HOW TO FILE A PATENT IN INDIA?

If any one have created or invented a process, product or service that can be defined as an original invention, then it is important to get it patented because it helps to safeguard ones invention.  It can protect any product, design or process that meets certain specifications according to its originality, practicality, suitability, and utility.  In most cases, a patent can protect an invention for up to 20 years. This time period starts soon as you file your patent.  The first and foremost thing that a person must do for getting a patent is to file a formal application of Patent at patent office. 

However, patent registrations are not applicable for all inventions because the invention should satisfy specific criteria to obtain a patent in India. So, let us know about who can file a patent and what types of inventions get patented in a clear way.

WHO CAN FILE FOR A PATENT ?

A patent registration application for an invention can be made by the people either alone or jointly. Most of the patents were applied by the true inventor or the assignee of first inventor and sometimes it can also be applied by the representative of the deceased true and first inventor assignee. In the case of a proprietorship firm, the application should be made in the proprietors’ name and if it is a partnership firm, then the names of all personally responsible partners must be included in the patent application. Most importantly the applicant is required to disclose the name, address, and nationality of the true and first inventor.

WHAT CAN BE PATENTED?

The Patent Act states that for an invention to be patentable, the invention must be a new product or process that involves an inventive step and can be used in the industry. For an invention to obtain patent registration, it should be technical and the invention should possess utility so that it can be used either in industry or market. The invention must possess novelty i.e the specified invention should not published in India or elsewhere priorly. These all should be cross checked before filing the patent application in India.

PATENT APPLICATION PROCEDURE:

Step 1 – PATENTABILITY OPINION:

Before you begin the patent registration process, you need to check if your invention is patentable. This means that you need to check if another individual has filed a patent for a similar technology for which you are filing. Performing an in-depth patentability search helps you to understand whether you have a chance of getting a patent for your invention or not.

Step 2 – DRAFTING & FILING THE PATENT APPLICATION:

After successfully completing the first step, you can begin the patent application process. Indian applicants need to fill Indian Patent Application Form 1 and along with that you need to provide a Form 2 mandatorily for specifying the type of patent where you can choose between a provisional and complete patent application, based on the stage of invention. This means that if your invention is still under testing then, you need to apply for a provisional patent application where you can get a period of 12 months to complete the invention and can file for a complete patent.

You need to pay special attention when you are drafting your patent application and should include clauses like usability and outcome of the invention in detail. It is also necessary to include the intention to get license on the invention while drafting the patent application and be meticulous in including all the clauses that prevent the competition from others who use same technology.

Step 3 – PUBLISHING THE PATENT APPLICATION :

After submitting all the documents, the patent application is safely secured by the Indian Patent Office and applied patent is then published in an official patent journal after a period of 18 months approximately. However, inventors who wish to have their patent application published before this 18 month period can submit Form 9 (form that requests for early publication) so that the application can be published in official patent journal within 1 month of making request.

Step 4 – EXAMINING THE PATENT APPLICATION:

Before granting the patent, the patent application needs to be examined thoroughly. As per rules of the patent application process in India, applied patent should examined based on the merits of the invention and described in the patent specification form. Unlike the publication process, this is not an automatic process and the applicant needs to make a request to examine their patent application by submitting Form 18 because the patent office queues the application form for examination only after a formal request for examination is made.

When the application lands on the examiner’s desk, it is scrutinized according to the Patent Act and underlying rules along with that the examiner also searches for similar technologies to ensure the invention satisfies patentability criteria or not. After reviewing the application, the first examination report is submitted. The examiner lists his objections in detail which can further extend the application process by another 6- 9 months.

Step 5 – DECISION TO GRANT PATENT:

Once the examiner finds no objections in the patent application, he grants the patent and then the patent is then published in the official patent gazette.

Step 6 – RENEWING THE PATENT:

The patent holder also needs to renew his patent by paying an annual renewal fee. In India, it is possible to renew your patent for a period of 20 years at maximum, from the date the patent was first filed.

OVERVIEW OF PATENT PROCEDURE

CONCLUSION:

Finally, the patent filing process is long and complex, one must remember its importance in the long run. The entire process can take anywhere in between 3-5 years. However, This process is created with the intention of ensuring that the inventor gets credit for his invention and also ensures that no other individual can claim rights over the invention. The legal rights that an inventor earn through patent can prevent competitors from using the invention for financial benefits. In any wrong case the related true inventor of invention can also sue on such individuals and claim compensation for using invention without their approval.

So, guys this is the procedure to file a patent in India and I have tried my level best to make you understand about the patent procedure