Pharmaceutical & Biotechnology Patent Attorney
Patent registration is done by filing a provisional or complete specification electronically at patent office. Patent has a validity of 20 years and after that, it will be in public domain In India, Patent registration is taken care by The Patent Office, Controller General of Patents, Design and Trademark.
We have clients and we offer services nationally and internationally. In India, our head office is located in Ahmedabad, Gujarat and we have collaboration with patent and trademark law firms located in Mumbai, Delhi and Bangalore.
Types of applications being filed at the patent office.
- Ordinary Application - This application is made without claiming any priority for an invention or without reference to any other application.
- Convention Application - This application is made with the reference to an application filed in other country and it must be filed within 12 months from the date of first application in the convention country.
- PCT Application - Also known as an International application and a common gate for making an entry of the invention in multiple number of countries. This application must be filed within 12 months from the date of first application. This application can give time of further 18 months for selection of countries of national phase application. This selection of countries is limited to the PCT member countries.
- National Phase Application - This is an international application filed after PCT application where Indian application to be filed in other PCT member countries within 30 months of priority date and international application can enter the Indian as National Phase within 31 months from the Priority Date.
Pharmaceutical Patent Services
Pharmaceutical Patents, Application Preparation and Prosecution
We provide numerous services that cover the complete process of pharmaceutical patents including application preparation and prosecution. Our experts carry advanced degrees in life sciences. We have attorneys with us who have worked to complete the patenting process for small molecule pharmaceuticals, biopharmaceuticals, bioinformatics, personalized medicine, polymorphs, pharmaceutical formulations, methods of treatment, methods of manufacture, and diagnostic methods. In case of some delays on the part of patent offices or related agencies and authorities, we also help you get a pharma patent term extension.
Opinions and Experience
Our experts have had a lot of experience in working with issues like invalidity, non-infringement, patentability, and freedom to operate opinions for our generic, biotechnology, and drug discovery clients. The biggest strength of our patenting operations is our searching mechanism. After doing a thorough and comprehensive patent searching, our pharmaceutical patent analyst can provide you with expert legal opinions on any matter. Plus, our services are way more accurate and cheap than others in the market who outsource their patent searching work. Our team has high scientific expertise which allows them to devise design-around strategies including non-infringement strategies for Orange-book listed patents for our clients that pertain to issues like freedom of operation or patent infringement.
Pharma Competitive Intelligence
Being constantly updated with the details of the intellectual properties of your competitors is inevitable in the pharmaceutical and biotechnology industry. Our landscape services are meant just for this purpose. Our reports provide you with a quick and comprehensible access to the patents and patent applications of your competitors that can have a direct or indirect impact on your business goals. We provide this service in fields like API, process chemistry, formulation, and methods of use patents. We also provide a range of patent monitoring services of competitors’ patent grants, patent publications, prosecution, national stage entry, litigation, and post-grant proceedings.
Pharmaceutical Licensing Agreements
Whether you are in the field of generic biotechnology or drug discovery, our pharmaceutical patent agent can provide you with a lot of different pharmaceutical licensing services. This includes agreements like technology transfer agreements, confidentiality agreements, research agreements, and end user agreements. If you are planning an alliance or partnership, we can help you with strategic alliances and joint development agreements as well. If you are going for a merger or acquisition, our professionals can help you frame due diligence agreements too.
Patent Portfolio Management
If your research requires patent portfolio management, our experts can help you with its related strategies as well including national phase filing strategies, parallel patent prosecution in multiple jurisdictions, and life cycle management strategies.
We have worked with numerous clients and provide them support service for Hatch-Waxman and related pharmaceutical litigation matters. Our service focus is two-fold wherein we work to protect the rights of pharmaceutical companies that are in the field of drug research and discovery for patenting their work. We also focus on protecting generic pharmaceutical companies from improper patent infringement claims. Our guidance and counseling for clients begins before a suit is filed and includes preparation of ANDAs, performing opinion work, and Paragraph IV.
Our services aren’t focused simply on the legal aspects. We have ensured to develop a working knowledge of science as well that can have direct or indirect implications in any legal proceedings of our pharmaceutical clients. With this understanding, we devise various litigation strategies that help the fulfilment of the business objectives of our clients. Our team represents a strong amalgamation of technical mastery and expert for making us a popular name on the list of the most successful support service for Hatch Waxman litigation.
