About the Firm

Specialist IP Counsel Since 2009

"We protect the ideas that define your business."

New Delhi, India · Est. 2009

IntellexIP Advocates is a specialist intellectual property law firm headquartered in New Delhi, India. Since our founding in 2009, we have advised startups, corporations, research institutions, and individual inventors on every dimension of IP strategy, prosecution, and enforcement.

Our team combines deep technical expertise with sharp commercial acumen, enabling us to deliver IP solutions that are not just legally sound but strategically aligned with our clients' business goals. We operate across all IP practice areas — patents, trademarks, copyrights, designs, licensing, and litigation.

Through a trusted network of associate firms, we extend our services to over 50 countries across six continents, making us a one-stop partner for Indian and international IP needs.

IAM Strategy 300 recognised practice — the guide to the world's leading IP strategists
Full-service IP — prosecution, contentious and non-contentious matters
National Phase, Madrid Protocol, PCT and Hague System filings
Technology, pharma, consumer goods, media, fashion and industrial sectors
Practice Areas

Our Services

From initial filing to complex litigation, we provide comprehensive intellectual property services tailored to the unique needs of each client and jurisdiction.

India Patent Services

Comprehensive Guide to Patent Protection in India

Everything you need to know about filing and protecting patents in India — from eligibility and types to prosecution timelines and offices.

What is a Patent?

A patent is an exclusive right granted to an inventor for an invention which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. In India, patents are governed by the Patents Act, 1970 (as amended).

Types of Patent Applications in India
1. Ordinary Application
An application filed without claiming priority from any earlier application.
2. Convention Application
Filed claiming priority from application(s) filed in convention countries. Must be filed within 12 months from the date of first filing.
3. PCT National Phase Application
Filed under the Patent Cooperation Treaty. Must be filed within 31 months from the PCT priority date.
4. Divisional Application
Filed to divide one or more inventions out of a pending application into separate applications.
5. Patent of Addition
Filed for an improvement or modification of an already patented invention.
Patentability Requirements in India
Novelty
The invention must be new and not disclosed anywhere in the world prior to the date of filing.
Inventive Step
Must not be obvious to a person skilled in the relevant field of technology.
Industrial Applicability
The invention must be capable of being made or used in some kind of industry.
Non-patentable Subject Matter (Section 3)
Not Patentable in India
  • Discoveries, scientific theories and mathematical methods
  • Mere discovery of a new form of a known substance which does not result in enhanced efficacy (§3(d))
  • Methods of agriculture or horticulture
  • Methods of treatment of human beings or animals
  • Plants and animals (other than micro-organisms)
  • Computer programs per se, business methods, mathematical methods, algorithms
  • Literary, dramatic, musical, artistic works or other aesthetic creations
  • Traditional knowledge and aggregation of known properties
Basic Filing Requirements — Ordinary Patent Application
01
Applicant Details
02
Inventor Details
03
Title of Invention
04
Complete/Provisional Specification
05
Drawings (if applicable)
06
Abstract
07
Claims
08
Declaration of Inventorship
09
Power of Authority
Power of Authority

Can be filed with or before the filing of the complete specification (i.e. within 3 months from filing), and does not need to be notarised. Assignment/transfer deeds require attestation by two witnesses.

PCT National Phase Filing in India
Key Deadline

PCT National Phase Applications in India must be filed within 31 months from the PCT priority date. This deadline is strict and cannot be extended.

PCT Application Number & Priority Date
International application reference details required
Specification & Drawings
As filed in PCT application, in English
Verified English Translation
If PCT application was filed in a language other than English
All other requirements
Same as for ordinary patent application
Patent Prosecution Process in India
1
Filing & Publication
Application filed; published 18 months from priority date (or filing date if no priority). Early publication available on request.
2
Request for Examination (RFE)
RFE must be filed within 48 months from priority/filing date. Examination begins only after RFE is filed.
3
First Examination Report (FER)
Issued ordinarily within 1 month from date of request for examination. Contains objections if any.
4
Response to FER
Response must be filed within 12 months from date of FER. Cannot be extended.
5
Pre-Grant Opposition (if any)
Any person can oppose grant of patent after publication and before grant.
6
Grant of Patent
Patent granted if all requirements satisfied. Post-grant opposition possible within 12 months from grant date.
Publication
18
months from priority
RFE Deadline
48
months from priority
FER Response
12
months from FER
Term of a Patent in India
Patent Duration

Every patent granted in India has a term of 20 years from the date of filing of the patent application. For PCT applications, the term is 20 years from the international filing date.

