Choosing A Patent Attorney In India: Crucial Steps

Biswajit Sarkar
3 min readSep 2, 2022

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Here are the straightforward steps one needs to take to choose the best patent attorney in India. India’s government should grant the patent as a statutory right for every procedure or item that satisfies the patent requirements. In addition to having terms and conditions, the patent period is around 20 years from the date of application. The claims largely determine the extent and nature of the patentee’s rights. You must select the best patent attorney in India if you are an investment. Since most patent rights are national in scope, an Indian patent can only be recognized in India. Within a year of the application’s priority date submitted in India, you must apply in the required countries to have patent rights in any foreign country.

Obtaining A Patent

Once a fresh idea is formed, the first step is to document the concept thoroughly. In addition, you should think about any potential issues the idea may have. Don’t forget to take care of it quickly. Finally, you need to know if any prior paperwork or invention is similar. If you believe your idea is novel, you should develop and file a patent specification as soon as possible in our country. You can use it to claim the earliest priority date available. You should also be aware that only Indian patent agents registered in India may file a patent application.

Why Is It Important To Pick A Reputable Patent Attorney?

The patent document is one of the most difficult, so choosing the correct patent attorney is crucial. To effectively design a patent application and capture the entire spirit of the innovation, one must have a high degree of technical and legal understanding. Additionally, following filing, further prosecution must be done with the aid of a knowledgeable patent firm or agent. The parent firm and agent also maintain the patent application and reply to the examiner’s concerns, among other procedures.

Why Should You Pick A Reputable Patent Attorney?

Because the patent document is one of the trickiest documents, choosing the best patent attorney is crucial. Accurately designing a patent application that captures the entire idea of the innovation requires a high level of technical and legal knowledge. After filing, a competent patent company or agent must be used for further prosecution. The parent firm and agent also keep the patent application current and respond to the examiner’s concerns.

Choosing A Patent Attorney: A Guide

  • Recognize the history of the attorney:

Indian registered patent attorneys lack any technical training. They only need to possess a legal degree certificate. You should, therefore, constantly conduct a background investigation. Before picking a patent attorney, you should look into the patent applications they have created or the patents they have received for the claims they filed. For instance, you should choose a lawyer with technical expertise if you want a software patent.

  • Select a licensed attorney.

All patent attorneys in India are registered with the Bar Council of India, whereas patent agents must pass an examination to receive an agent registration number. Therefore, it would be beneficial if you conducted a background investigation and verified the registration of your patent attorneys. Ask for further information regarding the costs.

  • Think about developing a rapport

To effectively assist you in achieving your protection goals, you must have an excellent working relationship with your patent attorney. Additionally, having a good working connection with the lawyer will demonstrate your confidence in them regarding your invention and how it functions, which will support the development of a strong patent application. Consider visiting your patent attorney to learn more about their history and experience before describing the invention’s specifics. An authorization letter from the applicant should always be given to the attorney before applying.

When the Office has addressed all concerns, one submits the grant application. They have to make sure their patent complies with all standards. Any interested party may submit a post-grant opposition within 12 months of the patent journal publishing the grant of a patent. Biswajit Sarkar is the one-stop shop for the same, delivering the greatest services if you’re looking for the best Patent Attorney in India.

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Biswajit Sarkar
Biswajit Sarkar

Written by Biswajit Sarkar

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The firm Biswajit Sarkar was established in 1990 in Kolkata, India as an Intellectual Property Law Firm. Visit: https://www.biswajitsarkar.com/

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