FAQ

There is no requirement by any patent office as such. Inventors can very well file their own patents.

But if you are someone who is serious about the commercializing your invention and earning money

from it, you want your patent to hold its ground in patent prosecution process and get a grant for the

patent and also stand for all it is worth in patent litigations if you come across any in 20 years term of

the patent (from the filing date, not the issue date). The patent lifecycle is long and requires

considerable expertise both in law as well as technology. So, better idea is to invest some time and

money in filing a good patent draft.

The best bet would be filing with IP consultancy that has experience and effectiveness with getting a

grant for the patent. Yes, grant of the patent depends on the merit of the technology but also it’s

important to be invested in how to make it both grantable and enforceable.

There is a provision for that with the patents act. You can file a provisional patent application

which includes all the elements of your idea and which also describes how your invention works.

With provisional application in place, you have blocked a date, which on filing a complete/ non-

provisional application within 1 year of your provisional filing date, becomes your effective

filing date. Which means though you have not claimed the invention in its functional form yet,

you prevent anyone else get a patent for the same idea of yours in India, US, EP and other

conventional countries. In this one year you can work on your invention and decide on the

markets you are interested in and take a call on filing in country/countries of interest or with PCT

route in case of multiple countries.

No, it just means that we have an agreement in place that your invention will not be disclosed or

used by us. Once it is signed by the parties involved, you can discuss the invention and ask for a

primary legal opinion which we are happy to provide free of cost.

That depend on the question of how market-ready you are with your invention. If you have the

final product/process ready and are clear about the market/markets you are interested in as well,

we may advice you on filing a complete application.

In India and EP, they have absolute novelty as a condition barring certain rare scenarios; it

means you are no more eligible to get a patent in these countries.

In US you get a time of 1 year from you made your disclosure to file for a patent if you are the

inventor. After the expiry of 1 year of statutory bar, you cannot get a patent in US as well.

This condition is not applicable in case of necessary experimental use/ in case of employees

when NDA is in place.

A patent that is written well, that satisfies all the legal requirements of patentability, and that

covers commercially viable implementations of products is defensible, enforceable, and thus

valuable.

A patent is an asset that has value not just on its own, but usually more so in combination with

other patents. It may have value for third parties in their litigations with other third parties. A

smaller company can enter into a joint agreement with a larger company to profit from a patent

or to enforce it. You can also sell your patent or assign to a bigger company that has a need for

the patent to defend itself against its competitor. Patents are assets like any other property. They

can be bought, sold, licensed or mortgaged.

Also there are Invention development, patent licensing, and patent auctioning companies that

will help to enforce or monetize your patent in return for their share.

Patent is an exclusive right given to the patentee to exclude others from making or using that

invention without the patentee’s permission in a jurisdiction for a limited time (usually 20 years).

For getting a patent granted, it needs to be proved that the invention is useful, novel and non-

obvious. Prior art is any written document which may point otherwise on account of containing

relevant information which is filed/ published before the date of invention in question. In that

case you might receive an office action, questioning your patent application on any or multiple of

above mentioned grounds in light of a prior art. It is imperative to convince the patent office on

these grounds or successfully amend your claims before you receive a grant for the patent.

No. That’s why we recommend getting a provisional patent filed before you enter into any

commercial activity.

Business models as such are not patentable in India.

It almost always fetches higher valuation of the patent

 Quicker to get a patent grant

 Prestigious for the inventor & institute/company

 Better chance of patentability

 Robust enforcement system

 Easier to license

 If patenting in the US, then the cost of patenting in India also is marginal

Besides being a lucrative destination for business, it also offers commercializing and monetizing

opportunities for your patented invention. A smaller company can enter into a joint agreement

with a larger company to profit from a patent or to enforce it. Patent can be sold or assigned to a

bigger company that has a need for the patent to reach a broader market or defend itself against a

competitor. Also there are Invention development, patent licensing, and patent auctioning

companies in US that will help to enforce or monetize your patent in return for equity.

We at Metayage, offer US filing services which are at par with US law firms but at the fraction

of the cost. We have a team of patent experts who are trained with US attorneys and tie ups with

US law firms as well as in other important countries, which makes us convenient to work with in

India and the quality is assured with our track record of getting US grants.

1) Awareness of the state of the art

2) Analysis of competitors patents, products and initiatives in various markets

3) Identification of strategic patentable features to be covered in the patents

4) Preparation of the patent applications based on the above in the legal language with necessary

technical details

5) Preparation of formal drawings that comply with patent office regulations to avoid subsequent

penalties and delays from the patent office

6) Preparation of required forms and computing the fees to be paid to avoid subsequent penalties

and delays from the patent office

7) Filing the patent application in person with fee at the concerned patent office of jurisdiction