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Patent Preparation and Drafting

The patent specification is the document every examiner, licensee and court will read. A well-drafted application moves through examination with fewer objections and is hard to design around. A poorly drafted one invites delays, costly amendments, narrow claims and weak enforceability. However strong the technology, a patent loses value if its disclosure cannot be reproduced, if it leaves out important embodiments, or if its claims are narrower than the specification supports. We draft applications that capture the full scope of the invention and hold up in prosecution, licensing and litigation.


What We Offer

  • Provisional specifications to secure an early priority date while the invention is still being developed. The complete specification must follow within 12 months, or the application is treated as abandoned.

  • Complete specifications with title, field, background, summary, detailed description, claims, abstract and drawings.

  • Drafting to the standards of each office, including the Indian Patent Office, USPTO, EPO, JPO and PCT.

  • Pre-drafting state-of-the-art and novelty searches, to shape the claims around existing prior art.

  • Review and redrafting of applications prepared by in-house teams or other counsel.


Our Approach

  1. Search first. Where appropriate, we run state-of-the-art and novelty searches before drafting, so the claims are positioned against what already exists.

  2. Disclosure meeting. We meet inventors and legal teams in person, by video or by phone to understand the invention, its variations and its commercial use.

  3. Claims built in layers. Independent claims are drafted as broadly as the prior art allows. Dependent claims provide fallback positions. All claims are fully supported by the description.

  4. Objections anticipated. We address foreseeable objections in the specification itself, including the exclusions in Section 3 of the Patents Act for software, business methods and new forms of known substances.

  5. Multi-tier review. Every draft goes through technical review, legal review and proofreading before it is shared for filing.


Why Khurana & Khurana

  • Drafters who understand the science. Our drafters hold advanced degrees in chemistry, biotechnology, pharmaceuticals, electronics, electrical engineering, software and mechanical engineering.

  • Drafted with enforcement in mind. Our firm also prepares claim charts and enforcement analyses, so we draft claims with an eye on how they will be read against an infringing product.

  • Trusted by other firms. We prepare applications for leading global IP law firms as well as corporations, universities and individual inventors, under strict confidentiality.


Ready to protect your invention?

Send us a short description of your invention at info@khuranaandkhurana.com. We will advise whether to file a provisional or a complete specification first.


Download Pdfs for more information

Key Elements of a Patent Application

Patent Specification

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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