​PATENT DRAFTING / PREPARATION

Patent Preparation and Drafting

 

Patent Application – The Foundation of Strong Protection

A patent application is a techno-legal document that grants the inventor exclusive rights in exchange for full disclosure of the invention. This protection prevents others from producing, using, selling, or importing the patented invention without consent.

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A fundamental requirement for patentability is —the invention must not have been publicly disclosed in any form prior to filing. Thus, before the commencement of patent drafting, various searches such as state-of-the-art and novelty searches are conducted to assess the invention’s potential and . Once novelty is established, the process moves to meticulous patent drafting, ensuring that every technical detail is thoroughly and accurately documented to strengthen its enforceability.

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Patent Drafting​

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Patent drafting is the cornerstone of a successful patent application. It requires technical depth and legal precision to ensure that the invention is clearly defined and legally protected. Detailed specifications, drawings, and claims together form the core of the patent application. A well-drafted patent application can accelerate the examination process, minimize objections, and enhance the scope of protection, while a poorly drafted application may result in delays, additional fees, costly amendments, weak enforceability, or even rejections.

 

At , we understand the critical importance of a meticulously drafted patent application, and thus, offer high-quality and customized patent drafting services that capture every critical detail of your invention. Our rigorous multi-tier review process ensures that each application is semantically and syntactically flawless, while our strict confidentiality protocols safeguard your innovations. We also recognize that a strong patent is essential for effective commercialization. Regardless of the technology’s excellence, its value is diminished if:

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• The technical disclosure fails to enable replication;

• It does not fully disclose necessary embodiments; or

• The claims are narrowly drafted without adequate support from the specification.

 

Accordingly, we tailor each patent application to maximize protection and commercial value, ensuring it aligns with legal requirements and industry best practices.

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Salient Features of Our Patent Preparation and Drafting Services

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At Khurana & Khurana, we offer highly specialized and tailored patent drafting services that align with global patent office standards. Our services include:

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• Preparation of complete and provisional specifications, ensuring compliance with major patent offices, including the USPTO, EPO, JPO, PCT, and the Indian Patent Office.

• Conducting detailed disclosure meetings (in-person, via video, or telephonically) with inventors and legal teams to ensure all aspects of the invention are accurately captured.

• Rigorous proofreading and quality assurance to ensure each patent application is flawless and ready for submission.

 

Our patent experts include technologists with advanced degrees and extensive experience across various technology domains, including, but not limited to, chemical, biotechnology, pharmaceuticals, electronics, electrical, software and mechanical engineering. Our dedicated team of professionals have a proven track record of delivering exceptional patent-related solutions for leading global IP Law firms, well-known Fortune 500 companies, corporates, start-ups, government entities, PSUs, universities, research institutions, acclaimed inventors, individual practitioners, and other enterprises.

 

Managing over 25,000+ patent applications annually, K&K has become one of India’s top-ranked PCT filing law firms and has been recommended by Managing IP for its exceptional patent services. We take pride in empowering enterprises, entities, inventors and academic institutions by offering end-to-end IP and patent services, including:

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• Portfolio Creation & Strategic Management

• Patent Enforcement & Litigation Support

• Monetization & Licensing Services

 

Why Choose Khurana and Khurana?

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• Expertise in handling complex patents across industries.

• International filing capabilities with a strong global network of attorneys.

• Customized, high-quality drafting to maximize protection and commercial viability.

• Unparalleled confidentiality and legal compliance.

 

Whether you are seeking to protect a new invention, strengthen your patent portfolio, or expand internationally, our expert team ensures a seamless, strategic, and highly effective patenting process.​

 

Patent Filing

 

Filing Patent Applications: Domestic and International

A patent is territorial, meaning its protection is limited to the country where it is granted. To secure rights in multiple jurisdictions, applicants must file separate applications in each country where they intend to seek protection.

 

At Khurana & Khurana, we streamline the patent filing process for both Indian and international clients— be they corporations, individual inventors, or law firms. Our comprehensive services cover both, domestic filings in India and international filings under the Paris Convention and the PCT route, ensuring that innovators can safeguard their inventions worldwide.

 

1. Patent Filing in India (Domestic Filing)

For applicants seeking protection in India, we handle filings before the four designated Indian Patent Offices: Delhi, Mumbai, Chennai, and Kolkata. The types of filings include:

• Ordinary Application: The initial application for an invention, complete with full specifications and claims.

• PCT National Phase Application in India: The transition of a PCT application into the Indian phase, which must be filed within 31 months of the priority date.

An Indian patent provides protection only within India. For securing rights beyond India, applicants must file separately in other jurisdictions through either the Paris Convention or the PCT route.

 

1. International Patent Filing – Extending Protection across Multiple Jurisdictions

For applicants seeking protection beyond a single country, there are two primary routes for international filings:

• Paris Convention Route (Convention Application)

The Paris Convention allows applicants to file in any of the 180 member countries within 12 months of their first filing while retaining the same priority date. Each country examines the application separately based on its own patent laws.

