About Us

Strategic IP Counsel for Global Markets

Founded in 2005, Aswal Associates has established itself as a leading intellectual property law firm in India's capital. Our practice spans the full spectrum of IP rights — from patent prosecution and trademark registration to complex IP litigation and cross-border licensing.

We serve clients ranging from individual inventors and startups to multinational corporations across diverse sectors including pharmaceuticals, biotechnology, information technology, telecommunications, and manufacturing. Our international reach extends through strategic partnerships with leading IP firms in South East Asia, ASEAN nations, the United States, and Europe.

Technical Excellence

Our team includes attorneys with advanced degrees in engineering, life sciences, and chemistry, enabling deep understanding of complex innovations.

Global Reach

Seamless IP protection across India, ASEAN (Singapore, Thailand, Vietnam, Indonesia, Malaysia, Philippines), USA, and Europe through our network.

Strategic Counsel

Beyond filings, we provide portfolio management, freedom-to-operate analyses, due diligence for M&A, and IP monetization strategies.

Practice Areas

Comprehensive IP Services

Full-spectrum intellectual property representation — from filing to enforcement — across every major jurisdiction worldwide.

01

Patent Services

Patent drafting, filing, and prosecution in India (IPO), USA (USPTO), Europe (EPO), and PCT applications. Specialisation in pharmaceutical, biotech, software, and mechanical patents.

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02

Trademark Protection

Comprehensive trademark services including clearance searches, registration, opposition proceedings, and enforcement across India, ASEAN, EU (EUIPO), and USA.

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03

Copyright & Designs

Registration and enforcement of copyright for literary, artistic, and software works. Industrial design protection in India and international jurisdictions including GUIs.

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04

IP Litigation

Representation in patent, trademark, and copyright infringement disputes before Indian courts, IPAB, and opposition boards. Cross-border enforcement strategies.

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05

Licensing & Transactions

Drafting and negotiation of licensing agreements, technology transfer, franchising, and IP due diligence for mergers and acquisitions.

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06

IP Strategy & Analytics

Portfolio management, freedom-to-operate analyses, patentability opinions, competitive intelligence, and IP valuation for business decisions.

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Our Reach

Where We Practice

Comprehensive IP filing requirements and prosecution procedures across Asia, South Asia, and Europe — curated by Aswal Associates.

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🇮🇳
India
South Asia · Headquarters
Paris Convention PCT Member Madrid Protocol

Filing Requirements

  • Name, address, status and nationality of applicant(s) and inventor(s)
  • Provisional or complete specification (description, claims, abstract, drawings)
  • Power of Authority in favour of Indian Patent Attorney (to be stamped in India)
  • Declaration as to inventorship within 1 month of filing
  • Proof of right from inventor within 6 months of filing
  • For conventional: DAS code or certified copy of priority document within 3 months
  • PCT National Phase: file within 31 months from priority date

Prosecution Steps

  1. Filing of patent application
  2. Publication after 18 months (or on request)
  3. Request for Examination within 31 months from filing/priority date
  4. First Examination Report issued — 6 months to respond (3 months extension)
  5. Hearing with Controller if requested
  6. Grant of Letter Patent
  7. Annuities payable — 10% discount if paid 4+ years in advance
20
Year patent term
from filing date

Expedited examination available for startups, small entities, female inventors, Govt departments, and PPH-eligible applications.

Filing Requirements

  • Name, address, status and nationality of applicant(s)
  • Clear trademark image (for logos/device marks)
  • International class and goods/services description
  • Date of first use in India (if applicable)
  • Power of Attorney (no notarisation required)
  • For conventional: certified priority copy within 2 months

Registration Process

  1. Filing of application at Trade Marks Registry
  2. Examination — objections issued if applicable
  3. Reply to examination report
  4. Hearing (if Registrar not satisfied)
  5. Acceptance and publication in Trade Marks Journal
  6. Opposition period: 4 months from publication
  7. Certificate of Registration issued
10
Year registration
Renewable every 10 years

