Practice Area

Patents

A patent — known as a utility patent in the US — is a monopoly granted for a patentable invention. It bundles five exclusive rights: to use, make, offer to sell, sell, or import. An invention that satisfies the tests of novelty, non-obviousness, and utility may be protected on a first-to-file basis.

Provisional & complete applications
Paris Convention & PCT routes
National phase strategy
Renewals & compliance
01

Provisional and Complete Patent Application

The race to “first to file” has created two stages of disclosure. A provisional application secures priority when an invention is achievable within twelve months. A complete application must follow within that window — otherwise the provisional expires. Patent term is counted from the complete application filing date.

02

Product and Process Patents

Applications may cover an invented product or a process yielding a tangible result. The first filing — usually at the residence patent office — is the basic or priority application; its date becomes the priority date.

Under Indian patent law, Indian residents must file the basic application before the Indian Patent Office. Applicants then have twelve months from the priority date to file in other jurisdictions without losing priority.

03

International Patent Applications

Applications in different countries for the same invention form a patent family — national rights for one invention, not a single international patent. Two primary routes exist: the Paris Convention and the Patent Cooperation Treaty (PCT).

  • Paris Convention: twelve months from the basic filing to claim priority abroad
  • PCT: a single international window to pursue national phase entries in member states
  • National phase in India: up to thirty-one months from the priority date for PCT applications
  • Minimum patent term under TRIPS: twenty years from priority or PCT filing as applicable
04

Renewal and Post-Grant Compliance

After grant, patents require annual renewal fees — payable yearly or for multiple years at once. Patentees in India must also file an annual statement on commercial working of the patented invention.

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