Process to file patent for intellectual property

22-Apr-2023 (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)

Answer #1
729 votes

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

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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