Key Features

  • Design must be novel, original and not disclosed prior to filing
  • Protects aesthetic aspects — not functional features
  • Paris Convention priority claim available within 6 months
  • India is a member of the Locarno Classification system
15
Year design term
10 years + 5 year extension
4 Patent Offices: Delhi, Mumbai, Chennai, Kolkata Consult Us →
🇨🇳
China
East Asia
Paris Convention PCT Member Madrid Protocol Hague System

Filing Requirements

  • All documents must be in Chinese (translation required)
  • Name, address and nationality of applicant(s) and inventor(s)
  • Complete Specification in Chinese (description, claims, abstract, drawings)
  • Original executed POA
  • Assignment deed (if China applicant differs from priority applicant)
  • PCT National Phase: entry within 30 months (2-month grace period available)

Prosecution Steps

  1. Filing of patent application
  2. Preliminary examination
  3. Publication after 18 months (invention); shortly after filing (utility model)
  4. Request for substantive examination within 36 months (no extension)
  5. Examination report reply: 4 months + 2 months extension
  6. Grant fee payment within 2 months of grant notice
  7. Annual renewal fees payable after grant

Utility Models

  • Available for novel technical solutions concerning shape/structure
  • Subject to preliminary examination only (not substantive) — faster and more economical
20
Invention patent
Utility model: 10 years

Patent Term Extension available for pharmaceutical patents. PPH program with Austria, Canada, Singapore, Spain, Sweden and others.

Filing Requirements

  • All documents must be in Chinese
  • Full name, address, status and nationality of applicant(s)
  • International class and goods/services description
  • Copy of company registration certificate (stamped/signed)
  • Duly executed Power of Attorney
  • Priority details (if applicable) — original certified copy required
  • Multi-class filing permitted

Registration Process

  1. Filing of application
  2. Formality examination (1–2 months)
  3. Examination report within 90 days of filing
  4. Reply to examination report within 30 days
  5. Acceptance and publication in Trade Marks Journal
  6. Opposition: 3 months from publication (non-extendable)
  7. Certificate of Registration issued
10
Year registration
Renewable every 10 years

Filing Requirements

  • Name, address and nationality of applicant(s)
  • At least 6 different views including a perspective view
  • Short description of product title, use and key features
  • Power of Attorney
  • Priority claim must be filed within 6 months of first filing
15
Year design term
From filing date
First-to-file system; multi-class filing allowed Consult Us →
🇸🇬
Singapore
South East Asia
Paris Convention PCT Member Madrid Protocol Hague System

Filing Requirements

  • All documents must be in English
  • Name, address and nationality of applicant(s) and inventor(s)
  • Proof of rights (declaration of how rights were obtained)
  • Complete Specification in English
  • POA may be filed within ~1 month of formal examination
  • Priority document: within 12 months from filing (non-extendable)
  • PCT National Phase: entry within 30 months; no utility model system

Prosecution Steps

  1. Filing of patent application
  2. Publication after 18 months
  3. Search request within 13 months (extendable by 18 months)
  4. Examination request within 36 months (extendable by 18 months)
  5. First Examination Report — response within 5 months
  6. Notice of Eligibility for grant
  7. Certificate of Grant application within 2 months of notice
  8. Annuities from 4th year (payable only after grant)
20
Year patent term
From filing date; no utility model

Filing Requirements

  • Full name, address, status and nationality of applicant(s)
  • Description of goods/services and class
  • Clear trademark image (if logo/design)
  • Translation/transliteration if not in English
  • Priority details (if any) — priority must be claimed at filing on Form TM4
  • No POA required for filing; multi-class filing permitted

Registration Process

  1. Filing of application
  2. Examination (6–9 months)
  3. Reply to objections within 2 months (extendable by 4 months)
  4. Acceptance and publication in Trade Marks Journal
  5. Opposition: 2 months from publication
  6. Certificate of Registration issued
10
Year registration
Renewable every 10 years

