Attorneys-at-Law · Patent and Trademark Agents
Our patent attorneys all have strong technical backgrounds and expertise in handling patent cases relating to every area of technology, including mechanical, electrical, electronic, chemical, pharmaceutical and biotechnology inventions. Our patents department is responsible for reviewing technical literature provided by clients, drafting patent specifications, filing and prosecuting patent applications in every country of the world, conducting patent searches and providing expert opinion on patentability, patent validity, freedom to operate and infringement.
We are engaged in opposition proceedings for many of our overseas clients and also involved in several high profile contentious matters before various courts in India. We file and prosecute patent applications on instructions from several in-house counsels and leading law firms across the world.
We have a healthy mix of domestic and international clientele, and are exposed to - and aware of - the latest developments in most jurisdictions of the world.
How do Patents work in India?
Patent Law in India is governed primarily by The Patents Act, 1970, and The Patents Rules, 2003. The grant of a patent right confers upon the holder -
where the subject matter of the patent is a product, the exclusive right to prevent third parties who do not have the patentee's consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India;
where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have the patentee's consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India.
In 1948, India became a contracting party to the General Agreement on Tariffs and Trade (GATT), a multilateral agreement regulating international trade. When the World Trade Organisation (WTO) replaced the GATT in 1995, India became a member of the WTO, and a signatory to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement).
The TRIPS Agreement sets standards for WTO member countries of the minimum protection that must be offered to intellectual property rights holders, remedies for enforcement of intellectual property rights within the member countries as well as methods of dispute resolution between member countries with regard to TRIPS compliance and obligations. The Patents Act 1970 is TRIPS compliant, as is all related Indian legislation.
India is also a signatory to the Patent Cooperation Treaty, or the PCT. The PCT provides for an international filing date, an international search, and where desired, an international preliminary report on patentability.