Patent registration is the first step which an inventor takes to project his or her invention from being misused. In India filing of patents is a little complex. However with proper legal guidance, the Patent application can be filed easily. In this article we shall inform you about the complete procedure of Patent filing.
What is a Patent?
Patent is the right given to an individual or an organization over their new invention. Through patent registration any other person is prohibited from making, selling, importing or using their patented product without prior approval.
Who can file a Patent?
A Patent can be filed by an individual or business that seeks to protect an invention or an idea. An invention can either be a new product or a new process.
Essential Requirements to be met before applying for Patent filing procedure
Following are the points before embarking on a Patent filing process-
- To Qualify For Novelty
The invention must be new and should not be in public domain on prior basis.
- To qualify for Non-obviousness
The invention should be technically advanced as compared to the existing knowledge and which makes the invention non-obvious to a person skilled in the art.
- To qualify for being used in the industry
The invention should be capable of being made or used in the industry.
- Non-Patentable subject matter
The invention should not fall in the category of Non-patentable subject matter that is provided under the Indian Patents Act, 1970.
Patent filing procedure in India
Following are the step by step Patent filing procedure-
- Patent Search
Carrying out Patent search is essential for a Patent registration. This may protect you from getting objections. You may do this yourself or may take assistance of an expert.
- Patent Filing
As per the Patent Act, the inventor or his agent, or his legal representative can apply for Patent registration in the head office of the Patent office in India. It is for the convenience of the inventors that multiple office branches have been opened.
It is important to prepare patent specifications before application of Patent registration. It is a specialized task.
Drafting of a Patent application is an art and requires the help of a Patent expert who will assist the applicant in the Pant filing procedure. In case the applicant is in the initial stages of the R&D process, then file an optional preliminary application called the provisional patent application.
You may be required to submit various forms while filing the patent.
These forms are as follows:
Form 1– Application for grant of patent;
Form -2– Patent specification form;
Form-3– Statement, and undertaking with regards to foreign applications;
Form-5– Declaration of invention to be filed with complete application;
Form-26– Form authorizing patent agent; and
Form-28– Form for small entities/start-up.
Publication of Patent Application
Once the application is filed, it is safely secured by the Indian Patent office. The Patent is published in the Patient journal within 18 months. A request can be made for early filing of the patent application along with the prescribed fees. For Patent registration, Indian patent office keeps every such information confidential until it gets published in the Patent journal.
Examination of Patent Application
After filing a Patent application, the applicant must file for formal examination of the patent application within 48 months from filing of the application. The examiner on an application will conduct the examination and will issue an examination report.
Upon conducting examination of the application, if the examiner found the application objectionable, then they will issue objections and the same would be communicated to the applicant. Thereafter, the applicant must analyze the patent examination report and draft a reply to such objections.
Grant of Patent
Once all the requirements are met and the examiner finds no objections, the notification to grant a patent is published in the patent journal.
Duration of Patent in India
In India, Patent registration is granted for the period of twenty (20) years from the date of its filing. The period of 20 years is calculated from the date of application filing regardless of provisional or complete specifications.
Going through the patent filing procedure is the step you need to take to secure a patent for your invention. I hope that this article has helped you to gain information on patent filing in India. It is advised that you seek the help of a professional to sail through the filing process.