Filing Requirements

  • Name, address and nationality of applicant(s) and creator(s)
  • Title, classification and Locarno sub-class
  • Multiple views — front, back, top, side, bottom, perspective
  • Priority claim: within 6 months of first filing
  • POA not required
15
Year max design term
5 + 5 + 5 years renewable
IPOS — one of Asia's most efficient IP offices Consult Us →
🇲🇾
Malaysia
South East Asia
Paris Convention PCT Member Madrid Protocol

Filing Requirements

  • Documents in English or Bahasa Malaysia
  • Name, address and nationality of applicant(s) and inventor(s)
  • Complete Specification in English or Bahasa Malaysia
  • POA may be filed during formal examination (~1 month after filing)
  • Priority document and certified English translation within 3 months
  • PCT National Phase: entry within 30 months

Prosecution Steps

  1. Filing of patent application
  2. Publication after 18 months
  3. Request for examination: within 18 months (direct) or 4 years (PCT)
  4. Two types: substantive or modified (if patent granted in AU/US/JP/KR/UK/EPO)
  5. Reply to objections: 2 months + 3 months extension
  6. Grant of patent (no grant fee)
  7. Renewal fees; late payment within 6 months with surcharge

Utility Innovation

  • Available (limited to one claim); covers new products, processes or improvements
  • Protection: 10 years + two 5-year extensions (max 20 years)
20
Year patent term
From filing date

Filing Requirements

  • Full name, address, status and nationality of applicant(s)
  • Trademark and class description
  • No POA or Statutory Declaration required (under Trademarks Act 2019)
  • Non-traditional marks (shape, colour, sound, scent) registrable
  • Priority: within 6 months; certified copy within 30 days of filing
  • Multi-class filing permitted; division of application allowed

Registration Process

  1. Filing of application
  2. Examination — objection report within 4–8 months
  3. Reply to examination report (within 30 days)
  4. Acceptance and publication in Trade Marks Journal
  5. Opposition: 2 months from publication
  6. Certificate of Registration issued
10
Year registration
No proof of use needed for renewal

Filing Requirements

  • Name, address and nationality of applicant(s) and creator(s)
  • Title, classification; statement of authorship
  • Multiple views of the article
  • Priority claim within 6 months; certified copy within 3 months
  • Duly signed POA (Form ID-10)
25
Year max design term
5 years × 5 renewals
Madrid Protocol member since December 2019 Consult Us →
🇮🇩
Indonesia
South East Asia
Paris Convention PCT Member Madrid Protocol Hague System

Filing Requirements

  • All documents must be in Bahasa Indonesia
  • English specification accepted; Bahasa Indonesia translation within 1 month
  • Proof of rights declaration (how applicant obtained rights from inventor)
  • POA during formal examination (~3 months after filing)
  • Priority document within 12 months + Bahasa translation
  • Statement of Ownership within 3 months
  • PCT National Phase: entry within 31 months

Prosecution Steps

  1. Filing of patent application
  2. Formality check
  3. DGIP publishes application for 6 months
  4. Substantive examination on request (8–9 months)
  5. Grant of patent — post-grant fee within 6 months
  6. Annual renewal fees to maintain patent
20
Year patent term
From filing date; utility models available

Filing Requirements

  • Full name, address, status and nationality of applicant(s)
  • Goods/services description and class
  • Clear trademark image (if logo/design)
  • Statement of ownership; duly signed POA
  • E-filing is the only mode of filing in Indonesia
  • Madrid Protocol member (acceded October 2017)

Registration Process

  1. Filing of application (e-filing only)
  2. Formal examination (3–4 months)
  3. Publication in Trade Marks Journal
  4. Opposition: 2 months from publication
  5. Certificate of Registration issued
10
Year registration
Renewable every 10 years

First-to-file rule applies. Hologram, 3D marks and sound marks are protected under Indonesian Trademark Law.

