A valuable patent portfolio requires strong patent drafting, and our experts ensure to provide
robust and flexible protection for inventions. Patentability assessment includes a patent
search, a thorough analysis of the references uncovered, and a written report on patentability
involving subject matter eligibility, inventiveness, novelty, and utility. We leave no stone
unturned in drafting and prosecuting applications in every major jurisdiction to help our
clients to find the optimum strategy for every case.

Usually, we suggest clients to perform a patentability assessment before filing a patent
application, as a patentability assessment can prevent filing a patent application that later is
rejected due to lack of novelty or inventive step. We search in national and international
patent databases, scientific journals, and other relevant literature to analyze documents to
assess the relevance of your invention.

Patent drafting is documenting the whole patient registration process, where the most
complex techno-legal documents get registered. The specification includes the essential
aspects of the invention, including a field of invention, background, and summary. Also, the
specification consists of a thorough description, patent drawings, abstracts, and patent claims
for which protection is needed.
Aumirah provides utmost importance to drafting both the provisional and non-provisional
specifications thoroughly. We also ensure that our strong patent team comprising patent
analysts, technologists, and patent attorneys draft patent specifications to perfection. We
understand the significance of patent specification to meet the patent office’s formalities.
Hence, we do our best to take the most care while reviewing and proofreading the patent
specification.

Any applicant can apply for a patent grant to file a patent at the patent office in India. The
jurisdiction of the patent office is determined based on residence or an address for services or
a business place. Our team of patent agents and attorneys understand the patent's intrinsic
value and experience in successfully handling patent filing in India and various other
countries. They are fully acquainted with the legalities of patent filing procedures in India, as
we have represented many Indian and overseas clients to file patent applications in India.
Various types of patent applications include the following:

 Ordinary Applications
 Convention applications

 Divisional Applications
 Patent of Addition
 PCT National Phase applications

Firstly, in an ordinary application, the patent application is made without claiming the priority of the prior application. And this can be a provisional or a nonprovisional patent application. Aumirah utilizes the E-filing of the Indian Patent Office to file the patent application for the grant of a patent, pay official electronic fees, and furnish a patent specification with ease. Also, the non-provisional application will be filed directly or within 12 months from the provisional filing date.

 

Secondly, in convention applications, a patent application claims a priority date and priority of substantially similar inventions filed in one or more convention countries. Here, the application is filed within 12 months from the priority application date.

 

Thirdly, in a divisional application, the application may be divided into further applications concerning the inventions disclosed in the major patent application. Here, the date of filing, priority date, and the term of the patent for the claims of the divisional application must be the same as of the significant application.

 

Fourthly, in patent addition, an applicant can file an additional patent application in India for an amendment or improvement of the main patent. The patent application of addition should be the same as that of the main patent application. Besides, the patent of addition shall be granted once the main patent has been granted.

 

At last, further, Aumirah assists our Indian Clients in filing international phase PCT applications in India or WIPO. The global phase of PCT is filed within 12 months from the priority date of the Indian patent application. Additionally, we assist our overseas clients in filing their PCT patent applications in India. The national phase PCT applications are filed within 31 months from the priority date.

Patent prosecution usually means getting a patent from a country’s Patent Office, and the process starts with the preparation and filing of a patent application. It is mostly an interaction between the client or the Attorney and the patent office about the entire process of securing a grant or patent. This includes the process of drafting, filing, and negotiating with the U.S. Patent and Trademark Office (USPTO) to receive patent protection and rights for an invention.

 

The top-notch patent prosecution attorneys at Aumirah are leading the era in helping clients to protect their idea assets. Acquiring a patent or going through the protection procedures is tedious and complicated; let us assist you in easing your journey at Aumirah. Patent prosecution can be divided into pre-grant prosecution, which includes negotiation with a patent office to grant a patent, and post-grant prosecution, which includes issues such as post-grant amendments and opposition.

 

Patent prosecution is highly individualized and reflects the underlying skill set of each Attorney as the prosecution process involves a high level of technical negotiation and interpretation of specific terminologies with the patent office, which in the end has high-impact value for the client. At Aumirah, we provide efficient patent filing services to Indian and Overseas Corporates and Individual Inventors Firms. We have proved ourselves one of the fastest filings and reporting to the respective clients. We diligently monitor all deadlines and take the necessary steps.

