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In order to meet the obligations under WTO and TRIPS; the Indian Patents Act, 1970 has been amended vide the Patents (Amendment) Act, 2002. Accordingly, on May 20, 2004, the Government of India has also notified Patent Rules, 2003 under the new amended patent act.

The new amendments in the Patent Act brought about have been with respect to definition of invention, deferred examination of application, term of the patent and mandatory filing in India.

According to the available WIPO statistics, India with a population of more than 1 billion people constituting 20% of the human-race is a favorite country for patent applications designation. Targeting at such a huge market, a CEO of one large conglomerate commented, “A company can now ignore India at its own peril”.

Jotwani Associates products for Patents are:
A. Writing / Drafting / Preparation of Patent applications in the area of electronics, software, mechanical and chemical related inventions. B. Patent Searches from popular search engines and patent databases and legal opinion thereto; C. Patent Opinion D. Patent infringement suits in various courts in India; E. Support for Patent Infringement cases worldwide.

Global patent searches, opinion and patent writing

1. Patent Search: Simple Procedure of Jotwani Associates



A. Write us about the domain of your invention. Also tell us about the applicability of your invention (Do not send across Invention Disclosure to us)

B. Within 24 hrs, we will send you the following:

a) Digitally signed NON-DISCLOSURE-UNDERTAKING by one of the partners;
b) Our cost-estimates and payment instruction

C. Send us the Invention Disclosure along with the complete fees;

D.Patent Search & Opinion, Patent Drafting, PCT - Patent filing in India, Patent Filing and Patent Prosecution in India and at USPTO Delphion and WIPO.

Indian National Phase Filing: Convention or PCT patents prosecution.

STAGE A: Requirements before filing of the patent application

1. Write to us and describe the patent application that you intend to file in India;

2. Within 24 hrs, we will send you the following:

a) Digitally signed NON-DISCLOSURE-UNDERTAKING by one of the partners;
b) Our cost-estimates and payment instruction;

3. E-mail us the softcopy of the patent application in a MS-WORD format.

4. Also send us an e-mail, authorizing us to file a patent application (format given below).

“We are the applicant/ we have been duly authorized by (NAME OF THE APPLICANT) to engage a patent attorney in India to file a patent application titled, “____________”. We authorize, JOTWANI ASSOCIATES, Patent Attorney to file and prosecute the same at the Indian Patent Office, New Delhi.”

5. Upon receiving the above-mentioned application/ authorization, we will send you our invoice by fax and e-mail.

6. We will immediately file the patent application at Indian Patent Office and send you (by express mail/ speed post) the following: -

a) Filing receipt of the patent application at Indian Patent Office;
b) FORM – 26 (Letter of authorization) on Indian Stamp paper.
c) Proof of Right on Indian stamp paper.

STAGE B: Requirements after filing of the patent application

The following are required to be filed at the Indian patent office subsequently:

a) FORM – 26 (Letter of authorization) on Indian Stamp Paper duly signed by the inventor(s)/ assignee/ applicant in our favor;
b) Certified copy of the priority documents;
c) International Search report, if any;
d) Preliminary Search report, if any;
e) Proof of Right.

Download free: The India Patent Act, 1970

The India Patent Act 1970

Contact us and we will be happy to respond back to you immediately.