Annual Renewal Fees

To keep the patent in force, renewal fees must be paid annually. Renewal fees are due from the 3rd year onwards and can be paid in advance for up to 2 years. A grace period of 6 months is available for late payment with surcharge. Failure to pay renewal fees results in lapse of the patent.

Patent Offices in India

India has four patent offices under the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM):

OfficeJurisdiction
Kolkata (Head Office)West Bengal, Andaman & Nicobar Islands, Sikkim, Bihar, Jharkhand, Odisha
DelhiHaryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand & UT of Chandigarh, Delhi, Ladakh
ChennaiAndhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, Goa & UTs
MumbaiMaharashtra, Gujarat, Madhya Pradesh, Chhattisgarh

Need Expert Patent Assistance?

Our experienced patent attorneys provide comprehensive support for patent filing, prosecution, and enforcement across India and worldwide.

Contact Our Patent Experts
India Trademark Services

Comprehensive Guide to Trademark Registration in India

Everything you need to know about trademark registration, protection, and enforcement in India — from eligibility to prosecution and well-known mark status.

What is a Trademark?

A trademark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. It may include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, combination of colours or any combination thereof.

Benefits of Trademark Registration
Exclusive Rights
Exclusive right to use the mark in relation to the registered goods/services.
Legal Protection
Right to sue for infringement in courts and obtain injunctions, damages, and accounts of profits.
Brand Value
Trademarks are valuable business assets that can be licensed or assigned for commercial benefit.
Consumer Trust
Registered mark signals quality and origin to consumers, building brand loyalty.
Non-registrable Marks
Absolute Grounds for Refusal
  • Marks devoid of distinctive character
  • Marks which designate the kind, quality, quantity, or intended purpose of goods/services
  • Marks which have become customary in current language or trade practice
  • Marks likely to deceive the public or cause confusion
  • Marks prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950
  • Marks containing scandalous or obscene matter
  • Marks likely to hurt religious susceptibilities
Filing Requirements
01
Applicant Details
02
Mark Representation
03
Goods/Services & Class
04
Date of First Use (if any)
05
Power of Authority
06
Priority Document (if claiming)
Multi-class Applications

India allows multi-class trademark applications under the Trade Marks Act, 1999 (as amended). A single application can cover multiple classes of goods and services.

Trademark Offices in India
OfficeJurisdiction
Mumbai (Head Office)Maharashtra, Goa, Gujarat, Madhya Pradesh, Chhattisgarh, Daman & Diu, Dadra & Nagar Haveli
DelhiJammu & Kashmir, Punjab, Haryana, UP, Uttarakhand, Himachal Pradesh, Rajasthan, Delhi, Chandigarh
KolkataWest Bengal, Bihar, Jharkhand, Odisha, Assam, Sikkim, Meghalaya, Tripura, Arunachal Pradesh, Manipur, Mizoram, Nagaland
ChennaiAndhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, Puducherry, Andaman & Nicobar, Lakshadweep
AhmedabadAdditional office for Gujarat registrations
Trademark Prosecution Process
1
Filing & Allotment of TM Number
Application filed; trademark application number allotted immediately.
2
Examination
Examination report issued with any objections. Response must be filed within 30 days (extendable to 60 days).
3
Hearing (if required)
Hearing scheduled if objections not resolved through written response.
4
Publication in Trade Marks Journal
Mark advertised in the Trade Marks Journal. Opposition window opens.
5
Opposition Period
Any person may file opposition within 4 months of publication.
6
Registration & Certificate
Mark registered and certificate issued. Valid for 10 years, renewable indefinitely.
Term
10
years, renewable
Opposition Window
4
months from publication
Response Time
30
days (extendable to 60)
Well-Known Trademarks in India
A "well-known trademark" in India is a mark which has become so well-known to the substantial segment of the public which uses such goods or receives services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark.
Factors for Determination
(a) Knowledge or Recognition
Knowledge or recognition in the relevant section of the public including knowledge obtained through promotion.
(b) Duration and Extent of Use
Duration, extent and geographical area of any use for that trademark.
(c) Promotion and Advertising
Duration, extent and geographical area of promotion including advertising and publicity.
(d) Registration Records
Duration and geographical area of any registration or publication for registration.
(e) Enforcement Records
Record of successful enforcements of rights, recognition by courts or registrar.
Court or Registrar Recognition

Where a trademark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trademark as a well-known trademark for registration under the Act.

