IP HUB / SERVICE
Patent Filing & Prosecution in India and the US
From patent search and drafting to examination and grant, we guide your invention through every step in both markets.
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Patent filing is the process of applying to a patent office for exclusive rights to a new invention. LYI supports inventors, startups and companies with patent search, drafting, filing, examination replies and prosecution through to grant, in India and the United States.
Who is this for?
- 01Inventors and founders with a new product, process or technology
- 02Startups and SMEs that want to protect core technology before launch
- 03Researchers, colleges and universities with patentable research
- 04Indian companies planning to enter the US market, and US companies entering India
A CLOSER LOOK
What is Patent Filing & Prosecution?
A patent can stop others from making, using or selling your invention for up to 20 years. But a weak application, a missed deadline or a poorly argued response to the examiner can cost you that protection. We manage the whole journey. We check whether your idea is likely to qualify, draft the application clearly, file it in the right office, and handle the back-and-forth with the examiner until the patent is granted or a sensible decision is made.
What we do
- 01Patentability search: We search existing patents and publications to judge novelty before you spend on filing.
- 02Patent drafting: Clear specifications and claims that describe your invention and give broad, defensible protection.
- 03Filing in India and the US: Provisional and complete applications, plus PCT filings for wider coverage.
- 04Examination and prosecution: Replies to examination reports, office actions, hearings and amendments.
- 05Grant and maintenance: Follow-through to grant, plus renewal and annuity reminders.
- 06Software and AI inventions: Careful drafting of computer-implemented and AI inventions, which both countries examine closely.
THE PROCESS
How it works
Discuss. We understand your invention and your business goals.
Search. We run a patentability search and share a clear view of the chances.
Draft and file. We prepare the application and file it with the right patent office.
Prosecute. We respond to examiners until the patent is granted.
COUNTRY GUIDE
India and US at a glance
| Topic | India | United States |
|---|---|---|
| Patent office | Indian Patent Office | US Patent and Trademark Office (USPTO) |
| Who gets the patent | First to file | First inventor to file |
| Early filing option | Provisional specification, followed by a complete specification, usually within 12 months | Provisional application, followed by a non-provisional, within 12 months |
| Examination | Starts only after you file a request for examination | Starts in turn, with an optional paid prioritised route (Track One) |
| Typical term | 20 years from filing | 20 years from the earliest non-provisional filing |
| Software and AI | 'Computer programme per se' is not patentable; technical effect matters | Abstract ideas are not patentable; technical improvement matters |
Rules and fees can change. Confirm the current position for your situation before filing.
Example use cases
- 01A startup files a provisional application before showing its prototype to investors
- 02A manufacturer protects a new process in India and then extends to the US
- 03A university files patents from a funded research project
- 04An AI company drafts claims for a new model training method
Why choose LYI for Patent Filing & Prosecution
- 01India and US under one plan: One team coordinates both filings, deadlines and strategy.
- 02Plain-language guidance: You understand the options, costs and timelines before you decide.
- 03Strategy, not just paperwork: We link each filing to your business and commercial goals.
COMMON QUESTIONS
Frequently asked questions
What is a patent?
A patent is a legal right, granted by a government, that stops others from making, using or selling your invention without permission, usually for up to 20 years from filing.
When should I file a patent?
As early as your invention can be clearly described and before any public disclosure, sale or publication. Early filing secures your priority date. A provisional application is a common first step.
How long does it take to get a patent in India and the US?
Timelines vary by technology and office, and grant often takes several years in both countries. In India you must request examination, and expedited routes exist for some applicants such as startups. In the US, a prioritised route called Track One can speed things up.
Can I file in the US if I live in India?
Yes. Inventors from any country can apply to the USPTO. US filings are prosecuted through US-registered patent practitioners, and Indian residents generally need permission from the Indian Patent Office before filing abroad first. We guide you through both.
Can software or AI inventions be patented?
Sometimes. In India, a computer programme alone is excluded, but inventions showing a technical effect may qualify. In the US, claims must show a practical technical improvement. Careful drafting is essential and we advise case by case.
How much does a patent cost?
Cost depends on complexity, the number of countries and the stage reached. After a short consultation we give a clear, itemised estimate with no hidden charges.
NEXT STEP
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Book a Free Patent ConsultationThe information on this website is general in nature and is not legal advice. Please speak to an IP professional about your specific situation.
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