Filing Requirements

  • Name and nationality of applicant(s) and creator(s)
  • Title, Locarno classification, views of article
  • POA required at time of filing
  • Statement of Ownership (within 3 months) — in Bahasa Indonesia
  • Assignment Deed (within 3 months) — in Bahasa Indonesia
  • Priority claim within 6 months; certified copy + translation
10
Year design term
No renewal; no maintenance fee
Largest economy in South East Asia Consult Us →
🇪🇺
European Union
Europe (27 EU States)
Paris Convention PCT Member Madrid Protocol Hague System

Filing Requirements

  • Documents in English, French, German, Italian or Spanish
  • Name, address and nationality of applicant(s) and inventor(s)
  • Proof of rights declaration (if applicant is not inventor)
  • Complete Specification in English (description, claims, abstract, drawings)
  • POA may be filed during formal examination (~1 month after filing)
  • Priority document within 12 months from filing date (non-extendable)
  • PCT National Phase: entry within 30 months

Prosecution Steps

  1. Filing of patent application with EPO
  2. Formality check
  3. EPO issues search report and preliminary opinion
  4. EPO publishes application and search report after 18 months
  5. Substantive examination on request (1–3 years)
  6. EPO grants European Patent
  7. Validation in each designated state within 3 months of grant
  8. Post-grant opposition within 9 months of publication
  9. Annual renewal fees to keep patent in force
20
Year patent term
Unitary Patent covers 18 EU states since June 2023

Unitary Patent provides uniform protection across participating EU states without national validation fees — significant cost saving (~€4,000 over 10 years) for Indian applicants.

Filing Requirements

  • Full name, address, status and nationality of applicant(s)
  • Goods/services description and class
  • Clear trademark image (if logo/design)
  • Translation/transliteration if not in English/French/German/Italian/Spanish
  • Duly signed POA; priority within 6 months
  • Multi-class filing permitted; valid in all 27 EU member states

Registration Process

  1. Filing of application at EUIPO
  2. Formal examination only — approx. 3 months
  3. Publication in EU Trade Marks Journal
  4. Opposition: 3 months from publication
  5. Certificate of Registration issued
10
Year registration
One filing covers all 27 EU states

Filing Requirements

  • Name, address and nationality of applicant(s) and creator(s)
  • Title, Locarno classification and disclaimer (if any)
  • Views of article — must be clear; up to 50 designs in one application
  • Priority claim within 6 months; POA not required at filing

Prosecution Steps

  1. Filing of application
  2. Formal examination
  3. Objection reply within 2 months (if any)
  4. Registration and publication in journal
  5. Deferment of publication available for up to 30 months
25
Year max design term
5 years × 5 renewals; covers all 27 EU states
EUIPO (Trademarks/Designs) · EPO (Patents) Consult Us →
🇧🇩
Bangladesh
South Asia
Paris Convention Madrid Protocol

Filing Requirements

  • Name, address and nationality of applicant(s) and inventor(s)
  • Complete Specification in English (description, claims, abstract, drawings)
  • Original POA within 1 month of filing (late fee applicable)
  • Proof of right within 3 months (signed declaration with 2 witnesses or notarised assignment)
  • Priority details and certified copy within 3 months
  • Not a PCT contracting state — PCT national phase not possible

Prosecution Steps

  1. Filing of patent application
  2. Formality check
  3. Publication after 18 months (or earlier on request)
  4. Pre-grant opposition within 90 days of publication
  5. Request for examination within 36 months (3-month extension possible)
  6. Substantive examination; reply and hearing if required
  7. Sealing fee payment and grant of patent
  8. Issuance of Letter Patent; renewal fees from 6th year onwards
20
Year patent term
Annuity from 6th year; not a PCT state

Filing Requirements

  • Trademark, full name, address, status and nationality
  • International class; goods/services description
  • Trade description (manufacturer/merchant/service provider)
  • Date of use in Bangladesh (if any)
  • POA (Form TM-48) — scanned PDF sufficient; no notarisation needed
  • Priority details; certified copy within 3 months
  • Multi-class filing NOT permitted; Nice classification (9th Edition)

Registration Process

  1. Filing of application; application number within 1 week
  2. Examination
  3. Examination report in 4–8 months; reply within 2 months
  4. Acceptance and publication on payment of publication fee
  5. Opposition: 2 months + 1 month extension from publication
  6. Certificate of Registration issued
7→10
Year registration
7 years initial; 10 years per renewal