Need Expert Trademark Assistance?

Our trademark attorneys provide comprehensive support for trademark clearance, filing, prosecution, and enforcement in India and internationally.

Contact Our Trademark Experts
India Design Services

Comprehensive Guide to Design Registration in India

Everything you need to know about registering and protecting industrial designs in India under the Designs Act, 2000.

What is a Design?

Under the Designs Act, 2000, "design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, which in the finished article appeal to and are judged solely by the eye.

What is NOT Included in Design
  • Any mode or principle of construction
  • Anything which is in substance a mere mechanical device
  • Any trademark, property mark and copyright as defined under Indian laws
Registrable Designs
Requirement for Registration

Only those designs that are new or original are subject matter of registration in India.

Non-registrable Designs
  • Designs disclosed to the public anywhere in India or any other country prior to the filing date
  • Designs where more than 50 copies have been commercially manufactured
  • Designs not significantly distinguishable from known designs or combinations thereof
  • Designs comprising scandalous or obscene matter
Design Filing Requirements in India
01
Applicant Details
02
Locarno Classification
03
Title of Design
04
Visual Representations
05
Statement of Novelty
06
Originality Views
07
Power of Authority
08
Entity Status
Conventional Design Applications

Conventional design applications must be filed within 6 months from the date of first filing in the convention country. An extension of up to 3 months is available on payment of monthly extension fee.

Design Prosecution Process
1
Filing & Receipt
Filing of application and issuance of receipt with application number.
2
Examination Report
Issuance of examination report with objections, if any, ordinarily within 1–4 months of filing.
3
Response to Examination
Response within 6 months from date of filing. Extendable by 3 months on payment of additional fees.
4
Hearing (if any)
Hearing before the Design Controller if required.
5
Acceptance & Registration
Acceptance of application and issuance of registration certificate.
Examination Report
1–4
months from filing
Response Time
6
months from filing
Extension Available
3
additional months
Term of Design Registration
Initial Registration
10
Years from date of registration
After Renewal
15
Years total protection
Renewal

Design registration is renewable for a further period of 5 years upon payment of the prescribed renewal fee before the expiry of the initial 10-year term.

Design Offices in India

Design applications in India are filed with the Patent Office which administers the Designs Act, 2000. The Head Office for design applications is in Kolkata.

OfficeLocationJurisdiction
Head OfficeKolkataEast India — primary office for design applications
Branch OfficeDelhiNorthern India
Branch OfficeChennaiSouthern India
Branch OfficeMumbaiWestern India

Need Expert Design Assistance?

Our attorneys provide end-to-end support for industrial design registration, prosecution, and enforcement in India and via the Hague System internationally.

Contact Our Design Experts
IP Licensing Services

Comprehensive Guide to IP Licensing in India

Expert counsel for licensing agreements, technology transfers, and IP commercialisation strategies across India and international markets.

What is IP Licensing?

IP licensing is the process by which an IP owner (licensor) grants permission to another party (licensee) to use the IP rights in exchange for consideration — typically royalty fees. Licensing allows IP owners to commercialise their rights while retaining ownership.

Patent Licensing
Licensing rights to manufacture, use, or sell patented inventions.
Trademark Licensing
Permitting use of trademarks under agreed quality control standards.
Copyright Licensing
Licensing reproduction, adaptation, distribution, performance or display rights.
Technology Transfer
Transfer of know-how, trade secrets, and technical assistance agreements.
Types of IP Licences
Exclusive Licence
Only the licensee can use the IP. Even the licensor cannot use the IP during the licence period (unless reserved).
Non-exclusive Licence
Licensor can grant the same rights to multiple licensees and may also use the IP themselves.
Sole Licence
Licensor grants rights to only one licensee but retains the right to use the IP themselves.
Compulsory Licence
Government-mandated licence under the Patents Act, 1970 where patentee has not worked the patent sufficiently or where national emergency warrants.
Sub-licence
Licensee grants rights to a third party, permitted only if sub-licensing rights are included in the primary licence agreement.
Cross-licence
Two or more parties grant each other licences to their respective IP portfolios, often used to resolve patent disputes.
Key Provisions in an IP Licence Agreement
Grant of Licence
Scope of rights granted — exclusive, non-exclusive, field of use, territory
Royalty & Consideration
Payment structure — upfront fee, running royalties, milestone payments
Term & Termination
Duration of licence and grounds for early termination
Quality Control
Especially critical in trademark licences to maintain brand standards
IP Ownership & Improvements
Ownership of improvements made by licensee during the licence period
Enforcement Obligations
Rights and obligations of licensor and licensee to enforce against third-party infringers
Indemnification
Allocation of risk between licensor and licensee for third-party IP infringement claims
Governing Law & Dispute Resolution
Applicable law, jurisdiction, and dispute resolution mechanism (litigation or arbitration)

Need Expert IP Licensing Advice?

