Patent Consultant

In today’s rapidly evolving world, innovation is the key to staying competitive. As businesses and individuals alike strive to create groundbreaking solutions and innovations, protecting these innovations becomes crucial & paramount. A patent consultant in India plays a pivotal role in helping inventors secure their intellectual property rights by guiding them through the complex process of patent registration. We at Lexlevel Services have expert knowledge of the Indian legal framework, global patent laws, and industry-specific requirements, as your patent consultant we ensure that your inventions are not only protected but also strategically positioned for commercial success and use.

What is a patent and why it matters

According to the Patents Act 1970, Section 2 (m) a patent means a patent granted for any invention. A patent is an exclusive legal right granted to an inventor or assignee for a novel invention providing them with the authority to prevent others from making, using, selling, or importing the invention without permission. As your patent consultant in India, we help you obtain the statutory right for an invention that is granted for a limited period of time to the patentee by govt, in exchange for full disclosure of his invention. Patent Amendment Act 2005 extended patent protection in sectors of technology like food, drugs, chemicals, and microorganisms as well as for their processes for a term of 20 years.

Why Do You Need a Patent Consultant?

Patent consultants in India play a multifaceted role that encompasses legal expertise and strategic advisory as securing a patent can be a complex, time-consuming, and highly technical process that requires deep understanding and experience. This is where the expertise of a patent consultant like Lexlevel Services becomes invaluable. Here are key reasons why you need a patent consultant:

• Expert knowledge of patent law
• Comprehensive patent search
• Accurate and strategic drafting
• Technical expertise
• Expert in handling the application process
• Infringement Protection advisory ad guidance
• Maximize your commercial value
• Cost-effective and less time-consuming process

We at Lexlevel Services as your patent consultants in India provide you with the highest quality services as per your needs & requirements, including patent searches, patent drafting, patent filing in India, prosecution of patent applications, and enforcement and management of client patent portfolios. We assist in developing, protecting, and enforcing your patent filing rights in a wide range of domains.

Types of Patent Services in India

We at Lexlevel Services as your Patent consultant or Patent lawyer provide you with a wide range of offerings. We help inventors and businesses secure, protect, and manage their intellectual property through: a) Patent Search and Analysis

• Prior Art Search: A detailed search is conducted of existing patents and publications to determine if the invention is new and does not contradict existing patents. This helps identify whether the invention is eligible for a patent.
• Freedom to Operate (FTO) Search: Determines if a product or process can be commercialized without affecting or infringing on any existing patents.
• Patentability Opinion: We provide you with expert legal advice on whether an invention is likely to qualify for a patent based on the search results or not to save you time and cost.

b) Patent Drafting and Filing

• Provisional Patent Application: To secure the patent date, a temporary application is filed. As it requires less detail and can be followed by a full patent application within 12 months, it is not important for the invention to be completely ready at that moment.
• Complete Patent Application: A detailed application that fully discloses the invention and its working, filed after the provisional application or directly. There is time to file the complete specification post-provisional specification.
• Patent Cooperation Treaty (PCT) Application: A type of international patent application that allows inventors to seek protection in multiple countries simultaneously through a unified process.

c) Patent Prosecution

• Responding to Examination Reports: We assist in addressing any objections or questions raised by the Indian Patent Office during the examination of the patent application.
• Patent Opposition: We defend you in any opposition claims during pre-grant or post-grant opposition proceedings.
• Patent Revocation Proceedings: We appear in courts on your behalf to initiate or defend revocation proceedings if the validity of the granted patent is challenged.

d) Patent Maintenance and Renewal

• Patent Renewal or Monitoring: Patents require annual renewal after they are granted. We include reminders and assistance in paying these fees to keep your patent active. We also keep track of upcoming renewal deadlines or monitor potential infringement activities to maintain the value of your patent.

e) Patent Licensing and Commercialization

• Patent Licensing: We assist in the negotiation and drafting of licensing agreements to help you commercialize, allowing third parties to use the patented invention in exchange for royalties or fees.
• Technology Transfer: Facilitating the sale or assignment of patented technology to another person or entity for commercialization purposes.
• Patent Valuation: We can assess the monetary value of a patent based on its potential market impact, legal strength, and technological significance,

f) Patent Portfolio Management Portfolio Assessment and Strategic Advisory: We review and manage your portfolio of patents to identify gaps, strengths, and opportunities for commercialization or enforcement as your patent lawyer or patent consultant in India. We help in building and maintaining a strong patent portfolio, including patenting future innovations and cross-licensing opportunities.

