Metayage is a strategic IP partner for leading incubators like SINE, IIT Bombay, PSG-STEP, CIE, IIIT-H. and VIT-TBI. We have also entered in agreements with general practice law firms and leading P firms that are not specialised in patents to provide patent services to their clients. In addition, we are a patent preparation partner of choice for an International IP Services platform that was named as one of the top legal tech companies in the UK.
International Patent Protection
Patents are inherently territorial, meaning that a patent granted by the Intellectual Property office of one country holds jurisdiction solely within that nation's borders. Consequently, failing to file a patent application within the stipulated time frame in a given country would result in a failure to obtain patent protection in that country. Regardless of nationality or residency, individuals or entities can seek patent protection in any country. Therefore, strategically applying for patents in countries with the largest markets for a product or technology makes sound business sense. Companies pioneering innovative technology possess significant potential for global expansion. As deep technology innovations transcend national boundaries and draw upon a wealth of global knowledge, securing patent protection in multiple countries enables these firms to cultivate a competitive edge that spans across borders. The value of an international patent portfolio is not only contingent on the number of inventions but also the number of countries these inventions have patent protection.
Global Coverage
Metayage has successfully obtained patents for our clients in major markets and popular jurisdictions for patent protection such as the US, the European patent office, China, Japan, South Korea, Germany, the United Kingdom, Canada, Australia, Singapore, the UAE, Brazil and South Africa. We have replicated our success in US patent prosecution in several other jurisdictions. We have multiple associates in major jurisdictions and we choose them as per the technology domain and budget of the client. Further, having worked closely with our foreign associates throughout the patent process from filing to grant in these countries, we have studied the nature of the objections raised and devised customized strategies for overcoming rejections from the patent office in each country.
Benefits of International Patent Protection
Obtaining patents in major markets has a multiplier effect on the patent valuation and hence valuation of the company. It helps attain international recognition and build a global brand. Targeting multiple markets leads to multiple revenue streams. Particularly, when a patented product is sold, it can be priced at a premium, thus increasing profitability. When a product is sold internationally, there is also a threat of infringement of third party patents. We not only conduct freedom to operate search to mitigate such threats proactively but also strengthen the client's own patent portfolio to defend against threats due to infringement. Having patent protection in multiple countries also enables additional revenue streams by licensing the patents to strategic partners in these countries who have the ability to commercialise the invention in those markets.
Service Offerings
Metayage provides services right from the stage of R&D Optimization by helping you to fine-tune your invention all the way to commercialization of international patent portfolios. Once an invention has been identified and a decision has been taken to file a patent, we assist you with the following services:
Capturing invention disclosure
We offer an invention disclosure form designed to capture every crucial detail of your invention, facilitating an accurate patentability search in a user-friendly manner. This approach minimizes the time invested by inventors while ensuring productivity. Additionally, our Metayage team can hand hold inventors throughout the process, ensuring seamless completion without delays.
Filing the patent applications
In order to file patent applications in a country, Metayage works closely with our trusted patent attorneys and firms in each country. We choose the associate firm and the patent attorney depending upon the technology domain and the client's specific needs. We prioritize the client's requirements at each stage of the process, right from selecting the foreign associate to setting expectations and managing the relationship.
Examination
The Metayage team has developed specialised expertise in responding to office actions in multiple jurisdictions and major markets. Hence, we play a significant role in the examination process in jurisdictions like the USPTO, the European patent office, Australia, Canada, Singapore, China,India etc. We are actively involved in studying the objections, transparently communicating with our clients, and proactively devising strategies in collaboration with our foreign associates in order to obtain speedy patent protection by minimizing the number of office actions. We coordinate with our trusted foreign associates to arrange for examiner interviews when required, to obtain patent grants expeditiously.
Issue formalities and Renewals
Once a patent is allowed, patent offices may require an issue fee to be paid. This is a time bound activity and has to be completed ahead of time for the patent to be granted. In case the issue fee is not paid on time, the patent gets abandoned. In addition, the patent needs to be renewed periodically by paying maintenance fees. Delay in payment of maintenance fees may lead to a penalty, and non-payment of maintenance fees after the date of payment with penalty will lead to abandonment of the patent. Metayage subscribed to a state of the art docketing software and has a well trained paralegal team to constantly track the due dates, send follow up emails and reminders and get the annuities paid to maintain your International patent portfolio in association with our trusted partners around the world.