Our IP licensing team drafts, reviews, and negotiates IP licence agreements, technology transfer arrangements, and commercialisation strategies for clients across industries.

Contact Our Licensing Experts
IP Litigation Services

Comprehensive Guide to IP Litigation in India

Expert counsel for IP enforcement and defence before Indian courts, tribunals, and IP offices — from pre-litigation strategy to full trial.

IP Enforcement in India

India has a well-developed IP enforcement framework with specialised IP divisions in the High Courts. The Delhi High Court's IP Division is widely regarded as one of the most experienced and efficient IP courts in Asia.

Patent Infringement
Unauthorised making, using, offering for sale, selling, or importing a patented product or process.
Trademark Infringement
Use of identical or deceptively similar mark for same or similar goods/services without authorisation.
Copyright Infringement
Reproduction, distribution, adaptation or communication of a copyrighted work without authorisation.
Design Infringement
Application of a registered design without licence to any article in the same class.
Passing Off
Common law remedy for misrepresentation of unregistered marks or trade dress causing damage to goodwill.
Trade Secret Misappropriation
Unauthorised use or disclosure of confidential business information.
Civil Remedies
Interlocutory Injunction
Interim court order stopping infringing activity during pendency of the suit.
Permanent Injunction
Final order permanently restraining infringing activity after full trial.
Damages
Compensation for actual loss suffered due to infringement, including lost profits and royalties.
Account of Profits
Disgorgement of profits earned by the infringer from infringing activities.
Delivery Up / Destruction
Order requiring infringer to surrender infringing goods and materials for destruction.
Anton Piller Order
Ex-parte order permitting search of infringer's premises and seizure of infringing material.
Criminal Remedies
Criminal Penalties for IP Infringement
  • Patent infringement: No criminal liability under the Patents Act (civil only)
  • Trademark infringement: Imprisonment up to 3 years and fine under the Trade Marks Act, 1999
  • Copyright infringement: Imprisonment up to 3 years (first offence) and fine under the Copyright Act, 1957
  • Design infringement: Civil remedy only; criminal action possible under other laws
Courts & Forums for IP Disputes in India
Delhi High Court — IP Division
India's premier IP court. Has original jurisdiction over patent, trademark, copyright, and design disputes. Dedicated IP Division with specialist judges.
Other High Courts
Bombay, Calcutta, Madras and other High Courts have jurisdiction over IP matters depending on cause of action.
Commercial Courts
Under the Commercial Courts Act, 2015, IP suits above specified pecuniary limits are tried by Commercial Divisions with expedited timelines.
District Courts
For trademark and copyright suits below specified pecuniary limits. Plaintiff may sue where they reside or carry on business.
Patent Office — CGPDTM
Handles pre-grant oppositions, post-grant oppositions, and revocation petitions. Appeals lie to the High Court.
Trade Marks Registry
Handles trademark oppositions, rectification applications, and registered user applications.
Note on IPAB

The IPAB (Intellectual Property Appellate Board) was abolished in 2021. Its jurisdiction has been transferred back to the respective High Courts. All IP appeals previously before IPAB are now filed before the relevant High Court.

IP Enforcement Strategy
Pre-litigation Investigation
Engage investigators to gather evidence — purchase test reports, surveillance, market surveys, identification of infringers.
Cease & Desist Letters
Formal legal notices demanding cessation of infringement — often resolves disputes without litigation.
Forum Selection
Select the most favourable forum — Delhi HC IP Division preferred for patent suits; local District Court for trademark matters.
Ex-Parte Relief
Urgent ex-parte injunctions in cases of continuing infringement where prior notice may destroy evidence.
Parallel Civil & Criminal Action
Civil action for financial recovery combined with criminal action for deterrence and seizure of infringing goods.
Settlement & ADR
Mediation or arbitration for commercial IP disputes — faster resolution, confidentiality, and licensing-based settlements.
Key IP Litigation Timelines
Ex-Parte Injunction
1–3
days (urgent matters)
Interlocutory Hearing
2–6
months
Full Trial
2–5
years

Need Expert IP Litigation Support?

