Search, drafting, filing, prosecution, and enforcement services for Patent protection in India and internationally
The Patent practice at BananaIP Counsels has been operational for over 22 years. The team comprises Patent attorneys and agents with technical qualifications in engineering and sciences, enabling detailed understanding of inventions during drafting and prosecution.
The practice covers Patent search and analytics, specification drafting, filing procedures, prosecution before the Indian Patent Office, PCT international filings, freedom to operate assessments, licensing support, opposition proceedings, and litigation matters. This technical foundation facilitates meaningful engagement with inventors and R&D teams across the technology domains listed below.
Patent protection in India is governed by the Patents Act, 1970 and administered by the Indian Patent Office with branches in Delhi, Mumbai, Chennai, and Kolkata. The practice has handled matters across all four Patent office branches and maintains familiarity with procedural requirements and examination practices at each location.
Overview of the patent application lifecycle in India, from initial filing through grant. The complete process typically takes 3-5 years.
Establishes priority/filing date with preliminary disclosure. Complete specification must be filed within 12 months. Useful when invention is still under development.
Full specification with claims, description, abstract, and drawings. If filed directly (without provisional), the filing date is established at this stage.
Request to publish application before the standard 18-month period. Useful for establishing prior art early.
Application to be published in the Patent Journal. Third parties can access and file pre-grant opposition after this.
Available for startups, small entities, female applicants, government institutions, and PCT applications designating India as ISA/IPEA. Reduces timeline to 1-2 years.
RFE must be filed to initiate substantive examination. Deadline reduced from 48 to 31 months in March 2024. Without RFE, application is deemed withdrawn.
The Examiner reviews patentability and issues the First Examination Report with objections (if any) and prior art citations.
Response to objections, claim amendments, arguments, and Controller hearing if objections remain unresolved. Multiple rounds possible.
The patent is granted with a 20-year term from the filing date. Post-grant opposition can be filed within 12 months.
Opposition Proceedings: Pre-grant opposition can be filed by any person after publication. Post-grant opposition must be filed within 12 months of grant.
International Filing: File in other countries within 12 months of Indian filing to claim priority under Paris Convention.
Patent Term: Indian patents are valid for 20 years from filing date, subject to payment of annual renewal fees.
Working Statement: Patentees must file Form 27 every three financial years disclosing working of the patent in India.
Comprehensive patent services covering the complete lifecycle from initial assessment through prosecution, commercialisation, and enforcement.
Review and refinement of AI-generated Patent documents including specifications, claims, and prosecution responses to ensure legal compliance and enforceability.
Comprehensive prior art searches, patentability opinions, landscape studies, and competitive intelligence to inform Patent strategy and prosecution decisions.
Preparation of Patent specifications and claims by attorneys with relevant technical backgrounds, ensuring accurate description of inventions and appropriate claim scope.
End-to-end Patent filing and registration services from application through grant, including prosecution, portfolio management, and renewal administration.
Assessment of Patent infringement risks for products or processes entering specific markets, with analysis of relevant Patent claims and clearance opinions.
Support for Patent monetisation through licensing, technology transfer, joint development arrangements, and commercialisation strategies.
Management of Patent Cooperation Treaty applications including international phase filing, ISR responses, preliminary examination, and National Phase coordination.
Entry into national and regional Patent offices from PCT applications, including India, US, Europe, China, Japan, and other jurisdictions. Fee calculator with EPO/USPTO lookup.
Representation in pre-grant and post-grant opposition proceedings, revocation petitions, and challenges to Patent validity.
Support for Patent enforcement and defense matters including infringement analysis, dispute resolution, and litigation coordination with counsel.
The patent team has handled inventions across the following technology areas, with team members holding relevant technical qualifications in many of these domains.
Aspects of our patent practice that enable substantive engagement with client matters.
Patent attorneys and agents with engineering and science qualifications across multiple disciplines. Team members hold degrees in electronics, computer science, biotechnology, chemistry, pharmaceutical sciences, and mechanical engineering.
Practice experience across 30+ technology domains accumulated over 22 years of operation. Direct handling of inventions spanning from traditional mechanical systems to emerging areas like artificial intelligence and quantum computing.
Active prosecution practice before the Indian Patent Office including examination responses, hearing appearances, and pre-grant and post-grant opposition matters. Experience with Controller hearings across Patent Office branches.
Coordination of Patent filings in multiple jurisdictions through established correspondent relationships. Experience with USPTO, EPO, JPO, CNIPA, and Patent offices in other key jurisdictions.
Documented processes for Patent workflow management, deadline tracking, and quality review. Proprietary systems for prior art searching, portfolio monitoring, and matter administration.
Understanding of business and commercial context in which Patents operate. IP strategies developed considering competitive landscape, product development timelines, and enforcement practicalities.
Common questions about patent services and protection in India
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