Filing Requirements

  • Name, address and nationality of applicant(s)
  • Title of article
  • Multiple views — front, back, top, side, bottom, perspective (6 sets by email)
  • POA with company seal (POA for patent is usable for design)
  • Priority within 6 months; certified copy within 3 months
15
Year max design term
5 + 5 + 5 year renewable terms
Not a PCT member; multi-class TM not available Consult Us →
🇳🇵
Nepal
South Asia
Paris Convention

Filing Requirements

  • Application form executed in presence of two witnesses
  • POA executed in presence of two witnesses (notarised if no company seal)
  • Notarised copy of complete specification including claims (in English)
  • Certified/notarised copy of filing receipt (if priority claimed)
  • Certified/notarised copy of home registration certificate in English
  • Conventional priority: within 12 months from earliest priority

Prosecution Steps

  1. Filing of application
  2. Formal examination
  3. Correction/completion of missing documents
  4. Substantive examination
  5. Publication and opposition period
  6. Grant of patent certificate
7
Year patent term
Renewable for 2 further terms of 7 years each

Nepal is not a PCT member state. Direct national filings only via the Department of Industry, Kathmandu.

Filing Requirements

  • Trademark representation; goods/services description and class
  • Full name, address and nationality of applicant(s)
  • POA executed in presence of two witnesses (notarised if no company seal)
  • Certified copy of company registration certificate (notarised English translation)
  • Priority: within 6 months; certified copy within 3 months
  • Multi-class filing NOT permitted

Registration Process

  1. Filing of application
  2. Examination and publication
  3. Opposition period: 35 days from publication
  4. Certificate of Registration issued
7
Year registration
Renewable every 7 years

Filing Requirements

  • Name, address and nationality of applicant(s)
  • Title and description of design; multiple views of article
  • POA executed before two witnesses (notarised if no company seal)
  • Priority: within 6 months; certified copy required
5
Year design term
Renewable for additional terms
Not a PCT or Madrid Protocol member Consult Us →
🇵🇰
Pakistan
South Asia
Paris Convention Madrid Protocol

Filing Requirements

  • Name, address and nationality of applicant(s) and inventor(s)
  • Complete Specification in English (description, claims, abstract, drawings)
  • Original POA within 1 month of filing — notarised
  • Proof of right within 3 months — notarised
  • Priority details and certified copy + notarised English translation within 3 months
  • Not a PCT contracting state — PCT national phase not possible

Prosecution Steps

  1. Filing of patent application
  2. Formality check
  3. Publication after 18 months
  4. Pre-grant opposition within 4 months of publication
  5. Request for examination within 36 months
  6. Substantive examination and reply to objections
  7. Grant of patent and sealing
  8. Renewal fees from 5th year
20
Year patent term
From filing date; not a PCT state

Filing Requirements

  • Trademark; full name, address, status and nationality of applicant(s)
  • International class; goods/services description
  • POA — notarised (Form TM-48 equivalent)
  • Priority details; certified copy within 3 months
  • Multi-class filing NOT permitted

Registration Process

  1. Filing of application
  2. Examination
  3. Examination report in 4–8 months; reply within 2 months
  4. Acceptance and publication in Trade Marks Journal
  5. Opposition: 2 months from publication
  6. Certificate of Registration issued
10
Year registration
Under Trademarks Ordinance 2001

Filing Requirements

  • Name, address and nationality of applicant(s)
  • Title of article; multiple views — 6 sets of photographs or drawings
  • POA with company seal — notarised
  • Priority within 6 months; certified copy + notarised English translation within 3 months
30
Year max design term
10 + 10 + 10 years renewable
Madrid Protocol member since May 2021; not a PCT state Consult Us →
🇱🇰
Sri Lanka
South Asia
Paris Convention PCT Member

