Your Strategic
IP Partner

Your Strategy First®

Our Purpose

The world judges us based on what they can see and touch. However, at Metayage, we believe in the true value and power of Intangible assets. The entrepreneurial journey of an innovative startup founder can be extremely challenging, especially when very few believe in your inventive ideas, and most people tell you that your ideas are worthless. At Metayage, we act as a friend, well-wisher, mentor, and a strategic IP partner to nurture your idea and protect it by getting you patents that certify that your invention is unique and inventive, and give you exclusivity. We partner with you at each stage of your journey, right from idea, prototyping and launch, fundraising, scaling up to exit.

Our Services


Metayage acts as an extended in-house IP department and also doubles up as an external IP firm

Our services encompass the entire IP life cycle right from IP Identification to Monetization

International Patent Protection

We get speedy patent grants in all major markets around the world seamlessly.

IP Due Diligence

We provide clarity on patent portfolio quality, and identify red flags and provide recommendations on reducing risks due to infringement of third-party IP rights.

Patent Intelligence

We provide actionable intelligence based on patent data for Competitive Intelligence, Freedom to Operate, and Invalidating patents of competitors.

International Trademark Protection

We enhance your brand value by registering your valuable brand names, logos, and product names as trademarks in key markets.

International Design Protection

We give you an edge over your competitors by protecting your product's unique aesthetic features in major markets worldwide.

Strategic IP Partner

We act as your extended IP department and conduct IP Audits, prepare patent intelligence reports and update your IP Strategy periodically.

Why Metayage

IntellectualProperty.

Case Studies

PI Ventures

Conducted patent due diligence on Freedom to Operate and Patentability prior to Venture Capital Investment in deep tech startup.

Saankhya Labs

Prosecuted and conducted patent valuation that includes 25 granted US patents, and patents in India, Europe, Japan, and South Korea.

Niramai

International patent portfolio in the US, EPO, India, Japan, Canada, China etc. 9 US patents granted.

Numerify

17 US patents granted, related to AI driven data warehousing and analytics for Business Intelligence.

Kernel LABS

Acted as an in-house patent counsel for their portfolio companies such as Omnivor and Trusted Key (acquired by Workday, Inc).

What Our Clients Say About Metayage

Frequently Asked
Questions

Patents have an impact on the R & D, Finance, Marketing, HR and Legal departments of a company. For R&D, it protects their investment and maximizes ROI. For Finance, it increases the valuation, generates royalties and increases profits. For Marketing, it strengthens the branding, differentiation, and competitive advantage. For HR, it enables a culture of innovation, and helps to retain top technical talent. For Legal, it mitigates IP infringement risks and secures the company's valuable assets.

Since patents are territorial/country-specific, the selection of countries/jurisdictions to apply for a patent should be based on which countries are major markets, and which countries the product is likely to be made or used in. Other considerations include, the country of incorporation, likelihood of success in securing patents, ability to enforce successfully, timelines, and costs.

An IP Strategy is a systematic roadmap to align a company's business goals with Intellectual Property related initiatives. The IP strategy depends on what stage the company is in, its short and long term goals, its competitive position within the industry, etc. IP initiatives such as IP Audits. Patent intelligence, Freedom to Operate, IP protection, IPR enforcement, IP licensing and IP valuation are conducted at different stages depending on the company's IP Strategy.

The extent and scope of disclosure in a patent application should be sufficient to successfully obtain patent protection while also preserving key trade secrets to the extent possible. To obtain a patent grant, a patent application must satisfy novelty, non-obviousness, subject matter eligibility requirements, and enablement. For enablement, every element of every patent claim should be described in sufficient detail to enable a person of average skill in the technical field that the invention relates to, to make and use the invention without undue experimentation.

Especially before launching a product in new markets, but preferably even during the R&D stage, conduct a Freedom To Operate (FTO) search in those countries where you intend to launch your product. This helps to identify patents owned by third parties that your product might potentially infringe. Once these patents are identified, analyze the claims of these patents based on the specification to determine their scope of coverage. Then you can reverse engineer your product to avoid infringement, or even look at opposing or invalidating third party patents that pose a significant threat to your business.

Typically the relationship with an IP firm starts fairly early in the journey, during R&D and product development. At this stage, your company will typically not have an in-house IP department or even an in-house IP counsel. Hence, the right guidance on an IP strategy that aligns your company's requirements with IP initiatives is crucial. Transparency and clarity in communication will help you make informed decisions. Expertise and track record in successfully obtaining IP protection is another key metric to consider. Last but not least, expertise in multiple jurisdictions is critical if you want to build an international patent portfolio

Latest Blog & Articles

View All Blogs

04/Aug/2022

5 lies you’ve been telling yourself to delay patent protection

I am too busy – The truth is that if it is important and valuable enough everyone finds time for it.

24/Jan/2021

What are the patent trends in China as compared with India?

Over the past decade, the volume of patent filing in China has seen a dramatic rise.

01/Apr/2023

What are the challenges in obtaining patent protection for software-related inventions?

