Patent application drafting, examination response, pre grant and post grant opposition, compulsory licensing advisory and infringement analysis for Indian and PCT national phase applications.
Short, direct, on the record.
Section 3 of the Patents Act, 1970 excludes inventions contrary to morality, atomic energy inventions, traditional knowledge, computer programs per se, business methods, mathematical methods, methods of agriculture or horticulture, plants and animals (other than microorganisms), and mere discovery of a new form of a known substance without enhanced efficacy (Section 3(d)).
From filing to grant, the typical timeline is 3 to 5 years. With expedited examination available for startups and small entities, the timeline can be reduced to 12 to 24 months. PCT national phase entries must be made within 31 months from the priority date.
The term of a patent in India is 20 years from the date of filing of the application, regardless of whether it is a convention or PCT national phase application. Maintenance fees (annual renewal fees) must be paid to keep the patent in force.
Computer programs per se are excluded under Section 3(k). However, software inventions that demonstrate a technical effect or solve a technical problem using novel hardware software integration may be patentable. The Delhi High Court in Ferid Allani (2020) held that the exclusion applies only to computer programs per se and not to all inventions involving software.
Share the invention domain, filing jurisdictions and prosecution stage for a confidential preliminary assessment.