Filing Requirements

  • Name, address and nationality of applicant(s) and inventor(s)
  • Statement justifying applicant's right to the patent (if different from inventor)
  • Complete Specification in English (description, claims, abstract and formal drawings)
  • Priority details and certified copy of priority document within 3 months of filing
  • Verified/notarised English translation of priority document if not in English
  • Original POA within 3 months — executed before two witnesses; notarised if no company seal
  • PCT National Phase: entry within 30 months from earliest priority date

Prosecution Steps

  1. Filing of patent application
  2. Preliminary examination
  3. Publication of application ~18 months from priority date
  4. Formal Examination Request — before 36 months and not earlier than 60 days after publication
  5. Response to Office Action — within 90 days of issuance
  6. Acceptance or rejection
  7. Payment of final fee within 3 months of notice of allowance
  8. Renewal fees; late payment within 6-month grace period with surcharge
20
Year patent term
From filing date; typical timeframe 3–4 years

Filing Requirements

  • Full name, address, status and nationality of applicant(s); names of all partners if a partnership
  • Trademark (word/logo/device mark); international class — separate application per class
  • Description of goods or services; date of first use (if any)
  • Translation/transliteration of mark if not in English
  • Priority details and certified copy within 3 months (scanned copy sufficient)
  • POA within 3 months — executed before two witnesses; notarised if no company seal
  • Not a Madrid Protocol member — local filing before the Trademark Registry is mandatory

Registration Process

  1. Filing of application; application number issued within 1 week
  2. Examination of application
  3. Issuance of examination report if objections arise
  4. Reply to examination report within 2 months (max 3 months)
  5. Hearing if Registrar not satisfied with response
  6. Acceptance and publication in monthly Trade Marks Journal
  7. Opposition within 3 months from date of publication
  8. Registration Certificate issued
10
Year registration
~2 years for straightforward registration

Filing Requirements

  • Name, address and nationality of applicant(s); author/creator(s) of the design
  • Title of article; class and sub-class per Locarno classification
  • Statement as to novelty and disclaimer (if any)
  • Various clear views of the article (front, back, top, side, bottom, perspective)
  • Priority details — application must be within 6 months of priority filing
  • Certified copy of priority document within 3 months; certified English translation if not in English
  • Statement of authorship — if applicant is the author; or explanation of how rights were acquired
  • Original POA — executed before two witnesses; notarised if no witness or no company seal

Prosecution Steps

  1. Filing of application
  2. Formal examination
  3. Objections/examination report (if any)
  4. Publication in journal after payment of publication fee
  5. Opposition (if any)
  6. Registration of industrial design
15
Year max design term
5 years + two renewals of 5 years each

Late renewal permissible within a 6-month grace period with surcharge. Priority must be claimed within 6 months of first filing — restoration of term is not available.

Paris Convention & PCT member; not on Madrid Protocol Consult Us →
How We Work

Our Process

Consultation

Initial assessment of your IP assets, business objectives, and jurisdictional requirements across India, ASEAN, USA, or Europe.

Strategy & Search

Comprehensive prior art and trademark clearance searches. Development of filing strategy optimized for your target markets.

Preparation & Filing

Drafting high-quality patent specifications and trademark applications. Filing with relevant offices — IPO, USPTO, EPO, ASEAN.

Prosecution & Grant

Managing examination reports, responding to objections, and securing grant. Post-grant maintenance and enforcement support.

Our Team

Experienced IP Professionals

Sudhir Kumar

Managing Partner

Advocate & Patent attorney with 20+ years' experience in software, life-science, pharmaceutical and chemical patents. IAM Strategy 300 recognised practitioner. Leads the firm's Patents, Trademarks and Designs practice with expertise spanning prosecution, litigation, opposition, and IP strategy.

PatentsTrademarksDesignsIAM300

Sachin Parashar

Senior Partner — Litigation

Advocate & Patent attorney with 20+ years' experience in chemicals and biotechnology. Specialises in civil and criminal litigation and enforcement across India and ASEAN markets.

