Patent Filing And Prosecution

PROTECTING YOUR INNOVATIONS AND TECHNOLOGICAL ADVANCES

Innovation drives business success, but without proper protection, your inventions can be copied by competitors. SAFE Legal Solutions provides comprehensive patent services to secure exclusive rights to your technological innovations, processes, and designs.

WHAT IS A PATENT?

A patent is a legal right granted by the government that gives inventors exclusive rights to make, use, sell, and license their inventions for a specified period (20 years for regular patents, 15 years for design patents). Patents protect technical innovations, industrial processes, product designs, and technological improvements.

TYPES OF PATENTS WE HANDLE

UTILITY PATENTS

Protect functional innovations, processes, machines, compositions of matter, and improvements to existing technologies. Valid for 20 years from filing date.

DESIGN PATENTS

Protect the ornamental or aesthetic design, this is for my website of articles, products, or industrial designs. Valid for 15 years from grant date.

PROVISIONAL PATENTS

Establish an early filing date while allowing 12 months to develop the invention further before filing a complete specification. Provides “patent pending” status.

DIVISIONAL PATENTS

Derived from parent applications when inventions contain multiple patentable concepts, allowing separate protection for distinct innovations.

PATENT SERVICES OFFERED

PATENTABILITY ASSESSMENT AND SEARCH


➤ Comprehensive prior art search across global patent databases
➤ Technical feasibility and novelty evaluation
➤ Patentability opinion and risk assessment
➤ Competitive landscape analysis
➤ Freedom-to-operate analysis for commercial launch
➤ White space identification for innovation opportunities

PATENT DRAFTING AND FILING


➤ Provisional patent application preparation for early priority
➤ Complete specification drafting with detailed claims
➤ Technical drawings and illustrations preparation
➤ Strategic claim drafting for maximum protection scope
➤ Filing with Indian Patent Office or international authorities
➤ PCT (Patent Cooperation Treaty) applications for global protection

PATENT PROSECUTION AND EXAMINATION


➤ Responding to examination reports and objections
➤ Technical and legal arguments preparation
➤ Prior art citation analysis and rebuttal
➤ Claim amendments and specification modifications
➤ Interview with patent examiners when required
➤ Appeal preparation and representation

INTERNATIONAL PATENT PROTECTION


➤ PCT international applications covering 150+ countries
➤ National phase entry in target countries
➤ Paris Convention priority claim management
➤ Translation services for foreign patent offices
➤ Foreign associate attorney coordination
➤ Multi-jurisdictional patent strategy development

PATENT PORTFOLIO MANAGEMENT


➤ Centralized patent portfolio tracking and monitoring
➤ Annuity and maintenance fee payment management
➤ Patent renewal strategy and cost optimization
➤ Patent audit and valuation services
➤ Portfolio pruning recommendations
➤ Competitive intelligence monitoring

PATENT LICENSING AND COMMERCIALIZATION


➤ Patent licensing agreement drafting and negotiation
➤ Technology transfer agreements
➤ Patent assignment and ownership transfer
➤ Joint development and co-ownership agreements
➤ Patent valuation for licensing or sale
➤ Royalty structure and payment terms negotiation

PATENT ENFORCEMENT AND LITIGATION SUPPORT

• Infringement analysis and evidence gathering
• Cease and desist notices to infringers
• Patent infringement litigation support
• Validity and invalidity challenges
• Patent opposition proceedings
• Customs recordation for import/export control

PATENT INVALIDITY AND OPPOSITION

• Pre-grant opposition filing against competitor patents
• Post-grant opposition and revocation petitions
• Prior art discovery and citation
• Technical expert testimony coordination
• Invalidity opinions for defensive purposes

OUR PATENT PROCESS

STAGE 1

Invention Disclosure And Assessment
(weeks 1-2)


➤ Detailed inventor interview and invention documentation
➤ Technical feasibility and commercial viability assessment
➤ Comprehensive prior art search in patent databases
➤ Patentability opinion with registration likelihood
➤ Strategic recommendations on filing approach

STAGE 2

PATENT APPLICATION DRAFTING (Weeks 3-6)

➤ Detailed specification drafting with technical descriptions
➤ Strategic claim set development (independent and dependent claims)
➤ Technical drawings, flowcharts, and illustrations preparation
➤ Abstract and summary preparation
➤ Client review and revision incorporation

STAGE 3

FILING AND FORMALITIES (Week 7)

➤ Application filing with Indian Patent Office or WIPO
➤ Filing receipt and application number confirmation
➤ Priority document preparation for international filings
➤ Publication request submission (if early publication desired)
➤ Recordation in client patent portfolio database

STAGE 4

EXAMINATION AND PROSECUTION (Months 18-36)

➤ Examination request filing within prescribed timeline
➤ First Examination Report (FER) review and analysis
➤ Response preparation with legal and technical arguments
➤ Amendments and claim modifications as needed
➤ Follow-up submissions and examiner interviews