Patentability search and analysis
First, the invention disclosure has to be evaluated for subject matter eligibility. If these criteria are met, the next step is to check if the invention is novel and has an inventive step. For this, a search has to be performed to find prior art, which includes published patents and patent applications, publications, and products that are being sold in public. The patent search results can be used to differentiate your invention from the prior art and highlight the differences in the patent draft to strengthen the patent application. We simulate the process followed by a patent examiner in conducting a search for prior art. We not only advise our clients on patentability, but help you to differentiate your invention over the prior art. This results in preparing a high-quality patent application with an improved chance of a patent grant.
Drafting Patent Applications
The patent application has to be prepared carefully, requiring not only legal expertise but also technical know-how. A good patent draft will help in not only getting a patent grant but making it challenging if not impossible for competitors to reverse engineer your invention and circumvent your patent. The patent application has to include a detailed description of the embodiments and drawings. A non-provisional or complete specification should include claims (which define the scope of legal protection), and a detailed description that describes the invention in sufficient detail to enable a person having ordinary skill in the field of the invention to implement the invention without undue experimentation. Furthermore, depending on the countries where the patent applications have to be filed, the draft has to be prepared to comply with the patentability requirements and rules of each country. There is no one-size-fits-all approach, and planning and execution is required. Our team will work closely with you to develop a strategic plan and draft an application that strong and effective.
International patent filing strategy
With a completed invention disclosure and prior art search report in hand, we'll help you navigate the different patent application options. Here's a breakdown of the key choices:
- Provisional vs. Complete Application:
- Provisional Application: Ideal for inventions still under development. It establishes an early filing date (priority date) and grants you 12 months to further develop your invention before filing a complete application.
- Complete Application: This is the standard application for fully developed inventions and requires detailed specifications.
- International Filing Strategies:
- Paris Convention Route: Grants you 1 year from your first filing date (priority date) to file applications in other countries. This is a simpler route but requires faster action.
- PCT (Patent Cooperation Treaty) Route: Offers an additional 18-19 months to file applications internationally compared to the Paris Convention. This provides more time for strategic planning but involves additional steps.
We understand these decisions can be complex. Our team will work closely with you to determine the most strategic approach for your specific invention and goals.
Client testimonials
Metayage has filed over 50 patent applications in different jurisdictions for us and got over 30 patents granted so far. Their impressive IP portfolio won Niramai the IP Excellence award for “Best IP driven startup of the year 2022” from ASSOCHAM. Furthermore, I have been recognized under Forbes 30 under 30 as a prolific inventor on these patents. The Metayage team helped us ito strategize, explain the key inventive features of our inventions, respond to objections from the patent office and defend our position to secure strong patents.
Siva Teja
Director, Founding Member, Niramai Health Analytix
It has been a great experience working with the Metayage team for 5 patent filings in the last one year. The experience was a very smoot experience, the team understands technology well, and they can translate comple technical jargon in a simplified manner.
Prateep Basu
Founder and CEO, Satsure
We have been closely working with Metayage and it has been amazing throughout. Each person in the team is very good at their work, they keep track of deadlines and proactively update them on progress and share the status and relevant documents without having to follow up. We like the team’s technical proficiency and love their professionalism.
Rimjhim Agrawal
Co-Founder and CTO, BrainsightAI
I have been interacting with Arjun and Metayage since October 2018. Arjun and his team have been quite thorough, diligent, punctual, and critical in helping us file and achieve patent grants for multiple innovations. Arjun and his team especially helped us to carefully draft innovations in AI and retail, both software and hardware. All the processes, right from patent search to final drafts to hearing calls, have been executed with timeliness and attention to detail. Great work, Ajrun!
Vijay Gabale
Co-founder, CTO, CPO, Infilect
Why Choose Us
Metayage has a phenomenal success rate and track record!
We have successfully obtained over 180 US patents and 345 Indian patents at a success rate of over 90%. We have also got 10 patents granted by the European Patent Office (EPO), 6 in Australia, 5 in Japan, 8 In the UK, 5 in Germany, 4 each in France, China, and Canada, and 2 in South Korea.
We act as your strategic IP partner.
Our slogan is "Your Strategy First®", which means that we start with the client's business strategy and goals and then align our efforts to achieve those goals
Where others stop, we begin.
We have deep expertise and an excellent track record in getting patents for subject matter that is typically considered unpatentable, such as software, business methods, certain mixtures, and methods of medical diagnosis or treatment, as well as inventions that are considered to be obvious such as an Idli tray system or a vertical farming system.
