Patents

The imperative for robust patent protection and enforcement within developing economies is indispensable. India, as one of the world's most rapidly expanding consumption and innovation-driven economies, recognizes the critical importance of incentivizing innovation through its patent laws, aligning enforcement mechanisms with global standards. Furthermore, Indian patent legislation, being in a state of continuous evolution, fosters a conducive business environment for both multinational corporations (MNCs) and indigenous innovation-driven enterprises.
Over the past seven decades, Indian patent laws and regulations have undergone significant development, marked by numerous legislative amendments. Precedent-setting litigation rulings by Indian Courts have contributed substantially to the strengthening and refinement of the Indian Patent landscape. As a tier-1 IP Law firm, L.S. Davar & Co. frequently represents clients in prominent patent litigation cases, gleaning best practices from the judicial pronouncements emanating from these proceedings. Concurrently, the firm maintains meticulous oversight of all amendments to the Patent Act, incorporating these updates into patent prosecution practices before the Indian Patent Office.
Since our inception in 1932, we have maintained an average client retention rate exceeding 30 years in patent prosecution matters. This enduring client loyalty underscores the value and quality of our services. Currently, our patent department comprises over 100 patent attorneys, each possessing an average of over 15 years of experience and credentials from India's premier institutions. Recognizing the dynamic nature of the patent ecosystem, we are committed to the continuous professional development of our attorneys. To ensure they remain at the forefront of the field, we provide monthly training sessions designed to augment their knowledge base, refine their skill sets, and deepen their understanding of their professional responsibilities.

0ur comprehensive suite of patent-related services encompasses the following:
- Prior Art Searches and Analysis: We conduct thorough patent searches and provide expert legal opinions regarding patentability and infringement.
- Patent Application Preparation and Filing: Our services extend to the drafting and filing of patent applications in India (including national phase applications), PCT applications, and applications across international jurisdictions.
- Patent Prosecution and Maintenance: We manage all aspects of patent prosecution and handle patent renewals in India, Asia, the United States, Europe and Australia. Furthermore, we facilitate prosecution in other jurisdictions through our established network of associates.
- Freedom-to-Operate and Invalidity Analyses: We provide freedom-to-operate and invalidity opinions specifically within the Indian jurisdiction.
We are committed to the strategic implementation of tools and processes that yield optimal results for our clients, delivered with transparency and cost-effectiveness. Our adherence to meticulously defined internal processes and established procedures with the Indian Patent Office allows us to consistently strive for excellence. We possess the capacity to manage substantial workloads without any diminution in the quality of our deliverables.
Frequently Asked Questions
A patent is a legal right granted by the government that allows the inventor to exclude others from making, using, or selling their invention for a limited time. Patents can be granted for new processes, machines, manufactures, or compositions of matter, as well as improvements to existing inventions.
To apply for a patent, you typically need to conduct a patent search, prepare a detailed patent application (including claims and drawings), and file it with the United States Patent and Trademark Office (USPTO). The process involves examination by a patent examiner and can take several months to years.
Utility patents generally last for 20 years from the date of filing, while design patents last for 15 years (if filed after May 13, 2015). Maintenance fees must be paid to keep the patent in force for utility patents.
If you suspect patent infringement, document the infringing activity and consult with an IP attorney. They can help you determine the best course of action, which may include sending a cease-and-desist letter or pursuing legal action against the infringer.