In case of any pharmaceutical litigation, we have a very straightforward approach. We understand the long-term and short-term business objectives and goals of our clients and then strategise the legal proceedings accordingly. This helps us to bring about case outcomes that are highly favourable and profitable to our clients.
Members of our Pharmaceutical Litigation Team have successfully represented parties for:
Requirements and Procedure for Patent Registration:
Babaria IP & Co. represents quality and consistent patent search services and drafting for all the clients from India and overseas to help them to get maximum of the returns from their invention.
Babaria IP & Co. involves in taking necessary steps to compete with deadlines and provides registered patent agent / attorney services to Indian and overseas corporates, individual inventors and law firms.
Patent examination / prosecution
It is a process of patent attorney service which leads the interaction between an applicant or its representative and a patent office. Patent Office is located in Mumbai, New Delhi, Chennai and Kolkata.
Examination report generated by patent offices defines the objection for the applications. All the objections must be clearly made within time limit provided by the patent offices. Babaria IP & co. takes care for the same for the cases of responsibilities.
Opposition can be Pre-grant or Post-grant. Pre Grant opposition can be filed before the grant of patent and after the application has been published. Post-grant opposition can be filed within a period of twelve months after the grant of a patent.
Babaria IP & Co. is involved with the patent renewal and patent attorney services with its working statements and provides the facility of managing its portfolio. It generates patent information and undertaking regarding foreign applications.
Patent related appeal and litigations
Babaria IP & Co. is involved in making appeal at Intellectual Property Appellate Board (IPAB) or in Courts by making patent infringement protection for custom and border. It keeps a keen observation on submissions of pre-grant and post grant oppositions. It helps in prosecuting and defending civil suits for infringement.
Patent related agreements
Various agreements come into its band such as Assignment Agreement, Exclusive License Agreement, Non-Exclusive License Agreement, Confidentiality Agreements Research and Innovation Development Agreement, Licensing and transfer of technology Agreement.
Patent landscaping is a type of process of research that provides an overview of the patents that are related to the project. This covers granted as well as pending patent applications.
Prior art search analysis
Patent analysis stands for the in-depth statistical analysis of patents for a particular technology. Babaria IP & Co. is involved in doing extensive literature search with respect to the field of interest.
Infringement analysis includes certain essential features of the invention; utilizing claimed features; equivalence; taking part of the invention.
Babaria IP & Co. helps the clients not only to understand the market value of a particular technology but also the latest development in that technology Upon understanding the need of the client according to technology domain, we prepare a report and detailed analysis of the documents (from patent and non-patent literature)
Patent portfolio analysis
Patent portfolio analysis is conducted for identifying the patents and various patent applications owned by a company. The portfolio included issued patent and published patent application of the countries of interest of the company. We, at Babaria IP & Co., perform detailed portfolio analysis to provide you complete insight of your portfolio based on your request.
Patent watch and alert
The patent watch and alert services can be. categorized on the basis of technology and competitors. We, at Babaria IP & Co., provide patent watch search report based on client needs, deliver cost-efficient and quality patent watch and alert services to keep our clients updated with recent developments in the field of interest.
Prior art analysis
Prior art analysis is important to decide the status of the technology. It has been conducted within a specific goal to get closely relevant prior art, patents or published patent applications which are equivalent to the specific technology. At Babaria IP & Co., we believe that both the concept are having equal value, the context of the search as well as the search methodology. The analysis report cites details of the relevant patent/prior art documents, along with our detailed analysis of the same.
Patent applications are pulled to cover the inventions automatically.
Documents required for patent filing
Application form should have three copies with complete specification, information and undertaking listing the number, filing date and current status of each foreign patent application, priority document, registered patent attorney and fee in cash/cheque/demand draft.
File Request of Examination
The request for examination fees is based on type of applicant. This is made within 48 months from the date of filing the patent application, along with form and fees.
Examination report by patent office
The first examination report is issued by the controller of patent office to the patent applicant in respect of the claimed invention.
Reply of examination report
The objection raised by the examiner of patent office is analyzed and responded by patent applicants or patent professional.
Attend Hearing (IF)
Hearings decisions are need to be taken within 30 working days from the date of the hearing.
Grant of patent
The grant of patent is notified in the patent journal which is updated from time to time. The application would be placed in order for grant, once it is found to be meeting with all patentability requirements without any opposition by third party.