428+ Lawyers are online 
Process to file patent for intellectual property
In Trademark & Copyright Law
We're a software technology startup and are looking to file Patents in same space. I'm looking understand the patent filing process for India + US., and how we can quickly move ahead with the application. We'd like to understand the essential details of the process so as to be able to quickly move forward on with the application process.
Answers (1)
You mentioned you are in to Software Technology Business. So is the product that you want to patent is related to some Software Development Project ? If yes, then a software cannot be patented, unless, such Software is all together a New Technology. When i say technology, it simply do not mean making some kind of innovative software or program, but New Technology would means, all together a new invention in the filed of software technology.
In India Software Patenting has never been done, because India is very strict about novelty and patentability as compared to US. In US, earlier lot of software patent were granted by USPTO, but pursuant to the Judgment of US Supreme Court in case of Alice Corporation, USPTO no longer granted Software Patents.
So first of all we need to analyse what your product is and how novel and industrial use reflects, based on that i can advise you whether such can be patented and if yes, then the time limit.
Second Thing. if you are a new start up, perhaps you may need Trademark of your Company Name / Brand. if yes, then it is very easy and can be done in India and US Both. I can assist you with that.
However, please clarify the aforesaid aspect, so we advise you accordingly.
Feel free to contact should you have questions.
Vivek N Mapara
Attorney - At - Law
Advocate Vivek Mapara
4.5| 10+ user ratings
Suramya Complex,
Ahmedabad
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.
Popular Trademark & Copyright Lawyers
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Trademark & Copyright Lawyers at lawrato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail.
Comments by Users
No Comments! Be the first one to comment.
Related Questions
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."