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Which can be easily filed in other countries without modifications
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“Before you move further, we wish to thank you for being part of the Indian Innovation Growth Story. Being part of the same, IPexcel, for the first time is bringing Global Quality Patent Services to Indian Innovators with a World Class team of Patent Attorneys & Professionals unmatched by our Competitors.”
It is the Patent Attorney’s responsibility to guide an Applicant through the procedure of a Patent Registration. A Patent is a right that is attained by an Applicant on a product/process for his/her invention for a certain period of time. The Government has prescribed Laws, Rules and Regulations and has set the criteria that are to be met by the invention in order to get the Granted Patent. It sometimes can get too tedious for the inventor to go through the entire process of Patent registration and understand the prescribed Law and procedure required for getting a Patent granted. A Patent Attorney will help you through the Patent registration procedure and minimize the probability of rejection of the filed Patent application during the examination.
Patent Lawyers are well versed with the legal as well as technical understanding which enables them for meeting the set requirements of the Patent and related Laws. Patent Attorneys are those professionals who hold the best possible knowledge and qualifications to deal with a Patent related matter. It is important to understand that Patent applications are not only technical document rather it is a techno-legal document which should be drafted from technical as well as legal point of view. The techno-legal document contains claim(s) which is the most important part for the enforcement of right, and it requires legal as well as technical skill in order to cover the invention in a manner that provides the best possible protection of the invention.
The role of Patent lawyers for the Patent related matter can be divided into three phases:
a) Before the Patent filing phase:
i) Patent Attorneys can help in providing legal opinion: A Patent attorney will help the inventor in taking an informed decision. The Patent attorney will be providing insights that are based on the search report. A search report is a document made to identify the patentability of an invention. Drafting, filing and maintaining of the Patent application requires a lot of money. So, it is better to have some understanding from the search report about the probability of getting the Patent granted before filing it. The Search report also helps in the drafting of the Patent application by providing clear understanding of the prior art or the state- of-the-art for claiming the invention in the best possible way so that it won’t claim the invention which is already claimed or Patented.
b) Patent drafting, filing, and the grant phase:
i) Patent Attorneys can help in the drafting of Patent Application by considering all the technical and legal knowledge;
ii) Preparation of the prescribed Forms;
iii) For advising the best possible way for getting the granted Patent in the most effective, efficient and in best possible time frame;
iv) In representing the Patent case before the controller during the examination and in hearing.
c) After the grant of Patent application phase:
i) Can help in maintaining and fulfilment of other requirements related to the granted Patent;
ii) Can advice for licensing, selling and other transactional matter related with the Patent;
iii) Can represent in the litigation for the cases related to the infringement and other legal matter.
“Patent Attorneys” per se is not defined under the Law. However, it can be interpreted or used in the following two ways:
1. Registered Patent Attorneys in India are those professionals who have qualified the Patent Agent exam and have a technical degree along with a law degree;
Patent Lawyers in India are those professionals who are competent for the drafting of the Patent application, preparation of prescribed forms and filing of forms with the signatures in the Patent office. Further, Patent Attorneys are also competent to represent the case before the controller and in the litigation before the court.
2. Patent Attorneys in India are those professionals who have a law degree and are representing the Patent related matter in the litigation:
Patent Lawyers in India are those professionals who can represent the Patent related matter in front of the controller for hearing and in litigation before the court.
Patent Attorneys in India: If someone is looking for Patent attorneys in India, they may find them either through the law firms, through the directory available on the internet or through the entity where they are working. With growing technology and innovation the role of Patent Attorneys in India is also becoming important for providing valuable inputs related to Patent protection and its related laws. Patent Attorneys in India play an important role in providing the best possible approach for protecting and utilising Patent in the business strategy.
It can be concluded that Patent Attorneys can play a crucial role in providing the best possible approach for protecting and utilising the Patent in the business strategy. A Patent can play a crucial role in the business decision or for making the future strategic plan, in all cases, Patent Lawyer can help in taking the informed decision from the technical and legal front which eventually may lower down the risks related to the Patent dispute.
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