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IPExcel is a specialized Technology Research and Consulting Organization, headquartered in San Francisco, USA, and founded by IIT Kharagpur & IIM Bangalore Alumni. Today, IPExcel works globally with Fortune 500 Companies, MNC’s, Institutes, SME’s, and Technical Startups and engages with National and International Clients for supporting them at different stages of Innovation.
IPExcel operates across the whole Innovation cycle and helps its Clients in Understanding, Innovating, Protecting, Marketing, Commercializing and, Acquiring Technologies. IPexcel has a vibrant and healthy blend of Technological, Legal, and Management Expertise that equips us to help our Clients in creating Innovations and leveraging such Innovations to generate the best value.
Helping organizations in identifying or creating Innovations.Read More...
Obtain High Quality, Broad, Strategic, and Valuable Patent Protection for Inventions.Read More...
Supporting Clients in Technology Assertion or safeguarding Clients from Technology Assertion.Read More...
Discover & Acquire Technologies for Clients or Market & license-out Technologies for Clients.Read More...
Helping the clients in development of a software compliant with various Open Source LicensesRead More...
The term of every granted Patent in India is 20 years from the Patent filing date. For an International Patent filed under Patent Cooperation Treaty (PCT) designating India, the term is 20 years from the International Patent filing date given under PCT.
Patent filing is possible in any of the four Patent offices located in New-Delhi, Mumbai, Kolkata, and Chennai. Each Patent office facilities Patent registration and has its own prescribed territorial jurisdiction that depends upon the applicant’s residence, domicile, place of business, and origin of the invention. For foreign applicants, it depends on their address for service in India.
Indian Patent filing requires prescribed documents and forms such as form-1, form-2, form-3, form-5, form-26, form-28 (if required) for Patent registration. A priority document is required for convention Patent filing or PCT Patent filing and if the previously filed Patent application is in a language other than Hindi or English, a verified translation of the same is also required.
Yes, an inventor himself/herself can do a patent filing in India by themselves. Provided, an applicant should have the correct understanding of the Patent system, Patent related laws & rules, Patent drafting, Patent filing, and should have a digital signature of a specific type.
Patent Attorneys are qualified Patent Agents with a law degree or have a law degree and are representing in Patent related matters in-front of the Controller or Court. They can help with various Patent related matters such as patentability opinion, Patent drafting, Patent filing, Patent prosecution, Patent transactional matters, and can represent in litigation as well.
From a normal internet-based search one can get large number of Patent registration service providers. Patent registration service providers help their clients for Patent registration and its related matters. IPexcel is one of the largest Patent Registration service providers in India today and can help you with the same.
Depending on the type of Patent filing, stages for Patent registration may vary. However, the typical Patenting process includes, Patent filing in the Indian Patent Office, Patent publication in the official gazette, Patent examination, Patent prosecution, and Patent decision such as grant or rejection.
The examination of a Patent application is not an automatic process. An applicant or any other interested person needs to make a request within 48 months from the date of priority or the Patent filing date in a prescribed manner to initiate the patent examination process.
Patents are territorial in nature. One cannot get a worldwide or International Patent which can be universally enforced. An applicant needs to perform a separate Patent filing in each country.
An online Patent filing is easier to perform than offline Patent filing. An online Patent filing enables easier documentation, does not require you to submit hard copies, soft copies can be directly filed online, allows to keep all records in one place, allows to check the status of the application in real-time and official fee for online filing is also lower than offline filing
In India, the Patent Office from its branch offices provides a facility for Patent Registration and also grants the Patents to an Applicant. It is administered by Office of the Controller General of Patents, Design & Trademarks (CGPDTM), an agency under the Department for Promotion of Industry and Internal Trade (DPIIT).
Yes, an online Patent registration can be performed through a web-based comprehensive e-filing online portal. It provides facilities for interaction, communication, and transaction between the Indian Patent Office and stakeholders.
Normally, the official cost for Patent filing in India depends on three factors such as type of entity, online or offline filing and the number of pages needs to be filed as per the first schedule of the Patents Rules, 2003.
|On what payable (in INR)||For e-filing||For physical|
|Natural person(s) and/ or Start-up||Small entity, alone or with natural person(s) and /or Start-up||Others, alone or with natural person(s) and/or Start-up and/or small entity||Natural person(s) and/ or Start-up||Small entity, alone or with natural person(s) and /or Start-up||Others, alone or with natural person(s) and/or Start-up and/or small entity|
|Application for a Patent||1600/-||4000/-||8000/-||1750/-||4400/-||8800/-|
|For each sheet of specification in addition to 30||160/-||400/-||800/-||180/-||440/-||880/-|
|For each claim in addition to 10||320/-||800/-||1600/-||350/-||880/-||1750/-|
|For each page of sequence listing of nucleotides and/or amino acid sequences||160/- subject to a maximum of 24000||400/- subject to a maximum of 60000||800/- subject to a maximum of 120000||Not Allowed||Not Allowed||Not Allowed|
A Patent Agent is a qualified professional who is authorized by the statute of India to practice before the Indian Patent Office. A registered Patent agent is allowed to represent the inventor or the applicant before the controller for the preparation, filing, and prosecution related matters of the Patent.
Patent filing requires technical and legal expertise. There are almost thirty forms, intermediate procedures, fees, timelines, and other formalities that one should not miss. If one can handle the discussed complexities then he/she can file a Patent application by themselves or to avoid unnecessary issues, and save time & effort, one may consult a Patent Agent or a Patent Attorney.
There are different factors, one may consider before consulting a Patent registration service provider, such as qualification and size of the team, domain expertise and skillsets, and history of the Patent registration service provider.
Publication is a crucial stage of the Patent registration process where the Patent application filed in the Indian Patent Office is published automatically in the Official Journal of the Patent Office after 18 months from the Patent filing date.
Based on the requirements, different types of applications can be filed for Patent registration in the Indian Patent Office:
1. Provisional application
2. Complete application
3. Convention application
4. PCT application
5. PCT-National Phase application
6. Patent of addition
7. Divisional application
For Patent filing in India, it is not mandatory to have a prototype. In the application, an applicant needs to describe the invention and its operation or use and the method by which it can be performed in detail to fulfill the legal requirements of patent filing.
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