Patent prosecution is usually divided into two phases; pre-grant prosecution and post-grant prosecution. The first one involves the examination process conducted by the Patent Office, including issuing an examination report to the Office and drafting and filing a response to that report within the scheduled time limit. If the examiner is unsatisfied with the arguments submitted in the response, is followed by issuing a hearing notice—pre-grant oppositions, after which the application proceeds for a grant or rejection are also included in this phase. And in the latter one, in post-grant prosecution, it is made after the grant of a patent. 

Hence, a hearing happens when a controller, the senior officer to the examiner, issues a notice of hearing asking the applicant to attend the hearing on a fixed hearing date. The gap varies from 10-30 days between the notice date and the hearing date. After a thorough study of the cases, Aumirah assists clients in a smooth proceeding of hearing.

Patent opposition is a way through which any third party reviews the validity or patentability criteria of a pending patent application and already granted patents. The Indian patent law offers two types of patent opposition proceedings; an opposition is filed before the grant of a patent and an opposition is filed after a patent is granted. This provides an opportunity for the public to challenge the pending patent applications and the granted patents by filing an opposition. The process is time-bound, less costly, and quicker than litigation proceedings. Our experts at Aumirah help you file opposition if needed with ease.

An appeal by a petitioner against a single judge’s decision to a different bench of the same court is known as Letter Patents Appeal (LPA).

Patent docketing is managing the complete process of filing a patent application. This process can be critical while ensuring that all deadlines during patent filing are met, and the documents are effectively organized and labeled, followed by retrieving whenever needed. Aumirah’s patent specialists help keep the records of all the patents in the portfolio at a centralized location to ease the process of patent docketing. It also saves one from missing deadlines that can ultimately result in the abandonment of the Patent.

 

Get Aumirah’s expert services to impeccably manage your patent docketing process throughout the prosecution cycle and ensure no deadline is missed, which could result in the abandonment of the application and affect your revenue badly. We have designed our expert paralegal support structure for end-to-end support to protect your intellectual rights.

To maintain a patent in India, it is required to pay the renewal fees to be settled yearly with the IP Office of India. By fixing the renewal fees, the Patent is guaranteed to last two decades from the filing date.

 

A patent life is usually set within twenty years from the filing of the patent application date, and the patent renewals should be done regularly on a particular date set by the patent office with some payment. The amount varies from country to country. And when one has numerous patents, maintaining it becomes a hectic task for executing a patent portfolio. 

 

The lifeline of any granted patent relies on regular maintenance and renewal of the application promptly. Following the maintenance timeline means staying on the Patent before its expiry. Aumirah manages the renewals on time through its in-house state of art procedure and technical platform.

 

Our specialized patent team watches actions that prevent registrations of inventions similar to yours that may harm, such as the infringement of the use granted by your patent rights. By maximizing the effectiveness of the invention’s protection by law with the patent and utility model watch, infringements on your rights are decreased.

 

With thorough monitoring, it can be ensured that the primary objectives of your rights guarantee the monopoly of inventions. To this end, rights holders are informed about new filings for inventions whose technical characteristics could jeopardize the exclusive manufacture, sale, or importation faculties in each jurisdiction and consequently decrease the value of your inventions. Our team uses the following methods:

 

Permanent watch: After the registration of one of these forms of protection, we will always be alert to possible infringements. We notify you when third parties attempt to register patents or utility models with technical characteristics that are identical or similar to those of your registered inventions. We then proceed with an opposition strategy against the new application.

 

Advanced technology: To identify cases of exclusivity infringement, we have advanced technological systems to watch new patents and utility models, regardless of the jurisdiction.

 

Strategy: If illegal actions are identified, we define an appropriate strategy by contacting administrative authorities and by finding grounds for further action.

 

Knowledge: Our professionals master the procedures for monitoring the chosen form of protection, the specifics of the market, and the outlining of the technical measures that can and should be taken.

Strong patent drafting is the cornerstone of a valuable patent portfolio. We recognise the importance of taking the right amount of care in drafting applications to ensure that they will give robust and flexible protection for inventions.

We are able to draw on our vast experience of drafting and prosecuting applications in every major jurisdiction to ensure that our clients benefit from up-to-date knowledge to find the optimum strategy for every case.

 

Strong patent drafting is the cornerstone of a valuable patent portfolio. We recognise the importance of taking the right amount of care in drafting applications to ensure that they will give robust and flexible protection for inventions.

We are able to draw on our vast experience of drafting and prosecuting applications in every major jurisdiction to ensure that our clients benefit from up-to-date knowledge to find the optimum strategy for every case.

 

About Us

Aumirah is a full service intellectual property (IP) services and private equity (PE) consulting & advisory firm with a global footprint. 

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