LitigationPatentsBiotech

Deepak Kunwar

Senior Partner

Extensive experience in contentious and non-contentious IP matters. Advises domestic and international clients on patent prosecution, infringement disputes, and portfolio management across India and abroad.

LitigationArbitration

Madhuri Rawat

Managing Associate

Specialises in trademark prosecution, opposition proceedings, and brand protection strategies across India and international jurisdictions including Bangladesh, Nepal, and Sri Lanka.

TrademarksDesigns

Saurabh Panwar

Senior Associate

Experienced IP attorney handling trademark, design, and copyright prosecution, opposition/rectification, and infringement actions before the Designs Office, Trademark Registry, and Delhi High Court.

TrademarksDesignsCopyright

Gaytri Negi

Associate

Legal Associate with a diverse background in intellectual property and civil law. Handles trademark and design filing and prosecution, legal research, and advisory work across IP matters.

TrademarksDesigns

Sunil Aswal

Director — Business Development

Leads the firm's business development and client relations. Holds a B.Sc (Hons) in Physics from Delhi University and an MBA, bringing a strong commercial and scientific perspective to growth strategy.

Business DevelopmentClient Relations

Jyoti Rawat

Head — Renewals

Specialising in IP renewals and maintenance, ensuring timely protection of client IP assets across multiple jurisdictions.

IP RenewalsDeadline Management
FAQ

Frequently Asked Questions

Common queries about intellectual property protection in India and international jurisdictions. Use our AI assistant below for personalised answers.

A straightforward trademark registration in India typically takes 6–10 months. The process includes application filing, examination, publication in the Trade Marks Journal (4-month opposition period), and registration. Costs range from ₹4,500 for individuals/startups to ₹9,000 for companies (online filing). We recommend conducting a comprehensive clearance search before filing to avoid conflicts.
The Unitary Patent system started on June 1, 2023, providing uniform patent protection across 18 EU member states with a single request. Participating states include Germany, France, Italy, Netherlands, and others — representing 80% of EU GDP. For Indian applicants, this offers approximately €4,000 in savings over 10 years compared to validating European patents individually in each country.
Indian patent filing involves: (1) Patentability search and opinion, (2) Drafting patent specification (provisional or complete), (3) Filing Forms 1 & 2 with the Indian Patent Office, (4) Publication after 18 months (or early publication on request), (5) Request for examination within 48 months, (6) Responding to First Examination Report objections, and (7) Grant or refusal. The process typically takes 3–5 years.
ASEAN IP protection requires individual filings in each member state as there is no regional patent or trademark system yet. Key markets include Singapore (English-speaking, efficient IP system), Thailand (manufacturing hub), Vietnam (growing market), Indonesia (largest economy), and Malaysia. We coordinate filings through our associate network, ensuring consistent quality and cost-effectiveness.
Indian patent filing costs approximately ₹45,000–75,000 ($540–900) including professional fees. USA patent filing costs $5,000–15,000+ in total (official fees plus attorney fees). We often recommend an Indian provisional filing → PCT application → national phase in USA and other target markets strategy to optimise global costs while securing international priority.
Patent enforcement in India involves: (1) Cease and desist notice, (2) Filing suit in District Court or High Court, (3) Seeking interim injunction, (4) Discovery and evidence gathering, and (5) Trial and remedies (damages, permanent injunction, account of profits). India has specialised IP Division benches in Delhi, Mumbai, Chennai, and Kolkata High Courts. Recent trends show increasing damages awards and faster resolution in 2–3 years.
Client Testimonials

What Our Clients Say

★★★★★

Aswal Associates managed our complex pharmaceutical patent portfolio across India and ASEAN with exceptional expertise. Their strategic counsel on patent term extensions and regulatory data protection has been invaluable for our market exclusivity strategy.

Dr. P G Chen
CEO, Global Pharma Co.
★★★★★

The team's understanding of both Indian and US patent law helped us navigate the Patent system seamlessly. Their technical expertise in mechanical and software-related inventions and clear communication made the entire process smooth and efficient.

Vineet G
Vice President, US MNC
Legal Intelligence

Latest IP Insights

Case analyses and IP law developments authored by our team. Full articles available on our blog.

