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
Decoding the Ferid Allani case: Learnings for Tech Companies on Software Patenting in India. | Metayage

Decoding the Ferid Allani case – Learnings for Tech Companies on Software Patenting in India.

 

How his persistence led to clarity on patenting software in India. A must read for Tech Startups on Software Patenting in India

 

Navigating the software patenting landscape in India? The journey of entrepreneur Ferid Allani offers crucial insights for startups and tech innovators.

Ferid Allani, a French man originally from Tunisia, aimed to simplify internet usage for those who are not tech-savvy.. He came up with a way for regular people to use the internet in places like public booths, private spaces, and offices. He applied for a software patent application on this idea on December 30, 1999. Pursuing global recognition, he also applied internationally on December 29, 2000. He tried to get his patent in many countries, including the US, European Patent Office (EPO) countries, Japan, and India. Notably, he encountered challenges in the patenting process within the EPO and India, contrasting his successes in the US and Japan.

 

Upon India’s patent office denial, Allani remained undeterred.His first appeal was to the Intellectual Property Appellate Board ( IPAB), which also resulted in rejection. So, he took his case to the Delhi High Court.

 

In December 12, 2019, the Delhi High Court ruled, asserting that the IPAB’s prior denial was erroneous and instructed the Patent Office to reevaluate. However, the Patent Office reiterated their refusal on February 7, 2020. Persevering, Allani appealed this at the Intellectual Property Appellate Board (IPAB). Their verdict on July 20, 2020, was in Allani’s favor, emphasizing the novelty of the internet in 1999. 

 

The IPAB made a pivotal declaration: the solution Allani proposed was transformative for the 1999 internet landscape. The mere inclusion of a computer program doesn’t negate patent eligibility. Their assessment recognized that while the invention’s organizational aspect relates to programming, it extends beyond just that. Drawing from the Delhi High Court’s 2019 stance, the IPAB confirmed that a partial reliance on a computer program doesn’t preclude patenting. Comprehensive examination of the invention, its technical operations, and its contributions is paramount. Thus, overruling the February 7, 2020, decision, the IPAB endorsed Allani’s patent application.

 

Mr Allani’s persistence paved the way for innovators to get patents for software related inventions in India. The Delhi high court’s decision was significant because it cleared up a lot of ambiguity related to the interpretation of section 3(k) of the Indian patents act, which states that a computer program “per se” is not patentable. If an invention contributes to a technical field and produces a technical effect, it is patentable even if it uses software. Further, the decision gave several examples of technical effects such as higher speed, reduced hard-disk access time, more economical use of memory, more efficient database search strategy, improved user interface, etc. Hence, applicants can apply for patents for software inventions in India with even more certainty as compared to other jurisdictions, where “technical effect” doesn’t have a specific definition or clear examples. In summary, thanks to the Ferid Allani case, if there is evidence that a software related invention produces a technical effect, it is patentable in India if other criteria such as novelty, inventive step, and utility are met.  

 

 

Key Takeaways for Tech Startups and Founders: 

 

1. Patent Persistence Pays: Allani’s journey underscores the value of perseverance in the face of bureaucratic roadblocks. For startups, this case offers a playbook on navigating patent rejections and seeking rightful recognitions.

 

2. Technical Impact is King: The Delhi High Court’s decision illuminates Section 3(k) of the Indian patents act. Startups with software solutions should note: if your innovation brings tangible technical improvements, patenting in India is within reach.

 

3. A Win for the Indian Tech Ecosystem: With clearer guidelines on ‘technical effects’ and examples ranging from improved speed to enhanced UI, India has arguably made it more straightforward for tech startups to seek patents than many other regions.

 

4. A win for international Tech companies or founders eyeing the Indian market:  If your software-driven invention showcases evident technical benefits, and meets the fundamental patenting criteria, India’s doors are open.For any tech startups and founders eyeing the Indian market, the Ferid Allani case is a beacon. If your software-driven invention showcases evident technical benefits, and meets the fundamental patenting criteria, India’s doors are open. 

 

 

Key Takeaways for International Tech companies and Founders who consider India as one of their main markets: 

 

1. Persistence Matters: Despite initial rejections, Allani’s determination led to eventual success. Startups should be prepared for potential setbacks but remain persistent in their patenting pursuits.

 

2. Legal Channels Are Crucial: Utilize all available legal avenues, from the patent office to appellate boards, and even high courts, if necessary. Understanding the Indian legal framework for patenting can make a significant difference.

 

3. Technical Contribution is Key: The patenting body in India emphasizes the technical contribution of software-related inventions. Ensure that your software solution brings tangible technical advancements to be considered patent-worthy.

 

4. Stay Updated on Precedents: Legal decisions, like the Allani case, can greatly influence patenting criteria. Regularly update yourself on landmark rulings to better navigate the patent application process.

 

5. Software Can Be Patented: Contrary to misconceptions, software can be patented in India. However, it should demonstrate a technical effect or contribution beyond mere programming.

 

6. Clarity on ‘Technical Effect‘: The case offered clearer guidelines on what constitutes a ‘technical effect’, providing more certainty to applicants about what qualifies for a patent.

 

7. Global Recognition Matters: Having patent recognitions from other countries, as Allani had from the US and Japan, can potentially bolster your case in India.

 

8. Broaden the Perspective: Instead of narrowly focusing on the software aspect, consider the holistic functionality, usability, and technical operations of the invention, as these broader perspectives played a role in Allani’s success.

 

9. Be Proactive: In light of evolving patenting norms, proactively seek advice and consultation. Engage with local patent experts familiar with the Indian landscape to optimize your application strategy.

Metayage