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What is Patent Prosecution and Litigation law practice?
Patent prosecution refers to the process of arguing for the patentability of various inventions, devices, methods or systems. The Indian Patents Act, 1970, recognises product and process patents.
The Patent Prosecution process starts with applying for and receiving a patent from the appropriate government agencies, by asserting the novelty of the Intellectual Property, submission of supplementary materials and documents.
Patent prosecution is not an adversarial legal action against a defendant.
Patent prosecution is a legal practice of utmost importance in jurisdictions where patent applications go through a substantive examination, which requires proving the existence of the inventive step, to determine patent eligibility.
Firms practicing Patent Prosecution help individual inventors and the organizations, in drafting and filing patent applications. They will also help their clients with the development of a comprehensive strategy for IP protection.
Patent litigation is the legal process whereby the owner of the patent enforces their rights by suing another for infringing on their rights; such as by manufacturing or selling the invention without permission.
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The practice of patent litigation includes the following:
- Preparing a litigation strategy with consideration to the risk and cost analysis
- Enforcing patent rights through the institution of infringement suits, filing of writ petitions, special leave petitions, revocation petitions etc. before various courts, specialist tribunals and administrative bodies
- Advising on alternate dispute resolution wherever such an option is more suited for the situation
- Designing and implementing monitoring and enforcement programs to ensure adherence to license agreements
- Pre-empting situations before an actual dispute arises, with the aim of placing the client in the best possible position
Best Law Firms for Patent Prosecution and Litigation Practice Internship in 2021 for LLB Students
This list of best law firms is sorted in alphabetical order.
- Anand & Anand – New Delhi, Chennai, Mumbai, Noida
- Chadha & Chadha IP – Bengaluru, Gurugram, Hyderabad, Kochi, Mumbai, New Delhi, Pune
- De Penning & De Penning – New Delhi, Kolkata, Mumbai, Chennai
- K&S Partners – Gurugram, Bengaluru, Mumbai, Hyderabad, Chennai, New Delhi
- Khaitan & Co – Mumbai, Bengaluru, Kolkata, New Delhi, Noida
- Khurana & Khurana, Advocates & IP Attorneys – Noida, New Delhi, Bengaluru, Pune, Mumbai, Indore, Hyderabad, Jalandhar, Chennai
- Krishna & Saurastri Associates – Mumbai, Pune, New Delhi, Bengaluru, Ahmedabad, Chennai
- Lakshmikumaran & Sridharan – New Delhi, Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Gurugram, Hyderabad, Kolkata, Mumbai, Pune, Kochi, Jaipur
- Lall & Sethi – New Delhi
- Legasis Partners – Mumbai, Pune, New Delhi, Hyderabad
- LexOrbis – New Delhi, Mumbai, Bengaluru
- Obhan & Associates – New Delhi, Pune
- R K Dewan & Co – Mumbai, Pune, New Delhi, Chennai, Kolkata, Indore, Bengaluru
- Rahul Chaudhry & Partners – New Delhi, Gurugram
- Remfry & Sagar – Gurugram, Chennai, Bengaluru
- S Majumdar & Co – Mumbai, Kolkata, New Delhi, Hyderabad, Bengaluru
- Saikrishna & Associates – New Delhi, Noida, Mumbai
- Singh & Singh Law Firm – New Delhi
- SS Rana & Co – New Delhi, Bengaluru, Chandigarh, Chennai, Kolkata, Mumbai, Noida
- Subramaniam & Associates – SNA – New Delhi