The patent process is not easy, but Metayage makes it simple.
We simplify and assist our clients at every stage of the application process. Hence, clients have told us that we have made the process smooth for them. We make each step less complicated and simpler by offering our expert support and guidance along the journey, which many of our clients have appreciated. By making an effort to learn about technologies related to our client's inventions and educating our clients about the patent application process, we convert a process that could be painful into one that is a pleasure!
We think International, from day one!
Most IP firms are familiar only with their own jurisdictions and tend to advise their clients on patent strategy based on their knowledge of the patent laws in their own country. However, in today's globalized world, a company may be incorporated in one country (e.g. for tax reasons), may have its R&D team in another country (e.g. for talent), but choose to patent in another country (e.g., where there is a big market and high value). Metayage's approach and strategy is personalized and unique to the client's business, and there is no one size fits all approach. Having expertise that cuts across countries enables us to take a truly international approach right from the beginning. Hence, filing foreign patent applications is not a hindsight, but a key ingredient of your vision and roadmap.
Process Overview
When you have an invention that you want to patent, we start with an initial consultation over an online meeting. During this meeting, we understand your need and motivation, the technology and subject matter of the invention, and which countries you want to protect your invention. We then come up with a plan of action that is customized to your specific requirements. We then execute a Non-Disclosure agreement between the applicant and our firm, and share our invention disclosure form. The invention disclosure form is designed to extract the most important information that will help us evaluate your invention for patentability and perform a patentability search. Based on the results of the patentability search, we either recommend proceeding with a patent application or making further improvements to enhance the inventiveness and improve the chances of a patent grant. Once sufficient information is obtained to satisfy patentability requirements, we proceed with preparing a patent application. Because we prepare a strong case for patentability during the stage of patentability search and patent application preparation, we are able to prepare a strong patent application that will comply with patentability requirements in different countries. This ensures that the process of obtaining patent protection internationally is smoother with fewer roadblocks. In addition, few rejections and roadblocks leads to speedy patent grants with lesser costs.
Trust Indicators
We take pride in enabling our clients to win international recognition due to the International IP portfolios that Metayage has built for them. Some awards that our innovative clients have received include Forbes 30 under 30, Best IP driven startup of the year 2022" from ASSOCHAM, and the top innovative company (medium enterprise) in manufacturing from CII in 2021. The Office of Controller General of Patents, Designs and TradeMarks (CGPDTM) has selected our client, a leading Institute of Technology as an awardee of the "NATIONAL INTELLECTUAL PROPERTY AWARDS 2021 & 2022."
Frequently Asked Questions
YES. Nationality or residency is not a bar for applying for patents. Anyone can apply for a patent in any country. Foreign filing permissions can be obtained by inventors who are residents of one country and seeking to file first outside their country of residence in certain jurisdictions.
NO. Patents are territorial rights that are country-specific. If you want patent coverage in multiple countries, you have to apply for a patent in each country. There are different routes like the Paris Convention and the Patent Cooperation Treaty routes for facilitating this process. There are regional offices like the EPO (European Patent Office) and the ARIPO (African Regional Intellectual Property Office) that streamline the process, but fees have to be paid in respect of each country where patent protection is sought.
The countries should be chosen based on 1) Market size 2) Patent Value 3) Patentability 4) Enforcement, and 5) Budget. The Metayage team understands our client's business and goals deeply and curates a customized list of countries and routes for International patent protection for them.
You may have patented one specific improvement or feature in the overall product, but the rest of the product features, components, and combinations of components and features could be patented by others. Having a patent of your own does not mean that you have freedom to sell your product.
A patentability search is very specific and focused only on the unique features of your invention, whereas a Freedom to Operate search covers all features and combinations of features that are present in the product that you are selling or planning to sell in different markets. One type of search is not a substitute for the other, and both have their own purpose, relevance, and context.
Metayage has set up offices at strategic locations in hubs of innovation and deep technology such as Bangalore and Hyderabad. Our Bangalore office is located at the Atal Incubation Centre in Dayanand Sagar College on Hosur road, which is close to the startup hubs of HSR Layout and Koramangala. Metayage’s Hyderabad office is located in the deep tech incubator CIE, IIIT Hyderabad campus, where T-Hub is also located. Our office in Chennai is located within a stone’s throw from the Intellectual Property office in Chennai, which is jurisdiction for the states in South India. Our Coimbatore office is within the PSG-STEP incubator, in close proximity to several innovative startups and accessible to researchers and scientists from the PSG College of Technology.
