YOU HAVE A PATENT WHAT NEXT?

Getting a patent granted is not an end in itself but most patentees do not realize that

- J L Anil Kumar

What does a patentee do once a patent has been granted? Often this question is neither asked nor answered by most firsttime patentees. The focus is on getting the patent, and in the case of startups, getting on with the business. But one should be aware that getting a patent granted is not an end in itself. Some startups want to have a patent in their name as a means of attracting investors and increase the valuation of the company, for example. So, this article provides an awareness of the requirements from a patentee and what else can be done once a patent has been obtained.

FORM 27

This is a short cut among Indian patent professionals for “Statement of Working of Patents in India”. The Indian Patents Act requires every patentee to file a statement about the effort a patentee has made to “reduce the patent to practice”. For many startups it is an easy task. You may get more information about it here.

MAINTENANCE FEES

Once the patent has been granted, the patentee is required to periodically pay a fee to the patent office to keep the patent in force. If this is not done in time, the patent is said to lapse. The patent act and rules allow a patentee to revive a lapsed patent by paying a fee but also sufficient reasons to show that the non-payment was an oversight and was due to unavoidable circumstances. But one should not take recourse to this since there is always a possibility that the controller is not convinced that the reasons provided are genuine or that the circumstances were unavoidable.

DEFEND A PATENT AGAINST POST GRANT OPPOSITION