions, many applicants land up in trouble with respect to their patentable inventions by not adhering to certain best practices. Not adherence leads to issues which may range from not being able to get a patent eventually or having to share the rights with others. E.g. discussing the invention with others without have confidentiality agreements (NDA’s) in place, or making publications in journals, or not have agreements with inventors and finally having to prove that they or their company owns the invention. Some of these issues can be repaired but some cause permanent damage. So, it is critically important to ensure that you ensure that all patent best practices are maintained in your organization to avoid landing up in trouble later.
Patents is not the end, think of holistic protection
In certain cases, getting patent protection may not be possible for various reasons; or be the right form of protection for your intellectual works. Patents shouldn’t be seen as a single solution but one of the things you should do to comprehensively protect your business interests. E.g. Coca Cola – Their recipe is a trade secret and has lasted for decades for now. If they would have filed a patent, then there would be other coke copycats in a couple of decades, once the patents expired. Moreover, they have invested heavily in protecting and enforcing their trademark. Coca Cola’s trademark is so valuable that if they decide to sell off their brand, they would get much more value from their brand than their property. Keeping the formulation a trade secret and investing in building their brands has let them to have protection virtually indefinitely, which a patent alone can’t provide. So, it is important for you as a business to look at a comprehensive protection and not standalone objects, and we definitely pride ourselves in helping you do so.
Steps for seeking patent protection with Ediplis Counsels
The following sequence of steps are suggested and followed by Ediplis’ patent team:
- Non-disclosure agreements (NDA) – Before disclosing any technical aspects to any third party make sure you have an NDA in place.
- Invention disclosure – Once, we have signed up the non-disclosure agreement, we would request for a detailed disclosure of the invention. This will help us in understanding the technology and take necessary steps to help protect it.
- Do a search for similar technologies – Before starting off with filing a patent application, it is highly advisable to assess whether it is possible to get a patent on the technology you seek to protect. If your technology is a subject matter, which can be protected, a patentability search should be performed to uncover similar technologies to ensure that you are not filing a patent over something which is already out there.
- Do a search yourself for close references and we can analyze the references and give you a patentability opinion.
- We do a search for references and give you a patentability opinion. We provide both patent searches and non-patent literature search services. The search is performed worldwide to identify all related references.
- Patent drafting and filing – To get protection, we need to file a patent application. The first filing secures the date of the application. The application for a patent is accompanied by a provisional patent specification or a complete patent specification. Our team also helps a lot of inventors in securing the all-important priority date by quickly filing provisional patents, so that you can use the ‘Patent Pending’ tag. Based on your needs, the team at Ediplis Counsels can help you draft patent applications, file with the Indian Patent Office and help you maximize returns from your patent filings.
- Filing in other countries – The same period of 12 months from your first filing date (priority date), is the maximum time within which you need to file patent applications in other countries. Based on the countries of interest, we can suggest suitable filing options between the Paris Convention route, or the PCT route; and how to minimize your costs. Also, we can help you select countries where you should seek for protection.
- Publication – Once the application is filed, the patent application in India is published in the patent office journals, ordinarily after 18 months from the date of filing of the patent application, however, there are delays at the patent office and publications are generally getting delayed to an extent. Once, the patent application is published, your patent rights start but they can’t be enforced till the time the application receives a grant.
- Examination – Examination in India doesn’t start automatically. A request has to be made to the Indian patent office to start examining the application. This request has to be made within a period of 48 months from the date of first filing. The examination process involves receiving objections in the form of an examination report, which we need to respond. Generally, one or two examination reports are received for every application. Also, a hearing is requested by the patent office in many cases.
- Grant / Refusal – Based on the examination proceedings, the patent office make a decision and either grant or refuse the patent. Once, your patent application is granted, you can enforce your patent rights.
- Renewals – Once, the patent is granted, it has to be renewed each year. A patent can be renewed till the maximum term of 20 years.
What we at Ediplis counsels believe in and how can we help?
- Fixed cost – Filing and prosecuting a Patent is expensive as it involves a lot of steps spread across 2-5 years generally. Though getting an Indian patent is not as expensive as compared to other countries, but still the cost may run into lakhs as patent attorneys and agents in India are expensive and charge a lot, many a times on an hourly model, which may throw your budget off track. To bring certainty to you in terms of costing, we charge every action on a flat fee. So, you know exactly how much you need to spend.
- Unbiased review and opinions – Sometimes, the love for your invention will cloud your judgment and will lead you to make biased decisions. But be rest assured that we will be transparent & unbiased. We will even tell you what are the realistic possibilities of getting a patent grant and help you decide whether it makes sense or not to file a patent in sync with your business objectives.
- Patent team with technological experience and expertise – Your technology will get attention from a patent expert from a matching domain. All our patent services are offered by skilled Indian patent agents and attorneys, so you know that you are in the right hands. Ediplis Counsels’ is a firm, which provides patent services in Bangalore (our headquarters) and other top cities in the country.
- Wide network of international associates – Over the years of our practice, we have developed strong relationships with our foreign associates in a number of countries. This helps us to get preferred rates from trustworthy and reliable firms across 100+ countries. So, you can be assured that your international patent applications are being taken care like that in India.