Before buying or selling patents

Run this before heads of terms, not before completion.

HighAfter grantEnterpriseFounder

A patent transaction is a title transaction. Most of the risk is in paperwork rather than in technology.

Tick anything that is true. Each tick opens a short note on why it matters. Nothing you tick is sent anywhere - it stays in this browser tab.

Is the chain of title complete, from every inventor to the current owner?Assignments must be in writing and recorded to be effective as evidence of title.
If yes: Trace every link. Gaps are common and are worse where inventors have left.
Are all assignments recorded with the Patent Office?An unrecorded assignment is a title question waiting to be asked.
If yes: Record them before completion, or make recordal a condition.
Are renewals paid and up to date across the family?A lapsed case in the schedule changes what is being bought.
If yes: Verify from the register, not from the seller schedule.
Are working statements filed?Since 2024 the statement is due once every three financial years, and non-compliance carries penalties.
If yes: Check the block that applies to each granted patent.
Are there existing licences, and do they survive assignment?A patent encumbered by an exclusive licence is a different asset.
If yes: Ask for every licence, including informal or expired arrangements.
Has any case been the subject of opposition, revocation or litigation?History affects value and may bind the buyer.
If yes: Request the full prosecution and dispute history for each case.
Is any pending case still able to support a divisional?Unclaimed disclosed subject matter can be worth more than the granted claims.
If yes: Identify it before grant closes the option.
Have you read the independent claims yourself?Value comes from what competitors must avoid, not from the number of cases.
If yes: For each key patent, write the cheapest change a competitor could make to fall outside claim 1.

Buy the claims and the title. The count and the certificates are decoration.

Sources & further reading

The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
The Patents Rules, 2003, as amended (e-version updated to 15 March 2024) — Official IP India text
The Patents (Amendment) Rules, 2024 - G.S.R. 211(E), 15 March 2024 — Gazette text via WIPO Lex

CriticalIn simple words

Assignment

A transfer of ownership of a patent or an application from one person to another. In India it must be in writing, and it has to be recorded in the register to be eff…

Intermediate

In simple words

Patent valuation

Estimating the economic value of a patent or a portfolio - typically by cost, by market comparables, or by the income it can be expected to protect or generate.

Advanced

CriticalCriticality

The working statement nobody filed

India requires patentees and licensees to tell the Patent Office whether a patent has been worked in India. The obligation moved from annual to once every three fina…

After grantIntermediate

Guide

Pruning a portfolio without losing anything you need

Case by case, against stated criteria, with three checks before anything is dropped - and with the decision and its reason written down.

Intermediate

Not sure whether this applies to your invention?

The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.

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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.

Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.