Patent Filing Process in India

• Idea/Concept: Begin with a novel and inventive idea that is capable of industrial application and is novel for patentability.
• Conduct a Patent Search: A prior art search is conducted to ensure the invention is new and not already patented to avoid infringement.
• File a Provisional Application (Optional): If the invention is in the early stages, we advise to file a provisional application to secure an early filing date for your innovation. You have 12 months to file a complete application post that.
• File a Complete Application: Submit the detailed complete specification as the final application describing the invention, including claims, drawings, and background along with all documentation.
• Publication of Application: The patent application filed by you is published in the official patent journal after 18 months from the filing date unless early publication is requested for any opposition or claims.
• Request for Examination: You can submit a request for examination (RFE) within 48 months from the date the filing is secure. To determine patentability, the Indian Patent Office examines the application. The same can be extended by 6 months by filing form 4 with prescribed fees.
• Respond to Examination Report: The office may issue an examination report (FER) with objections. You need to respond to these objections within 6 months to address legal and technical issues.
• Grant of Patent: If all objections are resolved, the patent is granted and published in the patent journal. An annual renewal fee is to be paid to keep the patent in force for up to 20 years from the filing date.

Complexities of the patenting process

The patenting process can be challenging & intricate for individuals and businesses alike due to several technical, legal, and procedural complexities. Here are some of the key challenges:

• Legal requirements of patent law is very complex and one needs to fulfill patentability requirements.
• They get amended from time to time.

Patent Drafting is a very complex process. The application needs precise technical descriptions along with strong legal claims.

• Need the assistance of a Patent lawyer or patent consultant in India to respond to Examinations & objections.
• Patent examiners delay examination time to review applications.
• Without a Patent consultant in India the process is very time and cost-consuming.
• Difficulties in formulating the right strategies for monetization and commercial use.

Avoiding common mistakes and ensuring a smooth process

To qualify for a patent, an invention must be:

• Novel – The invention must be new and not previously published or known.
• Non-obvious – It must involve an inventive step that is not obvious to someone skilled in the relevant field.
• Industrial Applicability – The invention must be capable of being used in some kind of industry or field of work.

Lexlevel Services as your Patent lawyer helps you to avoid mistakes and assists you with a speedy process.

1. Insufficient prior art search as it refers to any publicly available information that may be relevant for an invention before the filing process.
2. Inadequate patent specification providing vague or overboard description which leads to patents easily circumvented or invalidated.
3. Patentability criteria which include novelty, non-obviousness, and industrial applicability must be satisfied otherwise lead to rejection.
4. Failure to proper documentation can weaken patent application as maintaining recording from the conception of an idea to development is important.
5. Public disclosure before filing for a patent can jeopardize the chances of obtaining a patent.
6. Failure to official communications by the patent examiner in a specified time can lead to abandonment to the application.

Benefits of Hiring Our Patent Consultancy

The benefits of hiring our patent consultancy services offer advantages for business consultancy and startups seeking to protect their intellectual property rights. Lexlevel as your Patent Consultant in India ensures all the legal compliances regarding patent filing are met which reduces the chances of rejection by the Patent officer. It ensures a streamlined process as Lexlevel ensures timely submissions of all paperwork from patent registration to patent granting. We Lexlevel Services, as your Patent lawyer in India, also provide with existing competitors analysis of IP strategy and gaps which we can exploit and use to our advantage for commercialization purposes. We at Lexlevel Services provide help with multiple patents and align your business goals with portfolio management.

Why Choose Lexlevel Services Patent Consultancy Services

Lexlevel Services provides the best patent consultancy services in India as it gives specialized knowledge with the help of patent consultants experts in intellectual property laws, helping navigate complex patent processes from initial filing to approval. By choosing Lexlevel Services as your patent consultant in India, we would conduct thorough research to ensure the creative idea of the patentee satisfies patentability and make sure that the idea is novel, non-obvious, and industrial applicable to avoid infringement issues in the market. We help you with an accelerated filing process, seamless patent prosecution and defense, cost efficiency, and maximize your chances of getting a patent!

Conclusion

By choosing Lexlevel Services as your Patent consultants in India, we play a multifaceted role as our contributions are vital in navigating the complexities of the Indian patent system.  At Lexlevel Services we provide the expertise where the patenting process is fraught with legal, technical, and procedural complexities, which is indispensable in ensuring businesses can effectively leverage intellectual property rights while contributing to broader societal goals. We handhold you every step of the way from legal compliance, planning, and execution which ultimately saves time and money while ensuring stronger protection by professional guidance for intellectual property. Overcoming these challenges requires expert guidance, significant financial investment, and strategic planning. Engaging a patent consultant like us can simplify this process, help avoid pitfalls, and ensure that intellectual property is effectively protected and leveraged.