STAGE 5

GRANT AND MAINTENANCE (Months 36-48)

➤ Grant notification and patent certificate issuance
➤ Publication in Patent Office Journal
➤ Annuity payment schedule establishment
➤ Working statement compliance monitoring
➤ Patent enforcement readiness consultation

PATENT COSTS IN INDIA

GOVERNMENT FEES (INDIA)

For Individual/Startup/Small Entity:


➤ Provisional Application: ₹1,600 to ₹2,000
➤ Complete Specification: ₹4,000 to ₹8,000
➤ Examination Request: ₹4,000 to ₹8,000
➤ Annual Maintenance (Years 3-20): ₹800 to ₹8,000 per year

For Other Entities (Large Corporations)


➤ Provisional Application: ₹8,000 to ₹10,000
➤ Complete Specification: ₹16,000 to ₹32,000
➤ Examination Request: ₹16,000 to ₹32,000
➤ Annual Maintenance (Years 3-20): ₹4,000 to ₹40,000 per year

SAFE PROFESSIONAL FEES


➤ Prior Art Search and Patentability Assessment: ₹25,000 to ₹50,000
➤ Provisional Patent Drafting and Filing: ₹40,000 to ₹60,000
➤ Complete Specification Drafting and Filing: ₹80,000 to ₹1,50,000
➤ Examination Response (per response): ₹40,000 to ₹1,00,000
➤ PCT International Application: ₹1,50,000 to ₹3,00,000
➤ National Phase Entry (per country): ₹60,000 to ₹1,50,000

INTERNATIONAL PATENT COSTS


➤ PCT Filing (covers multiple countries): ₹2,00,000 to ₹4,00,000
➤ US Patent Filing: ₹3,00,000 to ₹6,00,000
➤ European Patent Office (EPO): ₹3,50,000 to ₹7,00,000
➤ China Patent Filing: ₹2,00,000 to ₹4,00,000

Costs vary based on technical complexity, claim count, and invention scope.

PATENT TIMELINES

INDIA PATENT TIMELINE

➤ Provisional to Complete Specification: 12 months
➤ Application to Publication: 18 months from filing/priority
➤ Publication to Examination Request: Within 48 months
➤ Examination to First Examination Report: 6-12 months
➤ Response Time for Applicant: 6-12 months
➤ Total Time to Grant: 3-5 years (typically)

INTERNATIONAL TIMELINES

➤ PCT Application Priority Period: 12 months from first filing
➤ PCT Search Report: 4-6 months from PCT filing
➤ National Phase Entry Deadline: 30-31 months from priority date
➤ Grant timelines vary by country: 2-7 years

PATENTABLE SUBJECT MATTER IN INDIA

WHAT CAN BE PATENTED

• Machines, devices, and apparatus
• Manufacturing processes and methods
• Chemical compositions and formulations
• Biotechnology and pharmaceutical innovations
• Computer-implemented inventions with technical effect
• Improvements to existing technologies
• Industrial designs and product configurations

WHAT CANNOT BE PATENTED IN INDIA

• Mere discoveries of natural phenomena
• Scientific theories and mathematical methods
• Computer programs per se (software without technical effect)
• Business methods and algorithms alone
• Medical treatment methods for humans/animals
• Plants and animals (except microorganisms)
• Inventions contrary to public order or morality
• Atomic energy-related inventions

WHY CHOOSE SAFE FOR PATENT SERVICES

High-quality Drafting

Our patent specifications are drafted with meticulous attention to claim scope, technical accuracy, and enforceability, maximizing the commercial value of your patents.

Commercialization Focus

We understand that patents are business assets. Our advice considers licensing potential, competitive barriers, investor appeal, and commercial leverage.

Cost-effective Approach

We provide transparent pricing and strategic guidance on where and when to file patents, helping optimize your IP budget while maximizing protection.

Strategic Patent Portfolio Development

We do not just file patents; we develop comprehensive patent strategies aligned with your business goals, competitive landscape, and commercialization plans.

Technical And Legal Expertise

Our team includes patent attorneys with engineering and scientific backgrounds (mechanical, electrical, computer science, biotechnology, chemistry) who understand both the technical and legal aspects of patent protection.

Prosecution Excellence

Our deep experience in patent prosecution results in higher grant rates and stronger patent claims that withstand examination and potential challenges.

Global Patent Capabilities

Our network of international patent associates enables seamless multi-jurisdictional patent protection across all major markets worldwide.

PERFECT FOR: Technology startups protecting core innovations, research and development companies securing competitive advantage, pharmaceutical and biotech firms protecting formulations and processes, manufacturing companies protecting production methods, individual inventors seeking patent protection, universities and research institutions commercializing research, established corporations managing patent portfolios.