Overview
A Patent is an exclusive right granted by the Government of India under the Patents Act, 1970, for an invention that is new, involves an inventive step, and is capable of industrial application. Unlike other forms of IP, a patent protects the “functional” aspect of a product or a process—essentially giving you a 20-year monopoly to prevent others from making, using, or selling your invention without permission.
At Vakalatexpert.in , we bridge the gap between complex engineering and the law. We assist innovators and startups in securing their “Right to Exclude,” ensuring that their R&D investments are protected and can be successfully commercialized or licensed.
What Can Be Patented?
To be patentable in India, your invention must meet three strict criteria:
Inventive Step
The invention must not be obvious to a person skilled in the same field. It must involve a technical advancement or have economic significance.
Types of Patent Applications
We guide you on the best strategy based on your stage of development:
Provisional Application
Filed when an invention is still in the "testing" phase. It secures your "Priority Date" and gives you 12 months to complete the invention and file the full specification.
PCT International Application
If you plan to protect your invention globally, we help you file via the Patent Cooperation Treaty, allowing you to seek protection in up to 150+ countries.
The Patent Filing Lifecycle
Patentability Search
A global search of existing patents (Prior Art) to ensure your idea is truly unique.
Drafting (Form 2)
Our experts draft the technical and legal specifications of your invention. This is the most crucial step.
Filing (Form 1)
Submitting the application to the Indian Patent Office (IPO).
Publication
The application is typically published in the Official Journal after 18 months (unless "Early Publication" is requested via Form 9).
Request for Examination (RFE):
You must request the IPO to examine your patent (within 48 months of filing).
First Examination Report (FER)
Responding to objections raised by the Patent Examiner regarding novelty or clarity.
Grant of Patent
Once all objections are cleared, the Patent is granted for a term of 20 years.
Why Choose Vakalatexpert.in ?
Technical Precision
We work with subject matter experts to ensure your "Claims" are broad enough to protect your invention but narrow enough to be granted.
TDS & Startup Benefits
We help eligible startups claim 80% rebates on government filing fees under the SIPP (Startups Intellectual Property Protection) scheme
Strategic Drafting
A poorly drafted patent is as good as no patent. We focus on "future-proofing" your technology against competitors.
Exclusive Frequently Asked Questions (FAQs)
A patent is valid for 20 years from the date of filing, provided the annual renewal fees are paid. After 20 years, the technology enters the "Public Domain."
Under Section 3(k) of the Act, computer programs per se are not patentable. However, if your software is linked to a unique hardware function or solves a technical problem in a new way, it can be patented.
The Priority Date is the date you first file your application. In a "first-to-file" system like India, this date is critical because it prevents anyone who files a similar idea even one day later from getting the patent
No. Patents are territorial. To protect your invention in the USA or Europe, you must file separate applications in those jurisdictions or use the PCT route.
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