Software inventions are increasingly important today because they enable automation, speed, connectivity, innovation, and effective data management. Businesses who innovate using software gain competitive advantage

Metayage
10 steps to get a patent in India | Metayage

10 steps to get a patent in India

 

Congratulations on your new invention! You may have done your homework on how patents can be valuable, and you may have decided to apply for a patent in India since it is a relevant and large market for you. The next question that comes to mind is, “what do you have to do to not only apply for an Indian patent but get it granted?” The process of getting a patent granted involves many steps, and is cumulatively referred to as “patent prosecution”. There are specially qualified professionals called patent agents who specialize in patent prosecution, and they can take you through the steps, however before you engage your patent agent, it is also important for you to be aware of what you are getting into. Hence, without further ado, we list the 10  steps involved in applying for and getting an Indian patent here.  

 

The steps to getting and maintaining an Indian patent are:

  1. Disclosure of Invention
  2. Patentability analysis
  3. Patent filing strategy
  4. Drafting Patent Application
  5. Filing the application
  6. Publication
  7. Examination
  8. Hearing
  9. Grant
  10. Renewal

     

 

Step 1: Disclosure of Invention.

 

If you engage a Patent Agent to help you to prepare and file your patent application, you will have to disclose your invention. Prior to this, you should execute a Non-disclosure agreement (NDA) with the patent professional, to safeguard confidentiality. When disclosing details about your invention, provide all information that will help your patent agent understand your invention. You can provide rough sketches or drawings like a block diagram for a system or a flowchart for a method that will help explain your invention better. 

For a step-by-step guide on how to fill the Invention form, click this link – 10 questions in an invention disclosure form – Metayage

 

Step 2: Patentability analysis. 

 

First, the invention disclosure has to be evaluated for subject matter eligibility. If these criteria are met, the next step is to check if the invention is novel and has an inventive step. For this, a search has to be performed to find prior art, which includes published patents and patent applications, publications, and products that are being sold in public. The patent search results can be used to differentiate your invention from the prior art and highlight the differences in the patent draft to strengthen the patent application. Anyone can do a basic keyword search online, but it takes expertise to find relevant prior art that affects novelty and non-obviousness. At Metayage IP, we simulate the process followed by a patent examiner in conducting a search for prior art. We not only advise our clients on patentability, but help you to differentiate your invention over the prior art. This results in preparing a high-quality patent application with an improved chance of a patent grant. 

 

Step 3: Patent filing strategy 

 

Once you have an invention disclosure and a prior art search report, a skilled patent agent can advise you on patentability as well as on the type of patent application to file. This should take into account the level of detail provided in the disclosure, the extent to which patentability criteria are met, timelines for commercial activity, and budgeting. You can either file a Provisional or a Complete application. A provisional patent filing is particularly helpful if the invention is still under the concept or experimentation stage. Filing a provisional specification helps in establishing a priority date at the earliest. The applicant gets up to 12 months to develop the invention further and then file the complete specification. 

 

Step 4: Drafting the patent application 

 

This is a crucial step that is best done by Patent professionals. Drafting a patent requires not only legal expertise but also technical know-how. A good patent draft will help in not only getting a patent grant but making it challenging if not impossible for competitors to reverse engineer your invention and circumvent your patent.

 

Step 5: Filing 

 

Upon completion and review of the patent draft and approval from the inventors, the patent application will be filed with the Indian patent office. Along with the patent draft, you have to file a proof of right that is signed by the inventors and a power of attorney that authorizes the patent agent to represent the applicant. The filing is done electronically with the e-filing portal of the patent office and digitally signed by the patent agent using an e-token. 

 

Step 6: Publication

 

Once the patent application is filed, the next step is publication. Typically, the patent office will take 18 months to publish the patent application, but this time period can be shortened to just one month by filing a request for early publication. This is important because the patent application is placed in a queue for examination only after it is published, and a request for examination is filed. Once queued, it can take 2-3 years for the patent office to issue a first examination. However, if instead, a request for expedited examination is filed, the first examination report is received within 6-8 months.

 

Step 7: Examination

 

The patent office will then conduct a search and issue objections on the basis of novelty, inventive step, and subject matter considerations under the Indian patents act. A response to the first examination report has to be prepared and submitted at the earliest, to address and overcome the objections raised. 

 

Step 8: Hearing with Examiner

 

After reviewing the response to the first examination report, the Controller of patents will typically send a hearing notice. This gives the applicant the opportunity to explain the invention, the differences from Prior art, and overcome the objections. A written response has to be filed within 2 weeks of the hearing. 

 

Step 9: Grant of Patent

 

If the patent application satisfies the patentability criteria a patent will be granted and notified in the Patent Office journal. 

 

Step 10: Renewal of Patent

 

The Granted patent will be valid for 20 years.  The patentee is required to maintain a patent by paying a renewal fee every year as prescribed in schedule I. For the first two years, there is no renewal fee. The renewal fee is payable from the 3rd year onwards. Non-payment of the renewal fee will result in a lapse of the patent rights. 

 

We, at Metayage IP, appreciate the value that a granted patent can add to your venture. We have supported hundreds of brilliant innovators and start-ups and seen them grow in leaps and bounds after creating a portfolio of granted patents, which are valuable intangible assets for them. If you wish to get on board this journey of converting your unique idea into a valuable intangible asset, please drop us an email at ip@myipstrategy.com 

 

Metayage