Patent filing, PCT national phase and enforcement in India for foreign applicants.
A foreign company protecting an invention in India usually enters through the PCT national phase or a Paris Convention route, and the India-specific provisions can materially affect what is patentable and how the application fares. Section 3 excludes certain subject matter, including specified software and business-method claims and some pharmaceutical forms under the Section 3(d) efficacy test, so claims drafted for other jurisdictions often need adaptation for India. The foreign-filing and information-disclosure requirements also impose obligations that applicants miss.
Beyond grant, India imposes a working requirement with a periodic statement on the commercial working of the patent, and the pre-grant and post-grant opposition routes give third parties real opportunities to challenge. We manage the national-phase entry and prosecution, adapt claims to the Indian patentability rules, handle the statutory disclosures and working statements, and defend or bring oppositions so the patent is granted and remains enforceable.
Managing PCT national-phase entry and Paris Convention filings within the deadlines, with claims adapted for India.
Adapting claims to the Section 3 exclusions, including software, business-method, and the Section 3(d) pharmaceutical-efficacy test.
Responding to examination reports and carrying the application through to grant.
Handling the foreign-filing information and the statutory disclosure obligations that Indian law imposes on applicants.
Filing the periodic statement on the commercial working of the patent as the Act requires.
Defending against pre-grant and post-grant opposition and advising on infringement enforcement.
Most commonly through the PCT national phase, entered within the prescribed deadline, or through a Paris Convention application claiming priority from a home filing. The claims should be reviewed and adapted to the Indian patentability rules on entry.
Section 3 excludes certain subject matter, including specified software per se and business methods, and the Section 3(d) test limits patents on new forms of known pharmaceutical substances without enhanced efficacy. Claims drafted for other jurisdictions often need adaptation for India.
India requires the patentee to file a periodic statement on the extent to which the patent is being commercially worked in India. This is a continuing obligation after grant, and non-compliance can have consequences, so it should be tracked.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
Share the key facts for a confidential preliminary assessment of your India matter.