Common Reasons for Changing Your Patent Agent Reason Impact Poor technical drafting or FER responses Risk of refusal or weak claims Communication delays Missed deadlines or client dissatisfaction Lack of transparency on timelines/fees Compliance issues or financial uncertainty Business model shift (e.g., moving from India-only to global filings) Need for specialized global IP counsel Merger or acquisition of client company New counsel preferred by new management Loss of trust, breach of confidentiality Legal risk and immediate termination required Step-by-Step Process to Change Patent Agent Step 1: Revoke Previous Authorization While Indian law does not mandate a formal revocation document, it is best practice to notify the outgoing patent agent in writing and document the revocation for internal records.

Eligibility for Expedited Examination (As per 2024 Amendments) Eligible Applicant Condition Startups Registered with DPIIT Small Entities Including MSMEs Female Applicants Sole or joint applicants Government Departments / PSUs / Institutions Central or State level Applicants eligible for PPH (Patent Prosecution Highway) Through designated foreign IP offices Entities opting for India as ISA or IPEA under PCT Must have filed PCT application through IPO Required Documents for Expedited Examination Form 18A – Application for Expedited Examination Proof of eligibility (Startup recognition, MSME certificate, etc.)

Documentation for Compliance & Rebate (India) Document Relevance Patent Registration Certificate To establish Sec. 115BBF eligibility Licensing Agreement Proof of royalty income Royalty Receipts & Invoices Required for GST and income tax audit Development Records To show the invention was self-developed Bank Statements / TDS Certificate For record of payment and tax deduction Practical Tips for IP Income Tax Optimization Register the patent in India – Foreign patents don’t qualify for concessional tax.

Copyright protects the code, UI, and documents that embody your invention.

A well-strategized and well-documented reply is key to protecting your IP rights.

Step 2: Review Your FER Reply and the Controller’s Objections Revisit: The original First Examination Report (FER) Your previously filed FER reply Any amendments or documents submitted after that Objective: Determine: Which objections have already been resolved Which ones are still active or critical Whether Section 3, novelty, or inventive step are the main issues Example: If the Controller has raised objections under Section 3(d), your focus should be on proving enhanced efficacy or technical advancement over known substances.

It usually includes: Section Description Point-wise response Reply to each objection clearly Prior art analysis Distinguish your invention from cited prior art Claim amendments Narrow or reword claims to overcome objections Technical proof Data, examples, or diagrams (if applicable) Revised documents Updated specification, drawings, or forms Common FER Objections & How to Respond Objection Type Strategy Lack of Novelty Show how your invention differs from cited documents Obviousness / Inventive Step Highlight unexpected advantages or technical challenges solved Insufficient Disclosure Add examples or expand the description section Non-Patentable Subject Matter Argue legal exceptions (esp. for Section 3(k), 3(d), etc.)

Essential Documents Document Purpose Copy of International Patent Application Proof of foreign filing Invoices/Receipts of Expenses Proof of actual expenditure (filing, translation, agent) MSME Certificate or Udyam Registration Mandatory for MSME scheme DPIIT Recognition Certificate Mandatory for SIPP scheme Facilitator Invoice (SIPP) In standard format approved by DPIIT CA-Certified Cost Sheet Required for reimbursement verification Undertaking/Declaration Compliance with scheme conditions Conclusion Leveraging IP for Global Growth With multiple schemes in place and renewed commitment from the Government of India, Indian MSMEs now have a credible and cost-effective pathway to secure international IP protection.

  Ordinary Patent Application (Non-PCT Filing) Mandatory Documents: S.

Step 1: Drafting the Specification Prepare a technically robust document focusing on: Core inventive concept Practical implementation Illustrative figures or diagrams Step 2: Prepare and Submit the Required Forms Form Purpose Form 1 Application for grant of patent Form 2 Provisional Specification Form 5 Declaration of inventorship Form 26 Authorization of Patent Agent (if applicable) Step 3: Pay the Government Fee (Details Below) Step 4: Submit Online via Indian Patent Office Portal   Fee Structure: Filing, Pages, Claims & Sequencing Base Filing Fee (Provisional or Complete) Applicant Type Up to 30 pages & 10 claims Natural Person / Startup / Small Entity ₹1,600 Large Entity / Educational Institution ₹8,000 Additional Fee for Extra Pages (Beyond 30 Pages) Entity Type Per Additional Page Natural Person / Startup / Small Entity ₹160 Large Entity ₹800 Additional Fee for Extra Claims (Beyond 10 Claims) Entity Type Per Additional Claim Natural Person / Startup / Small Entity ₹320 Large Entity ₹1,600 Sequence Listing Fee (Rule 9(3)) Applicable if the application includes nucleotide or amino acid sequence listings.