Latest · March 2026
Trademarks Delhi High Court India

Delhi High Court Affirms Prior User Rights Trump Well-Known Mark Status

The Delhi High Court Division Bench restrained Kent RO Systems — despite holding a well-known KENT mark — from using KENT for fans, holding that Kent Cables' prior use of KENT for electrical goods since 2006 established superior rights. The Court reinforced that prior user rights override subsequent registration and well-known mark status. Case: Kent RO Systems Ltd. v. Kent Cables Pvt. Ltd. (March 11, 2026).

By Aswal Associates Read Full Article →
Designs · Calcutta HC Mar 2026

Calcutta HC Rules GUIs Are Registrable Designs: Landmark Judgment Aligns India with Global Standards

In a landmark ruling, the Calcutta High Court held that Graphical User Interfaces (GUIs) are registrable under the Designs Act, 2000, aligning India's design law with global standards.

Design LawGUIsIndia
Patents · EPO Feb 2026

Unitary Patent System: 2025 Update and What It Means for Indian Applicants Filing in Europe

An update on the Unitary Patent system's expansion, cost implications for Indian applicants, and strategic guidance on choosing between unitary and classical European patents.

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Design Law · Calcutta High Court · March 2026

Calcutta HC Rules GUIs Are Registrable Designs: Landmark Judgment Aligns India with Global Standards

By Aswal Associates · March 2026

Background

In a significant development for India's intellectual property landscape, the Calcutta High Court delivered a landmark ruling holding that Graphical User Interfaces (GUIs) are registrable as industrial designs under the Designs Act, 2000. The decision marks a pivotal shift in how Indian law treats the visual elements of software and digital products.

The Issue Before the Court

The Designs Office had historically refused GUI design applications on the ground that they lacked physical embodiment and were not "articles" within the meaning of the Designs Act, 2000. Applicants argued that GUIs — as the visible, non-functional visual features displayed on screens — qualify as features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article and should therefore be registrable.

The Court's Holding

The Calcutta High Court ruled in favour of registrability, holding that a GUI applied to a screen or display constitutes a feature applied to an article, and that the Act does not require the article to be tangible or three-dimensional. The Court drew from comparative jurisprudence in the EU, USA, and UK — all of which recognise GUI designs as protectable — and held that India's design law should be interpreted harmoniously with these standards.

The Court further noted that the CGPDTM's own guidelines had been inconsistently applied and directed the Designs Office to process GUI applications in accordance with the ruling.

Significance for Applicants

What to Do Next

If your business develops software, mobile applications, or any digital product with a distinctive visual interface, this judgment opens an important new protection avenue in India. Aswal Associates can assist with GUI design clearance searches, application drafting, and prosecution before the Designs Office.

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Patents · EPO · February 2026

Unitary Patent System: 2025 Update and What It Means for Indian Applicants Filing in Europe

By Aswal Associates · February 2026

Overview

The Unitary Patent system, which came into force on 1 June 2023, has now completed its first full year of operation and continues to expand. For Indian companies and inventors seeking patent protection in Europe, the system offers significant strategic and cost advantages over traditional European Patent national validation.

How the Unitary Patent Works

Once the EPO grants a European Patent, the applicant may file a single request for Unitary Effect within one month of grant. This converts the European patent into a Unitary Patent covering all participating EU member states in one step, eliminating the need for individual national validation, translation, and renewal filings in each country.

As of early 2026, 18 EU member states participate, including Germany, France, Italy, the Netherlands, Spain, and Sweden — collectively representing over 80% of EU GDP and the major European markets for most technology sectors.

Cost Savings for Indian Applicants

Strategic Considerations

Our Recommendation for Indian Applicants

For Indian applicants seeking broad European coverage — particularly in pharmaceuticals, technology, and engineering — the Unitary Patent route offers a compelling combination of coverage, simplicity, and cost efficiency. We recommend factoring the Unitary Patent into your IP budget planning from the PCT stage onwards.

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