How do you find a good patent filing service company?

 1. Why should one apply for Patents?

It is essential for individuals as well as businesses to file patent applications in order to obtain exclusive ownership of their inventions/ideas. They can forbid rivals from importing, selling, or copying their intellectual property without the prior consent of the patent holders. In India, a patent can be bought, sold, and licenced just like any other form of property. The holder of a patent may transfer it to any person in accordance with Indian Patent Law, which treats patents just like other types of intellectual property. A brand's reputation significantly improves with a patent, potentially allowing the individual or business to put a premium on themselves.

2. Getting a Patent for an Invention

2.1. Patent Filing in India

Ownership rights over one's invention can be safeguarded by applying for a patent. Indian patent law firms and patent agents can help inventors to navigate through this difficult process. The procedure of registering a patent is complicated and may generate legal problems. In order to safeguard one's interests and simplify the patent application process, it is best to locate a patent firm in India that offers patent services. One may decide to choose between patent law firms and patent agents as per their needs and requirement. 

2.2. Patent Attorney v. Patent Agent

The terms "patent attorney" and "patent agent," are sometimes used interchangeably, however, they are not the same. A legal professional who can offer advice on the legal ramifications and restrictions of the procedures is a patent attorney. By simplifying the legal ramifications of the different accessible alternatives, they can assist the patent application .

A patent agent, on the other hand, is qualified to manage the procedural requirements and other significant responsibilities. The patent agent can advise the client of the invention's level of patentability and prepare drafts on the applicant's behalf. The patent agent can represent their client during the hearing before the Controller of Patents, but they lack the professional knowledge and expertise to provide legal advice.

Patent agents typically hold technical degrees like a BSc or BTech, etc. One needs to pass the required exam and register in order to become a licenced Patent Agent. The applicant must confirm that their chosen Patent Agent is included in the official list of Registered Patent Agents on the Indian Patent Office's website  before appointing them (https://ipindia.gov.in/patents.htm). 

Owing to the years of legal and technical experience, patent attorneys can secure the rights of their clients and help them get through the patenting procedure without any hiccups. The most renowned patent law firms have a staff of patent attorneys who can help prevent others from making, using, or copying an invention without the client's consent. Firms help their clients to fulfil the necessary requirement of patent registration, i.e., novelty, non-obviousness, and industrial applicability of an invention. Once a patent is granted, the holder gets exclusive rights over the invention for 20 years.

2.3. Services Provided by Patent Law Firms

While obtaining a patent can be a tiresome procedure, if one chooses a patent filing service that specialises in patent-related services, safeguarding the rights becomes easier. One just needs to make sure that they chose the law firm or company that provides proper facilities before availing their services. These include the filing of applications seeking protection of any kind of industrial-property rights, both globally and within India. Law firms indulge in the drafting of third-party submissions, expert opinions, oppositions, nullity claims, cancellation suits, etc. Furthermore, monitoring deadlines, making payments, dealing with violations of industrial property rights, and defending those rights are also a few functions performed by them. 

The firms also assess potential collision risks and any third-party industrial property rights. They research and examine the existing artwork for the applicant's convenience. Once a client hires the services of a patent law firm, the function of coordinating the official registration of transfers of IP rights is also performed by them. Law firms have several skilled legal and technical experts who can provide to the clients, efficient advice on legal issues, particularly relating to licensing of agreements.

2.4. Choosing Patent Filing Service

There are numerous options available for individuals as well as businesses to chose from. Many patent attorneys, IP law firms, and patent filing agencies are established throughout the country that provide services on national and international levels. Now the question is, how do non-legal individuals choose from among these options?

The answer to this question is simple. They need to look for certain characteristics in the respective organizations by conducting a background check and looking at some of their past matters. The following attributes need to be looked for in a patent filing service:

• Patent attorneys with a solid cognitive comprehension of fresh innovations and their technical aspects are employed by Indian patent firms. The patent firm must make sure that their agents and attorneys possess strong writing abilities for patent applications, which demand technical and legal knowledge.

• They must also be able to simplify the same information for their clients.

• One of the most important traits for a patent agent is that they should be precise and capable of rebuttal with ease.

• The patent filing service should properly assist the inventor through the application procedure for the patent.

2.5. Top Law Firms/Patent Filing Companies providing Patent Filing Services 

• Khurana & Khurana- Advocates and IP Attorneys

• Anand & Anand Advocates

• Remfry & Sagar

• K&S Partners

• Saikrishna & Associates

• Lakshmikumaran & Shridharan

• Krishna & Saurastri Associates

• Chadha & Chadha

• Altacit Global

• Obhan & Associates

• Invn Tree

• LexOrbis

• DexPatent

• Synoptic IP

• Einfolge Technologies

3. Patent e-filing in India

The Indian Patent Office offered the option of e-filing patent applications in India in the year 2007. The goal was to streamline and simplify the patent application process. When the patent filing process was limited to manual filing, it was essential to deliver all physical copies of each necessary document to the appropriate authority overseeing the procedure. This was a time-consuming, tedious, and confusing process. Since the introduction of the e-filing option, the procedure has become quicker and more user-friendly. With the implementation of the Patent (Amendment) Rules 2016, e-filing is now compulsory for the submission of patent applications. As of May 16, 2016, the Indian Patent Office has added a 10% statutory fee when a patent application is submitted manually. 

3.1. Procedure for e-filing of Patents

The procedure for e-filing of patents is based on the Patents Rules, 2003 [Schedule 1]. One can access the platform by visiting the following URL where new users need to register by signing themselves up and generating a user ID and Password.

https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin

The Comprehensive Online Patent Filing Services Office of the Controller General of Patents, Designs and Trademarks, have offered the users a dual login facility. The facility enables the users to login using the generated User ID and Password as well as using digital signature. Once a user logs in to the portal, they shall find a comprehensive series of steps to download the client software for creating and signing the application for Name Search of Patent .

After the submission of a digitally signed patent application, the user is required to make the payment, the amount of which is automatically calculated and displayed. On making the payment, the user receives an acknowledgement of the same. The user may check their Application Status by visiting the same link.