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Patent Enforcement Analysis: Safeguarding Your Innovation with Strategic Enforcement

A patent earns its value when its owner can show that someone is using the invention without permission. Before sending a notice, offering a licence or filing suit, the owner needs answers to three questions. Who is infringing? How strong is the evidence? How strong is the patent itself? Patent Enforcement Analysis answers them, giving you a clear basis for choosing between a cease-and-desist notice, a licensing negotiation and litigation.


What We Offer

  • Claim scope analysis to define exactly what each patent covers

  • Identification of potential infringers through market, product and competitor research

  • Evidence gathering from product literature, technical documentation, teardown reports and reverse engineering

  • Claim charts comparing patent claims with each suspected infringing product

  • Validity and enforceability review of the patent to be asserted

  • Recommendations on the best enforcement route, jurisdiction and timing

  • Ongoing monitoring of competitor products for new infringement


Our Approach

  1. Define the claims. We analyse the patent's claims and prosecution history to establish the scope that can realistically be enforced.

  2. Find the products. We research the market, competitor launches and industry reports to identify products and processes that may fall within the claims.

  3. Build the evidence. We collect technical and commercial evidence and set it out in claim charts against each target.

  4. Test the patent. We assess the patent's own validity, so you are not surprised by an invalidity counter-attack.

  5. Recommend the route. We advise whether to pursue a notice, a licence or litigation, and in which jurisdiction.


Why Khurana & Khurana

  • Sector knowledge. Our team has worked on enforcement in semiconductors, AI, telecommunications, pharmaceuticals and mechanical technologies.

  • Analysis and litigation in one firm. The analysis can feed directly into notices, licensing negotiations and court proceedings handled by our IP litigation team.

  • Early detection. AI-assisted search tools and global databases help identify infringement early, when remedies are most effective.

 

Think someone is using your patented invention?

Share the patent and the product you suspect at info@khuranaandkhurana.com. We will assess the evidence and the strength of your patent before you act.

Efficient and Reliable Patent Filing Services

Khurana & Khurana (K&K) delivers fast, efficient patent filing services for Indian and international clients, including corporates, inventors, and law firms. Known for swift filings and thorough reporting, K&K ensures deadlines are closely monitored and managed, providing clients with secure, timely filings worldwide.

TYPES OF PATENT APPLICATIONS
AT THE INDIAN PATENT OFFICE

Ordinary Application

First-time filing without priority claims; may include complete or provisional specifications.

Convention Application

Claims priority from applications filed in Paris Convention countries; must be filed within 12 months.

PCT International Application

Filed under the Patent Cooperation Treaty, either within 12 months of Indian filing or with a Foreign Filing License.

PCT National Phase Application

Enters the Indian National Phase within 31 months of priority or international filing date.

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FILING REQUIREMENTS

  1  

Applicant & Inventor Info​

Full name, address, and nationality.

  2  

Complete Specification

Submit spec, claims, abstract, and drawings in English.

  3  

Priority Document Translation

Verified English version; can be filed later.

  4  

Power of Attorney​

Original signed document; can be submitted post-filing.

  5  

Proof of Right

Transfer of rights from inventor to applicant

(Form 1 or notarized deed); due within six months.

  6  

Required Forms

Applicable forms provided to clients for signature.

  7  

Foreign Application Details

Form 3 for corresponding foreign patents, due within six months; notify of any status changes within six months.

IMPORTANT DEADLINES FOR INDIAN PATENT FILING

Request for Examination

Must be filed within 48 months of the earliest date (Priority or Filing Date). Examination occurs after publication, typically within 19 months of the earliest date.

Form 3 Filing

Required within six months of any action (filing, publication, or examination) on corresponding applications in other countries.

Working of Invention Statement (Form 27)

Must be filed annually by patentees and licensees within three months after the end of each calendar year, detailing commercial use in India.

PATENT PROSECUTION OVERVIEW

Patent prosecution involves the interaction between an applicant and the patent office to defend the inventor's rights through negotiation, making it a high-impact process. K&K recognizes the value of patents and offers comprehensive support throughout this process, including:

Response Preparation

Analyzing the invention and prior arts to meet patentability criteria.

Examiner Discussions

Engaging in detailed conversations with patent examiners.

Hearing Strategy

Developing effective strategies for hearings before the Controller.

The First Examination Report (FER) is typically issued within 12 months of filing the Request for Examination, contingent upon the application being published in the Indian Patent Journal.

COMPREHENSIVE PATENT PROSECUTION SERVICES

Prior Art Analysis

Technical evaluation of cited prior arts.

Application Status Tracking

Regular updates and monitoring of developments.

Examination Report Review

Detailed analysis for strong response strategies.

Response Drafting

Crafting effective replies to examination reports.

Amendment Strategy

Strategic modifications to enhance patent application.

Opposition Handling

Managing and defending opposed patents.

Revocation Prevention

Protecting the granted patent from cancellation.

Comprehensive Patent Support

Full guidance through all prosecution stages.

PRACTICE CONTACTS

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Partner and Patent Attorney – Software / Electronics / Mechanical Group

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Tapan Shah

Partner and Patent Attorney – Pharmaceutical – Life Sciences Practice Group

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Rajesh Jain

Director – Patents

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Antony David

Associate Director – Pharmaceutical – Life Sciences Practice Group

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Dhakshina Moorthy C

Associate Director – Pharmaceutical – Life Sciences Practice Group)

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TS Sharat

Partner – Software/Electronics/Mechanical Group

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