patent prosecution

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  • Providing advice and strategies for effectively responding to examination reports;
  • Proposing amendments and preparing a response to examination reports;
  • Attending hearings in IPO with Patent Controllers and preparing and filing written submissions.
  • Monitoring the status of applications and deadlines and keeping the client updated from time to time.
  • Managing payment of annuity fee.

Where Does AKSH IP stands when it is a matter of Prosecuting your Patent Application:

Our prosecution practice is well-established and continues to grow in response to our clients demands. We cater to various clients from Individuals to Major Companies present in India and across the globe. Whether you seek to file and prosecute your patent in India or in international borders, our experience and technical background in all the fields of invention has got you covered. Being in service for nearly a decade, we have successfully prosecuted patents in continents and countries like Asia, Europe, Australia, Africa, and countries like Great Britain, New Zealand, South Korea and so on. Our registered Patent Attorneys are well equipped in smooth filing and prosecution of your invention.

Step by Step guide on prosecuting your patent application:

The first and the foremost step is showcasing the novelty of the application when the application is being filed in the Patent office. To be certain of the invention, we carry out a patentability check to locate if the invention has been invented by someone else. Novelty is an important factor while prosecuting a grant as the whole invention depends upon the newness present. Patent filing is further divided into two, namely complete filing and provisional filing. Complete filing discloses the working of the invention to its full where as provisional filling is done when the invention is partial in stage to claim the user date.

After the filing of the application, the applicant can further file for publication of the patent application in the journal of Patent. The Applicant can also file a request for examination of the patent application so as to receive the examination report from the Controller of the Patents. Form 18 is filed when an Applicant seeks to put in a request for early publication. Once the application is examined, an examination report is issued containing the objections raised by the Controller questioning the novelty of the application, the claims mention thereof or the working of the invention. If the reply is not filed in the stipulated time, the application is considered abandoned under the provisions of Section 21 of the Act. Once a reply is drafted and filed, if the Controller is satisfied, he may grant registration on the patent. In cases where the Controller is not satisfied, he further sets a date for hearing of the application. Once the patent is registered, the applicant has to pay an annual fee for the maintenance of the patent. A registered patent is valid for a period on 20 years since the day of the application being filed.

Post Grant Proceedings:

Our firm is well equipped to tackle any post-grant opposition filed once the patents is registered. Opposition can only be filed till a year after the patent receives grant by the Controller. Along with tackling the opposition (if any), the applicant can also make amendments to the application, subject to which should not go beyond the original nature of the invention. Our firm further assists in drafting of contracts to license your invention to other for commercial purpose, keeping a watch of new inventions that is not similar to our clients and protecting them for any infringement that takes place. It is important to exercise your rights reserved with the patent. As invention is turned into a vital asset once a grant is received.

Our Role:

Securing a patent requires technical knowledge in all fields. Being a long and lengthy process, prosecuting a patent could take months. Hence it is vital to seek experience patent attorneys to smooth the process and avoid mistakes that will come as obstacles while pursuing a patent application. We understand the vital importance of Invention and to seek rights over it. With over 1500 patents applications filed and 93% success rate, we shall assist and guide you in every step of prosecuting your patent application. All attorneys of AKSH IP Associates are registered to practice before the Controller General of Patents, and possess extensive prosecution experience. As detailed in our firm’s profile, our patent attorneys and agents have a wealth of technical education and industry experience to apply to their patent prosecution efforts.