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All You Should Know Before Filing a Patent Application

Patent Application
| Updated: May 29, 2021 | Category: Patent

In today’s economy, IPR or Intellectual Property Rights has become an unavoidable tool. Following the Indian Government scheme called “Atma Nirbhar Bharat Scheme,” several entities have looked at the innovation, which was already one of the most vital sustainable development goals set by the centre.

Apart from this scheme, other initiatives have already been established. These conclude Make in India, Digital India, Skill India, and Start-up India. The Atal Innovation Mission raises innovative energies across the nation in universities and schools. Under the policy of Intellectual Property Right, the cell for Intellectual Property Right Promotion and Management, CIPAM, has been tasked to facilitate the commercialization and creation of Intellectual Property assets in collaboration with the Controller Office General of Designs, Patents, and Trademarks.

The filings for Intellectual Property Rights have considerably increased, and the Patent Offices are also getting renovated in terms of capacity building. The Patent Office commenced functioning as the International Searching and Examining Authority in October 2013. In this blog, we discuss all the essential things to know before filing a Patent Application.

What is the Primary Purpose of the Patent System?

The primary purpose of the Patent System is to promote innovation by granting inventors a Patent for their creations. A Patent is governmental permission to innovators or inventors for a right to eliminate others from using, making, selling or importing their invention without prior consent.

In exchange, after the expiry of the Patent, the invention is devoted to the public. Inventors should teach the people how to use and make the invention so that after the restricted time period for which the Patents are enforceable has expired, the public can then take benefit of the innovations qualified by the inventor.

How Can You Draft a Patent Application?

In case you wish to apply for a Patent Registration, then you need to know the following steps:

  1. Once you do your R&D (Research and Development), you are required to prepare a Patent application. You can do this using Form 1.
  2. Each Patent application has to be followed by a Patent specification. If you do this, you need to fill the Form 2. By this form, you are required to deliver the provisional or complete specification depending on whether it is partially completed or fully completed. In case you deliver an application for a provisional application, you are given a year-long gap to confirm the invention and file the corporation application.
  3. You also have to file a Patent Draft and submit the same with your application for Patent registration. This is an essential document that the Patent Office uses to decide whether your invention is permitted a Patent.

How is a Patent Application Inspected?

  • Every application of a Patent that has been filed for protection is systematically inspected before it makes its way into the Patent Journal.
  • The application is primarily made for the examination using Form 18.
  • Once the Patent application is filed, it’s transferred to the Patent Officer, who then inspects to make sure that it is in accordance with the rules that come under the Patent Act.
  • The Patent Officer then does an in-depth search where the technology used for the innovation is examined thoroughly. If there are any objections, they are communicated.
  • The report issued in this case is called FER (First Examination Report).
  • Once all the raised objections are resolved, a Patent is permitted to the company or the individual.

How is a Patent Application Available?

  • An application of Patent that is filed with the Indian Patent Office published or available in Patent Journal[1].
  • This is done after eighteen months or one & a half year for filing the Patent application.
  • If you desire to get the Patent published earlier, you are required to make an application by using Form 9.
  • Note: In case there is a limitation placed under the Indian Patent Act concerning Patent publishing, it won’t be published in the Patent Journal.

Important Points to Remember

Following is a list of do’s and don’ts to remember while filing a Patent application:

  • The fees to be paid concerning the Patent are prescribed in the First Schedule.
  • You have to pay an extra 10% fee in case you physically file a Patent application.
  • Further, you can also pay the fees through digital mode, cash or bank draft. You have to make the payment in the name of the Patents Controller and draw it on a scheduled bank at the place where the suitable Patent Office is situated. If the banker’s cheque or draft is sent by post, the fees shall be considered to be paid on the date on which the banker’s cheque or draft has actually reached the Controller.
  • In case of transfer of Patent application from a natural individual to other than a natural person, the difference, if any, between the fee shall be paid by the new candidate with the transfer request for application.

Conclusion

It is clear that all the above things are important to know before you are ready to file a Patent application for registration. Then after you can avail all the Patent rights after completing the registration process. Patents should be done with a brilliant strategy that line up business interest for executing the technology with an extensive scope of options in where, how, and when Patents are sought.

Read our article:Filing a Provisional Patent Specification – An Overview

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A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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