Cost for Filing International Patents

The cost of applying international patents will depend on many parameters. The first important consideration is whether the patent applicant is an individual or filing international patent as business entity. The cost and fee structure of PCT before WIPO is almost four times the individual fees for the business entity.

Another very important factor is selection of international searching authority (ISA) by the patent applicant. If you have already filed and applied for patent for your invention in home country you can file a complete patent application with patent claims as international patent before WIPO, Geneva. Filing a PCT patent application will cost approximately $1500-USD 2500 depending upon the patent applicant status and selection of international searching authority (ISA). The PCT international patent provides the inventor with the legal right to enter international patent application in other countries under national phase for example in India: National Phase Patent Filling in India. So filing international patent in individual capacity can save cost for the international patent application.

Patent Research Attorney for Protecting Business Methods

Business method patent attorney will assist you understand how to protect business method by combining it with software application. A business method patent attorney is a technology lawyer & patent attorney manages the intellectual property practice at the law firm by focusing on strategic patent prosecution, drafting enforceable patent claims, writing local and international patent applications, patent counselling, patent portfolio management, and patent litigation, in the field of computer engineering, communications, and software technologies.

The patent projects begin by conducting patent prior art search, analysing patent eligibility by performing patentability analysis, drafting of the patent application, filing of parent patent application, filing PCT applications under International Phase and National Phase, responding to objections raised by patent offices, conducting patent hearings and drafting legal agreements and contracts in the business industry.

Computer Hardware and Software Inventions: Computer related Inventions (CRIs) Protection by filing Patents

Computer Hardware and Software Inventions can be patented subject to certain conditions. Among all intellectual property (IP) services in India, patent filing in India is most sought after specially in the case of technologies and innovations pertaining to computer hardware, software and other computer related inventions (CRIs). As per Indian Patent Office, patents are filed in India for innovations involving multiple aspects, such as, computers, computer systems, computer networks, computer related inventions (CRIs), computer hardware and software inventions, data processing systems, data processing methods, information technology, database creation, database processing, database management, software, functions, computer programs, firmware, embedded systems, technical effects and technical advancements.

After performing patent search and analyzing patent search results related to computer hardware and software inventions, it can be seen that most patents filed with patent claims defining computer hardware and software inventions can be categorized into method claims or process claims, apparatus or system claims, computer readable medium claims, or patent claims that are drafted to define a computer program product.

Indian Patent Office Procedure: Patent Examination Request in India

After filing a patent in India for computer related inventions (CRIs), computer hardware, and computer software, the provisions of Indian Patents Act requires the patent applicant to file a request for patent examination, following which the patent will be examined by the Indian Patent Office. The request for patent examination in India can be filed via Form 18 under e-filing mode or physical filing mode. The official fee to file Form 18 for patent examination request under patent e-filing mode is INR 4000, INR 10,000 and INR 20,000 for a natural person (individual patent applicant), a small entity and a legal entity respectively. For physical filing mode, official fee to file examination request vide Form 18 with the Indian patent office, the official fee is INR 4400, INR 11,000 and INR 22,000 respectively.

Patent Examination Procedure in India

After filing of patent examination request for patent applications relating to computer hardware, computer software and computer related inventions (CRIs), computer hardware and software inventions, the patent office examines the patent claims for patent eligibility or patentability, including novelty, inventive step (non-obviousness), and industrial application.

Non-Patentable Subject Matter in India

Section 3 of Indian Patents Act

In addition, the patent examiner also examines the patent claims under the subject matter of non-patentable inventions, specifically section 3(k) of the Indian Patents Act, wherein business methods and software per se are not patentable under the Indian patent laws. This implies that source code of software cannot be patented in India, and the patent laws only allow innovations satisfying the criteria of patentability to be registered as patents in India.

Software Patents in India – Best Practices

Software patent attorneys in India having expertise in patent searching, patent drafting and patent filing generally follow best practices for handling computer related patent matters, and computer hardware and software inventions in India. Patent lawyers and patent law firms in India handle all stages of patent process efficiently, including patent filing and registration, PCT National Phase Application Filing, and Patent Prosecution before the Indian patent office.

5 steps to obtain Patent in India for computer hardware and software inventions

The following 5 steps can be followed in India to obtain and register patents in five steps:

  • Conduct a patent prior art search to see if the invention has potential to withstand the test of patent eligibility.
  • Draft a strong patent application with comprehensive and enforceable patent claims
  • File patent application in India, PCT international phase patent application with WIPO and PCT National Phase Application in multiple countries.
  • Track patent examination process and understand objections raised by the patent examiner while issuing patent examination report, or first examination report (FER).
  • Respond to objections properly and ensure timely compliance to proceed the patent towards registration stage and obtain patent registration certificate from the Indian patent office.

 

International Corporate Lawyers and Patent Attorneys 
 
 
 
Strong expertise in resolving business and personal disputes via mediation, negotiation and out of court settlements
Managing full practice law firm in Delhi and Gurgaon with team of legal experts – Civil and Criminal, Cyber Law Issues, Digital Business Disputes, Social Media Defamation, Personal, Property and Matrimonial Problems, Contracts and Agreements
 
Technology Savvy Advocates, Patent Attorneys & Corporate Lawyers with 12+ years of experience in Asia Pacific, US & Europe 
 
Experts in Litigation, Patent Protection, Licensing & Enforcement, Cross-border Mergers & Acquisitions, Joint Ventures, Foreign Direct Investment & Tech Transactions in South East Asia covering consulting for global patent Attorneys in executing:
 
Patent drafting & filing for B2C & B2B digital products
 
Protection of Mobile App’s Intellectual Property via Patents, Copyrights, Website Terms & Vendor Contracts
 
Wearable device’s patent portfolio protecting hardware, dashboard, app & data analytics software
 
Medical device patentability analysis, prior art search, provisional & complete patent drafting, patent claims & patent drawings, patent filing in India, PCT, USPTO & EPO, responding to USPTO, UKIPO, MyIPO (Malaysia) & SIPO (Singapore) office actions
 
Patent Landscape & Patentability Studies for innovations in Artificial Intelligence (AI & Chat bots), Internet of Things (IoT), Wearables, Driverless Cars, Virtual & Augmented Reality, 3D Printing, Drones, Mobile Payments (Digital Wallet) & FinTech 
 
Assisting Clients with Complex Patent Issues: Patent Searches, Patent Drafting, Patent Filing, Patent Office Examinations, Patent Prosecution, Patent Due Diligence & Patent Litigation Strategy
 
Patent Strategy for International Patents, USPTO Filings, Drafting Office Action Response, Patent Reexaminations & Reissue Proceedings, Appeals to PTAB, Patent Office Trials, Inter Partes Review, Post-grant Review, Covered Business Method Patents, Interferences, Derivations & Appeals of PTAB Trial Decisions
 
European Patent Practice, Patent Oppositions, Appeals, EPO Third Party Observations, Central Limitation and Revocation, Supplementary Protection Certificates (SPC) & United Kingdom (UK) Patent Practice Advisory
 
Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement

 

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