Our litigation team provides strategic enforcement and defence before Indian courts and IP offices, from interim injunctions to full trial.

Contact Our Litigation Team
Our Expertise

Technical & Industry Expertise

Our team combines deep legal acumen with technical proficiency across a broad range of industries.

Electronics & Semiconductors Software & AI Telecommunications Mechanical Engineering Automotive Clean Energy IoT & Embedded Systems Cybersecurity
Pharmaceuticals Biotechnology Medical Devices Agrochemicals Nutraceuticals Diagnostics
Fashion & Lifestyle FMCG & Consumer Goods Food & Beverage Media & Entertainment Publishing Retail & E-commerce
Global Reach

IP Protection Worldwide

Through our trusted network of associate firms across six continents, we provide seamless, cost-effective IP services in over 50 countries. We handle PCT national phase entries, Madrid Protocol trademark filings, and Hague System design applications.

Region Key Jurisdictions Coverage
🇮🇳 IndiaNew Delhi · Mumbai · Chennai · Kolkata · AhmedabadPrimary Office
🌏 South AsiaBangladesh · Nepal · Sri Lanka · Pakistan · MaldivesAssociates
🌏 SE & East AsiaSingapore · Malaysia · Thailand · Indonesia · Vietnam · China · Japan · South KoreaAssociates
🌍 EuropeEPO · EUIPO · UK · Germany · France · Netherlands · SwitzerlandAssociates
🌍 Middle East & AfricaUAE · Saudi Arabia · Egypt · Kenya · South Africa · NigeriaAssociates
🌎 Americas & OceaniaUSA · Canada · Brazil · Mexico · Australia · New ZealandAssociates
50+
Countries
6
Continents
PCT
National Phase
Madrid
Protocol
Hague
System
Jurisdiction Guides

South Asia IP Filing

Detailed reference guides on patent, trademark and industrial design filing, prosecution and protection across key South Asian jurisdictions. Click any country to explore the full guide.

Need assistance filing across South Asia?

Our team has decades of experience navigating IP offices in India, Pakistan, Bangladesh and Nepal — from initial filing through registration and enforcement.

View Full Jurisdiction Guides →
Our People

The Team

Advocates, patent agents and technical specialists united by a commitment to precise, commercially-minded IP counsel.

SK
Sudhir Kumar
Founder & Principal

IAM Strategy 300 recognised practitioner with over 20 years of experience in intellectual property law. Leads the firm's patent and trademark practice spanning prosecution, litigation, opposition, and IP strategy. B.Sc (Hons.) Hansraj College, Delhi University; LLB, Campus Law Centre, Delhi University.

PatentsTrademarksLitigationIAM 300
DK
Deepak Kunwar
Senior Partner

Extensive experience in contentious and non-contentious IP matters. Advises domestic and international clients on Civil, Corporate and Arbitration matters.

CivilCorporateArbitration
MR
Madhuri Rawat
Advocate & Trademark Attorney

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

TrademarksBrand ProtectionOpposition
SP
Saurabh Panwar
Advocate & IP Attorney

Handles trademark prosecution, design and copyright filings and prosecution, and infringement actions before the Trademark Registry, Design Office, Copyright Office, and various courts including the Delhi High Court.

TrademarksDesignsEnforcement
GN
Gaytri Negi
Legal Associate

Handles trademark and design filings and prosecution, copyright registrations, and opposition matters before the Trademark Registry and Copyright Office. Contributes legal research, case analysis, and client advisory work.

TrademarksCopyrightDesigns
How We Work

Our Process

I

Initial Consultation

A thorough understanding of your business, innovation, and IP goals to define the optimal protection and enforcement strategy.

II

Research & Analysis

Comprehensive prior art searches, trademark clearance, and freedom-to-operate analyses to identify opportunities and manage risk.

III

Filing & Prosecution

Expert drafting and strategic prosecution of applications before IP offices in India and worldwide to secure the broadest possible protection.

IV

Enforcement & Maintenance

Ongoing portfolio management, infringement monitoring, and decisive enforcement actions to protect and maximise the value of your IP.

Get in Touch

Let us protect
what matters.

Address
59, Harmony Apartments, Pocket-1, Sector-4, Dwarka, New Delhi — 110078, India
Telephone
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