Practice Area — Patents Act, 1970
Patent Lawyers in India
Securing proprietary inventions through precise technical drafting and rigorous statutory prosecution. From prior art patentability searches to High Court patent litigation, LLM Advocates protects mechanical, software, pharmaceutical, and electronic breakthroughs across India.
Patent Drafting & Filing
Securing priority dates through provisional specifications and drafting comprehensive complete claims across engineering, deep-tech, and life sciences sectors.
- → Prior-art searches & patentability clearance
- → Provisional application filing for priority dates
- → Complete specification drafting with independent claims
- → Software & AI inventions under Section 3(k) guidelines
Search & Prosecution
Overcoming technical objections raised by the Indian Patent Office. We draft robust replies to First Examination Reports (FERs) and appear at Controller hearings.
- → Responses to First Examination Reports (FER)
- → Claim amendment strategy under Section 59
- → Representation at Patent Controller show-cause hearings
- → Expedited examination under Startup India provisions
Litigation & Enforcement
Defending patented technologies and prosecuting infringement claims in commercial courts and High Courts, including the Delhi High Court IPD and Punjab & Haryana High Court.
- → Patent infringement suits & temporary injunctions
- → Pre-grant and post-grant opposition proceedings
- → Patent revocation & counterclaim for invalidity
- → Standard Essential Patents (SEP) & FRAND disputes
International & PCT Strategy
Navigating the Patent Cooperation Treaty (PCT) to preserve global patenting windows for 30/31 months, and executing national phase entries into India for foreign applicants.
- → WIPO PCT international application filings
- → Indian national phase entry management
- → Cross-border technology licensing deeds
- → Foreign filing licenses under Section 39
Frequently Asked Questions on Indian Patent Law
Under Section 3(k) of the Patents Act, 1970, "a mathematical or business method or a computer programme per se or algorithms" are excluded from patentability. However, under the Indian Patent Office Guidelines for Examination of Computer-Related Inventions (CRIs), claims that produce a technical effect, solve a technical problem, or demonstrate functional interaction with hardware can be successfully patented. Our patent team drafts software claims demonstrating these technical contributions.
A provisional specification allows an inventor to secure an immediate priority date when an invention is still under refinement, requiring minimal formal claims. The applicant has 12 months under Section 9 of the Patents Act to submit the complete specification with full technical disclosures, drawing sheets, and definitive claims. If the complete specification is not filed within 12 months, the application is deemed abandoned.
Under Section 53 of the Patents Act, 1970, every patent granted in India has a term of 20 years from the date of filing of the application (or the international filing date for PCT national phase entries), subject to the payment of statutory annual renewal fees.
The Patent Office issues a First Examination Report detailing objections regarding novelty, inventive step, industrial applicability, or statutory exclusions under Section 3. The applicant has six months from the date of the FER (extendable by three months upon filing Form 4) to submit a comprehensive technical response and amended claims complying with all examiner requirements.
Protecting Technical Innovation
Discuss Your Invention With a Patent Lawyer
Schedule a confidential prior art assessment or discuss filing strategy under Indian and international patent law.
Book Consultation