 

This route is suitable for those who already know where they need protection and are prepared to file directly in their target countries. Since patents are territorial, filing under the Paris Convention does not provide simultaneous protection in all countries; instead, applicants must choose specific jurisdictions where they wish to seek patent protection.

 

• Patent Cooperation Treaty (PCT) Route

The PCT system simplifies international patent filings by allowing applicants to submit a single international application rather than filing directly in multiple countries at once. This application reserves rights in 158 PCT member countries for up to 30/31 months from the priority date. However, the PCT does not grant a global patent—applicants must eventually enter the national phase in each country where protection is sought.

 

A PCT International Application can be:

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• Filed within 12 months of the Indian priority date, allowing applicants to secure an international filing date while deferring national filings.

• Filed directly with a Foreign Filing License as per Section 39 of the Indian Patent Act, if the invention is not first filed in India.

 

This route is advantageous for those who want to keep their options open, defer costs, and assess market potential before committing to specific jurisdictions.

 

Choosing Between the Paris Convention and the PCT Route

The decision between the two routes depends on factors such as cost, timing, and strategic objectives. The Paris Convention route requires direct filings in each country within 12 months, leading to earlier examination and prosecution. The PCT route provides additional time to evaluate commercial potential and defer national phase costs for up to 30/31 months.

 

 

 

 

 

 

 

 

 

Why Choose Khurana & Khurana?

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With extensive experience in both domestic and international patent filings, we provide tailored solutions to help clients secure and manage their patent rights effectively. Our team is adept at drafting and filing PCT applications, Paris Convention applications, and assisting with global patent registration through WIPO. Our strong network of international partner patent attorneys enables us to manage national phase filings and Paris Convention applications in key jurisdictions—including the USA, EU, China, Japan, Korea, and beyond. This collaborative approach ensures cost-effective and efficient patent prosecution, with timely responses to office actions, thereby maintaining your patents at the highest standards worldwide.

 

Our team ensures a seamless and hassle-free filing process for corporations, individual inventors, and law firms, handling filings with efficiency, precision, and strict adherence to deadlines.

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Patent Prosecution: Protecting Your Rights

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Patent Prosecution is the process of interacting with the patent office—through negotiations, hearings, and written responses—to defend and secure an inventor’s rights. At K&K, we recognize and understand high-impact value of this process for our clients. We therefore undertake the preparation and analysis of responses to patent applications and patent office communications with utmost seriousness—engaging in detailed discussions with the examiner, strategizing to handle oppositions effectively, attending hearings before the Controller, among other things. Rest assured, we will be with you every step of the way!

 

The effective preparation of responses during the prosecution phase necessitates an in-depth analysis of the invention along with its prior art, taking into consideration the patentability criteria. The First Examination Report (FER) is issued ordinarily within 12 months of filing the Request for Examination, provided the patent application is published in the Indian Patent Journal.

 

At Khurana & Khurana, we specialize in:

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• Conducting technical analysis of cited prior arts

• Monitoring the Application status and staying abreast of latest developments during the prosecution process

• Analysing examination reports in depth

• Drafting clear and effective responses to examination reports

• Strategizing amendments and arguments to maximize the impact of the patent application

• Managing granted patent, in the event of oppositions

• Implementing effective opposition strategies

• Preventing the revocation of granted patents

• Drafting statements and compiling evidences for cases of voluntary cancellation

• Providing comprehensive patent support to build long-lasting client relationships

• Drafting comment and analysis letters

• Filing examination responses

• Representing clients at patent hearings and in discussions with examiners

• Drafting hearing written submissions

• Filing claim amendments and appeals against patent decisions

• Managing pre-grant oppositions

• Handling post-grant oppositions

• IDS Management for USPTO filings

 

At Khurana & Khurana, we are committed to guiding you through each critical phase of securing your patent, ensuring a seamless, strategic, and efficient process that transforms your innovations into valuable assets.

 

IDS Management

 

An Information Disclosure Statement (IDS) is a critical component of U.S. patent prosecution, requiring applicants to disclose all known prior art that may affect the patentability of their invention. Failure to submit a complete IDS can jeopardize the enforceability of a patent due to claims of inequitable conduct.

 

At Khurana & Khurana, we offer dedicated IDS Management services as part of our comprehensive patent prosecution support. Our team ensures that your IDS is meticulously prepared, filed on time, and fully compliant with USPTO regulations, helping you avoid costly pitfalls and maintain robust patent protection. We also facilitate seamless communication with international counsels and patent offices, ensuring that all material disclosures are efficiently managed.

 

A separate tab under Patent Prosecution Support. This tab when clicked, will show the below content.

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Patent Illustration & Drawing Services

 

Patent Illustration—also known as a patent drawing, diagram, figure, invention drawing, or patent image— is the art of translating any complex invention into a two-dimensional format to enhance better understanding of both, the examiner and the public, of the invention. Patent law mandates clear illustrations and drawings to support a patent application, as they enhance the comprehension and strengthen the disclosure. A well-drawn patent illustration not only aids in drafting but also facilitates smoother prosecution. It is often said that a patent illustration is as significant as its written description—if not more so— requiring the same level of knowledge, expertise, precision, and diligence to effectively convince the examiner of the invention and expedite the overall process.

