A patent is an exclusive legal right granted to an inventor or assignee for a new invention that is novel, involves an inventive step, and is capable of industrial application. Patents empower the holder to prevent others from making, using, selling, offering for sale, or importing the invention for a limited period under law. They encourage innovation, protect intellectual effort, and foster technological progress globally while ensuring eventual public access once the patent expires.

At Y&S Legal, we provide comprehensive global application legal services for individuals, startups, research institutions, and multinational companies. Our team guides clients through every stage of the patent lifecycle, from initial assessment to international filing, prosecution, enforcement, and post-grant compliance.

Patents are governed internationally through national laws and treaties. The most prominent international frameworks include:

• WIPO (World Intellectual Property Organization) – promotes global IP protection and manages international treaties.

• PCT (Patent Cooperation Treaty) – allows inventors to seek protection in multiple countries through a single international application.

• Regional Offices like EPO , USPTO and other national IP offices.

Application protection encourages inventors to disclose their inventions to the public while granting exclusive rights to commercialize or license the invention. Globally, terms are generally 20 years from the filing date, subject to fees and regulatory compliance

For an invention to qualify for application protection internationally, it must generally satisfy the following criteria:

• Novelty: The invention must be new and not previously disclosed anywhere in the world.

• Inventive Step / Non-Obviousness: It must involve an inventive step that is not obvious to a person skilled in the field.

• Industrial Applicability: The invention must be capable of being made or used in some kind of industry.

• Patentable Subject Matter: Each jurisdiction may define what is patentable; most countries exclude abstract ideas, scientific theories, and purely aesthetic creations.

At Y&S Legal, we provide thorough patentability assessments and strategic advice for global filing to maximize protection and minimize legal risks.

Non-Patentable Subject Matter

Certain inventions are excluded from patent protection under Sections 3 and 4 of the Indian Patents Act. These include, but are not limited to:

• Frivolous inventions or those contrary to natural laws

• Inventions harmful to public order, morality, or the environment

• Discoveries of scientific principles, abstract theories, or naturally occurring substances

• Mere new uses of known substances or combinations without improved efficacy

• Methods of agriculture, medical treatments, or surgical processes for humans or animals

• Computer programs per se, business methods, or mathematical methods

• Aesthetic creations such as literary or artistic works

• Traditional knowledge or inventions relating to atomic energy

Understanding these exclusions is essential to avoid objections and ensure a smooth patent application process.

A patent application may be filed by:

• The true and first inventor, either individually or jointly

• An assignee of the inventor

• A legal representative of a deceased inventor or assignee

Y&S Legal assists clients in determining rightful ownership and preparing appropriate documentation to avoid disputes at later stages.

Depending on the nature of the invention and strategic objectives, applicants can file:

• Ordinary applications

• Convention applications

• PCT International Phase applications

• PCT National Phase applications

• Patent of Addition applications

• Divisional applications

Choosing the correct filing route is critical for securing global or national protection efficiently.

The filing process requires preparation and submission of specific documents, such as:

• Provisional or complete specification

• Proof of right or assignment

• Power of Attorney

• Priority documents, where applicable

Certain documents may be filed at a later stage within prescribed timelines

The typical global process involves:

1. Filing: Submit the application in your chosen jurisdiction(s)
2. Publication: Most offices publish applications after 18 months
3. Examination: Offices review patentability, novelty, and compliance
4. Grant / Opposition: The application is granted if all requirements are met; some jurisdictions allow third-party opposition
5. Post-Grant Maintenance: Payment of annual fees and compliance with local laws is required to keep the patent in force

Our team manages the process efficiently, including international filings, to ensure timely prosecution and legal compliance.

Protection granted under Indian law remains valid for twenty years from the filing date, subject to payment of annual renewal fees. Failure to pay renewal fees results in lapse of rights. In certain circumstances, restoration may be sought by demonstrating that the lapse was unintentional and by complying with statutory requirements.

Y&S Legal offers end-to-end legal support, including:

• Assessment of protectability and legal opinion

• Drafting and filing of applications

• Prosecution and response to examination reports

• International filing strategy and national phase entry

• Renewal, maintenance, and compliance management

• Advisory on licensing, assignment, and enforcement

Our approach combines legal accuracy, technical understanding, and strategic planning to ensure effective protection of intellectual assets.