“ Let Agnihotri & Jha Associates® represent you and your work and get the patent right you deserve”
Agnihotri & Jha Associates® is a service law firm which has a dedicated IP team. Agnihotri & Jha Associates® has been the law firm of choice for many corporations to handle their patent relating matters for over a decade. Agnihotri & Jha Associates® has expertise in Patent Application, Defense and Appeal. Their work is flawless and have always been a leader with the industry. The firm is an expert in prosecution and opposition of IP matters.
Meaning
Patent fundamentally is a right which is granted to the owner for an invention to prevent other players in the market from importing, manufacturing, using or selling the invention without the authority or permission from the owner. The patent given the owner an exclusive right over the invention and there is protection available against any infringement of the right. The patent owner can authorize any party to use the patented good of process subject to limitations.
The invention or innovation that is considered for patenting must be new and not obvious in order to succeed. The invention must have industrial use and application. The patent protection is available to the owner only in the country where the patent for the invention is granted. Therefore, the patent does not give international protection. The owner is required to apply for patent in other countries as well to extend scope of protection. Agnihotri & Jha Associates® provides its clients with a wide range of services which allows them to provide effective and efficient representation to its clients. The team also represents overseas clients seeking a patent in India.
Registration
A patent application in India can be either made individually or jointly. After the application for grant of patent is made before Patent Office, the applicant must request for the examination of the application. After the Examination Report is issued, the applicant is required to act on the requirements or deficiencies highlighted in the report. The applicant is required to revert meeting the requirements of the report within a stipulated time period of 12 months from the date of the examination report.
If the applicant does not revert within the stipulated time period of 12 months, then the authorities will presume that the applicant has abandoned the application. However, if the applicant meetings the requirements of the report and issues clarifications as required by the report, the authorities will consider the submission and then grant the patent to the applicant. Upon the grant of the patent to the applicant, the same is notified in the journal.
Once the grant of patent is notified in the journal, any interested party can file opposition to the grant of the said patent. However, the same needs to be done within a period of 12 months from the date of publication. The team at Agnihotri & Jha Associates® has an experienced team of lawyers and patent experts who can aid in parties seeking to oppose patents.
The opposition can be made either at pre-grant stage of post-grant of patent stage. However, pre-grant applications will only be considered after the request for examination is received within the stipulated time period. The patent is granted to the successful applicant for a limited period. The patent once granted and valid for a period of 20 years from the date of grant. The average time period for a patent application to succeed with the grant of patent is around 4 years from the date of the original application.
Remedies
The patent gives an exclusive right to the owners of the patent. In case of infringement, the owner of the patent can seek civil remedies. The owner of patent can seek injunction or damages from the infringing party. Patent infringement claim can only be initiated after the final grant. However, application seeking remedies for retrospective claims can be made. The retrospective claims can be for infringement after the publication of the grant in the journal.
With increased innovation and foreign investments, there is a significant boom in the applications for patent from various companies as well as individuals from across the country. Having a expert team of patent experts and lawyers is ideal for anyone seeking to successfully apply for a patent in India. The team at ADJ Legal also appears for international clients at all stages of the patent application.