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A Complete Guide on Patent Filing Procedure in India

Patent Filing Procedure
Karan Singh
| Updated: May 10, 2021 | Category: Patent

The first important step is to file a Patent application by an inventor to safeguard their invention from being misused. The Patent filing procedure might be a little difficult and multifaceted for those who have not much knowledge of it. But, with proper legal direction, the application for Patent Registration can be filed simply and effortlessly. Scroll down to check the complete Patent filing procedure in India.

Patent – An Overview

A Patent is an exclusive right granted to a person or a company that prohibits others from selling, making, or importing such patented invention without permission. By Patent Registration, the Patentee will have the authority to control the using, making, or selling of the patented product or procedure; but, whether the innovation is patentable or not based upon several elements such as the invention should be innovative or creative, which engage an inventive or creative step and can be used in industry. A Patent can be filed by a company, business, or a person that seeks to safeguard an idea or an invention. An idea or an invention can be a new process or a new product.

What are the vital requirements that should be fulfilled before applying for the Patent filing procedure?

Following are some crucial points before starting the Patent filing procedure:

applying for the Patent filing
  1. Non-Obviousness: The invention must be technically advanced compared to the present knowledge and makes the invention non-obvious to a separate skilled in the art.
  2. Non-Patentable Subject Matter: The invention must not come under the category of Non-Patentable Subject Matter that is delivered under the Indian Patents Act, 1970[1].
  3. Uniqueness: The invention should not be predictable by the publication or shouldn’t be used in the nation before the precedence date of the patent filing procedure.
  4. Should be used in the Industry: The invention should be able to being used or made in the industry.

Why is it essential to file a Patent in India?

Following are some reasons that you should go through the Patent filing procedure:

  • In India, Patent filing is beneficial for businesses as the grant of Patent limits others from selling, copy, or making their intellectual property without permission. The actual owner of the Patent is able to safeguard their Patent rights in support of the existing laws.
  • A patented item or product is expected to develop brand awareness and permits you to charge a premium.
  • With the rights of Patent, the Patent owners have power over the use of their invention for a longer duration.
  • A Patent proves to be an enhancement for inventions & innovations. When an applicant gets a Patent, such an individual becomes the actual owner of the invention.
  • Patents can be licensed/sold like any other intellectual property, and they can also be assigned or transferred.

Crucial Points to remember while starting the Patent filing procedure

  • The payable fee concerning the Patent Registration and related to other matters for which fees are payable;
  • The payable fee under the Rules or Act shall be paid at the suitable office in cash or by electronic means or can be sent via bank demand draft or can be drawn on a planned date. In the case of draft or cheque is sent via post, the fee shall be considered to have been paid on the date when the banker’s cheque or draft reached the controller;
  • An individual may give progress money and request the controller to understand any fee payable by them from the deposit;
  • An extra 10% fee shall be payable in case the Patent application and documents are filed physically;
  • A refund is started only when the applicant withdraws their request for the examination prior to the first statement of objection is issued.

What is the Patent Filing Procedure?

Following is the step by step Patent filing procedure in India:

Patent filing procedure in India

1. Patent Search: It is essential to carrying out a Patent Search for Patent Registration in India. This will assist you to avoid lengthy procedures. You may do it by yourself, or you can also take some help from an expert.

2. Filing of a Patent Application: According to the Patents Act, the inventor or their agent or legal representative can apply for Patent Registration in the Head Office of the Patent Office in India. It is only for the handiness of the inventor that several branches have been opened.

One of the vital aspects of filing a Patent application is to prepare Patent conditions. It is a dedicated job, and you may write down the idea or the concept, stating the significant details regarding the invention. Also, verify whether your idea or concept or invention is patentable as per the Indian Patents Act.

Drafting an application for the Patent is an art; it needs the help of a Patent expert who will help the applicant in the Patent filing procedure. In case the applicant is in the beginning stages of the Research and Development process, then file an optional preliminary application known as the provisional Patent application. Following are some different forms that you must require at the time of Patent:

  • Form 1: This is the application of Patent;
  • Form 2: Patent Specification Form;
  • Form 3: Undertaking and Statement concerning foreign applications;
  • Form 5: Declaration of invention or innovation or creation to be filed with the complete application;
  • Form 26: Form Authorizing Patent Agent;
  • Form 28: Form for small start-up or entity.

3. Publication of Application: Once the applicant filed the application for Patent Registration, then the application is secured by the IPO or Indian Patent Office. The Patent is published online in the Patent Journal within eighteen months. A request can be made for an early Patent filing application along with the fee. For the registration, the Indian Patent Office (IPO) keeps every application confidential until it gets officially published in the journal. There are some cases where the Patent application may not publish in the Patent Journal. This may be due to an incomplete Patent application or due to withdrawal requests made by the separate Patent filing.

4. Inspection of Patent Application: There will be a formal submission of a request for the inspection of the Patent application that should be filed within 48 months from the Patent filing application. In case the applicant didn’t file the application within the prescribed date, then the application will be provided to be withdrawn by the Patent Office. The examiner conducts a comprehensive investigation and issues examination report. The inspector conducts an inspection and issues an inspection report.

5. Patent Objections: It could be chances for applicants that they receive Patent objections such as unclear or conflicting claims or invention lacking novelty etc. hence, examine the Patent inspection report and draft a response to such Patent objections.

6. Grant of Patent: Once the necessities of patentability are fulfilled, and the inspector finds zero objections, then the notification to grant Patent is published in the journal.

Renewal of Patent

Once the Patent filing procedure is completed, then the applicant should make sure that the Patent is renewed in a timely way. The Patent may be renewed ager the validity. The Patent’s validity is for 20 years in India from the date of filing. The renewal fee has to be paid to the Indian Patent Office before the expiry date of the Patent. As per the Indian Patent Act, advance payment can be made. Before paying the fee for renewal, the Patentee must provide the number of Patents, Patent date and the year concerning which the fee is being paid.

Conclusion

Enduring the Patent filing procedure is the stage you require to take for securing a Patent to your invention. I hope that this article has helped you in growing information on Patent filing. It is recommended that you need help from an expert to flow through the filing procedure.

Read our article:What are the Benefits of Patent Registration in India?

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Karan Singh

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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