Patent is an exclusive right granted by the government of a state to the owner of an invention. A granted patent provides the owner of the patent a monopoly for about 20 years in respect of the invention, particularly in respect of commercial exploitation of the said invention. In India, patents are governed by The Patents Act, 1970 and The Patent Rules, 2003.
PATENTABILITY SEARCH AND ANALYTICS
Novelty and Inventive-step/non-obviousness are the prerequisites for getting a patent. We help our clients in ascertaining patentability through conducting novelty/patentability searches even before incurring financial investment for such invention to safeguard every penny invested by our clients in their inventions.
We also conduct freedom-to-operate (FTO) searches, validity/invalidity searches, infringement searches, patent landscaping and white space analysis.
Drafting patent application is the most complicated task in the whole process of procuring a patent. The patent drafting includes explaining the technical aspects of an invention which meets with the legal prerequisite. We help our clients in drafting their inventions in such a way to meet legal prerequisite as well as explaining the technical aspect in its best through our Attorneys having relevant scientific/technical background with experience in patent practice.
FILING AND PROSECUTION
Patent grant/registration involves complex procedural requirements and a high level of negotiation between the patent office and the applicants/inventors in respect of technical aspect of the invention. We help our clients to uphold their interest through complying the procedural requirements and negotiating on behalf of our client through strategic amendments/responses and arguments.
We also represent our clients before Patent Cooperation Treaty (PCT) and International Bureau (IB). We have a vast network of reliable foreign associates to represent our clients before foreign patent offices at reasonable fee structure.
OPPOSITIONS AND REVOCATIONS
Grant of patent would not guarantee its validity. Grant of a patent can be challenged any time before grant through filing pre-grant opposition. Similarly, validity of a granted patent can also be challenged any time after the grant by filing post-grant opposition/revocation. We strategically deal with such complex issues and defend such challenges securing our client’s interest at best.
We also help our clients in preparing and filing representations for pre-grant oppositions/post-grant oppositions and revocations.
A patent has no value if it is not commercialized. We facilitate the commercialization process by providing various services related to licensing, technology transfer agreements, patent audits etc. We also help our clients in finding prospective partners for commercializing their inventions.
Holding a granted patent doesn’t guarantee the exercise of exclusive rights. Such rights have to be exercised through proper legal mechanism. We ensure effective enforcement of patent rights of our client through suitable pre-litigation measures. We also ensure effective enforcement through obtaining favorable injunctions orders where the pre-litigation measures would not suffice.
We have a team of dynamic lawyers having technical background and having comprehensive experience in patent law to represent our clients before all level of courts (District Courts, High Courts and the Supreme Court) and various tribunals for safeguarding the interest of our clients.
Delhi IP has a team of dynamic lawyers and technical associates having diverse domain technical expertise. We have capability to handle the below mentioned technical areas:
- Pharmaceuticals Science: Medicinal Chemistry, New Chemical Entity (NCE), Synthetic Processes, Pharmaceutical Formulations/Dosage Forms (Solid Oral, NDDS, Microspheres, Nano-Particles, Liposomes, Neosomes, Sustained Release Drug Delivery Systems), Drug Delivery Systems, Medical Devices, Method of Use, Therapies, Bio-Pharmaceuticals etc.
- Medical Science: Medical Diagnostics, Medical Devices, Method of Use, Therapies, Biochemistry, Molecular Biology etc.
- Chemistry: Organic Chemistry, Inorganic Chemistry, Polymer Chemistry, Synthetic Chemistry, Photochemistry etc.
- Biotechnology: Antibodies, Method of Treatment, Diagnostic Kits, Genetic Engineering etc.
- Computer Science & IT: Method, Device and Systems, Software Inventions, Artificial Intelligence, Process Managements etc.
- Electronics and Communications: Communication Channels, Data Transmission, IoT, Tele-Communication, Robotics, Embedded Systems s etc.
- Electricals: Novel Conductive Compounds, Low Resistivity Mechanism, Susceptibility Fusion, Load-Shedding Systems
- Augmented Reality (AR) & Virtual Reality (VR): Novel Applications of Augmented Reality & Virtual Reality (VR).
- Mechanical Engineering: All Medical or Non-Medical Devices, Apparatuses etc.