The Role of Patent Attorney in India

For registering a Patent in India it is necessary to take the initiative very professionally to prepare and submit all the relevant documents before the Patent Office, Government of India. To ensure the patentability of a specific invention would be protected by the patent laws in India, is necessary to check the three important parameters namely, the invention should be new and novel and the ability to be commercially viable. It is also very important to follow the patent search procedure to find the pre-existence of any conflicting invention known as prior art at large.

The first step in registration of a patent is to search whether the invention is new and novel and has not been disclosed to the public in India or any other country in any tangible form as prior publication of an invention would destroy the invention’s novelty and disqualify it for the grant of patent. In India, an invention is a new product or a new process that involves technological advancement, which makes that new product or process non-obvious to a person who is skilled in the technology to which the product or process belongs. Moreover, the new product or process should be capable of being used in an industry, i.e., it should have the ability to be used profitably in the commercial market, for it to qualify as an invention.

It is wise to conduct a prior art search through a patent attorney in India who is well versed with the various methods of conducting the patent search nationally as well as internationally, if necessary. In the age of the internet, many people attempt to conduct an online search in respect of the prior art for the patent registration in India, which is not advisable for securing the patent registration in India.

For registering a patent in India, it is necessary, under the patent laws, to file various forms and a patent specification, either provisional or complete. Needless to mention that the patent specification is an extremely important document wherein the protection lies in the legal form. Therefore, to prepare and complete a patent specification, it is strongly recommended to take professional assistance of a Patent Attorney. A Patent Attorney in India can draft a patent specification according to the statutory requirements as prescribed by the Patent Act, 1970 and Patent Rules, 2003. Hiring an attorney adds value to the patent application when it comes to writing claims to secure the broadest protection for the invention.

The legal protection of a patent is confined within the claims of a complete specification whereby; the protection is created. Thus, writing the patent claims, to protect the invention, is challenging and a mammoth task for ensuring the protection of the patent against any kind of infringement or commercial threats by third parties.
In the recent trend of modern business and global competition, the trend to violate intellectual property is common, especially in the field of patents, wherein, the technical complexities are pre dominant. Therefore, it is of utmost importance to draft the patent specification by a Patent Attorney. Communicating with a Patent Attorney in India would be useful to gather all relevant details whenever a registration of a patent in India is required.