 

Advantages of a Good Patent Illustration

 

It is commonly misunderstood that if an invention is not depicted in the drawings, it is not part of the patent application. In most cases—excluding those involving chemical compositions or compounds—the invention can be adequately captured in one or more figures, and examiners often requests a diagram that fully represents the invention.

 

Our illustrations are designed in a manner that even a casual observer can grasp the essence of the invention at a glance, demonstrating that visuals can communicate complex technical details more effectively than words. A skilled patent illustrator is indispensable for translating intricate technical details/data from diverse fields such as architecture, machinery, or biology (for example, the modification of a DNA strand) into clear, coherent images.

 

A high-quality patent illustration can rescue an application from disqualification if critical enabling details are overlooked during drafting. While photographs might be acceptable for design patents, we prefer line drawings for their ability to offer broader protection. Although inventors may wish to include every conceivable detail, excessive complexity can provoke objections or unnecessarily limit the scope of protection. Therefore, it is essential to have the drawings reviewed by patent attorneys and illustrators who understand both the technology and the regulatory requirements of respective patent offices.

 

Our Approach at Khurana & Khurana

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At Khurana & Khurana, we offer expert patent drawing and illustration services to IP professionals and inventors. Our team of experienced patent illustrators specializes in drawing clear, precise visuals across diverse technical fields— including chemistry, electrical and mechanical engineering, biotechnology, and medical sectors. We understand that a well-drafted illustration can make your invention instantly understandable to examiners and the public, proving a picture is truly worth a thousand words.

 

Leveraging our extensive expertise in global patent illustration requirements and stringent quality control processes, we ensure that your patent application is presented in a visually persuasive manner and meets the regulatory requirements of leading jurisdictions such as the IPO, USPTO, EPO, and other patent offices. Additionally, our meticulous review process identifies potential inconsistencies early, reducing the need for future rework and minimizing office actions, ultimately streamlining the patent process and saving you valuable time and resources.

 

By prioritizing precision and efficiency, Khurana & Khurana is committed to delivering exceptional value and help streamline the patent process, saving our clients valuable time and resources.

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Office Action Responses

 

A patent is not granted merely by filing an application. Even when an invention meets the criteria of patentability—novelty, non-obviousness, inventive step, and industrial applicability—a rigorous examination process follows. Once a patent application is submitted, a patent examiner scrutinizes it for conflicting prior art and other deficiencies, including lack of novelty, insufficient disclosure, unclear claims, and non-compliance with patentability requirements. This evaluation is communicated through an “Office Action,” which details necessary modifications or corrections to the claims. In response, the applicant must address these issues through well-reasoned justifications or amendments to persuade the examiner to grant the patent.

 

Understanding Office Actions

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An Office Action is an official correspondence from the patent office that outlines the examiner’s findings regarding the application. This communication may include a First Examination Report (FER) or other office actions that specify required changes, corrections, or, in some cases, a rejection of the application based on prior art or non-compliance with legal standards. For example, under Indian Patent Practice, a FER is issued upon submission of a request for examination, with strict deadlines—such as the six-month period per Rule 24B(ii)(5) of the Patent Rules, 2003) —for response.

 

Our Approach at Khurana & Khurana

 

At Khurana & Khurana, we assist clients in drafting precise and persuasive Office Action Responses. Our approach begins with a detailed technical analysis where we systematically review every objection raised by the examiner. We then develop a strategic response that addresses each point in a logical sequence—often using claim charts to compare aspects of the application with cited prior art. Our goal is to ensure that the final allowed claim set is comprehensive and not unduly narrow, while also ensuring that any unclaimed subject matter is highlighted for further consideration.

 

Our experienced team of techno-legal professionals collaborate closely with inventors and in-house counsels.

1. For clients who wish to draft responses independently, we offer technical review services, providing expert recommendations based on our in-depth understanding of patent law and the underlying technology.

2. For clients who prefer not to draft responses themselves, our patent attorneys can prepare comprehensive, ready-to-file responses, or responses ready to be reviewed by external counsel.

 

Additionally, we leverage our global network of partner attorneys to facilitate the filing of responses across various jurisdictions.

 

Our Services

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• Drafting clear, precise responses to examiner objections for multiple jurisdictions.

• Conducting thorough technical analyses and preparing claim charts against cited prior art.

• Negotiating claim scope with examiner.

• Reviewing and advising on unclaimed subject matter to ensure comprehensive protection.

• Providing technical review services for in-house preparation of Office Action Responses.

• Facilitating patent filing, prosecution, and registration services in India and internationally (e.g., the USA, the EU, and Japan).

 

With our robust expertise and global network, Khurana & Khurana ensures that your patent applications receive timely support—streamlining prosecution, reducing office actions, and securing appropriate rights for your inventions under relevant patent law.

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