Patent Registration

What is Patent?

A patent is an authority given to the inventor by the government that they can’t sell, make, and use the invention for a specific period of time. This system is designed for the encouragement of the new inventors who invented something for the usefulness of the society. So when an inventor invents something new and productive, he/she have to file a patent application to the government of India for testing and selling the product in the Indian market and start a business

How it all started?

The government of India specifies some laws for the patent. It’s started in 1911 when the Indian patent act 1911 enacted. Now the patent act, 1970 came into force in 1972. It is amended by the Patents amendment act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals, and micro-organisms. An innovation identifying with an item or a procedure that is new, including imaginative advance and fit for the mechanical application can be patented in India. Now, we are going to discuss the step by step procedure for the patent registration in India.

Procedure to Registration:–

Step 1 – Think and Write

         Take a pen and paper and write down all the details about the invention and how you are going to implement it and launch on the market. You also write down such as –

1. Area/category of Invention
2. The usefulness of the product
3. Working principle

You have to research it again and again till you make it successful. Make sure you have the lab testing record signed by yourself with the date and respective authorities who are involved during the practice phase.

Step 2 – Drawing and Sketch of the Product

         You should capable to illustrate your product through a patent drawing. The better way to create a patent drawing is to draw more as per the requirement. The drawing would assist anyone for a better understanding of the invention. The reality is that patent drawings are worth at least 1,000 words.

The only time patent drawings are not required is when the invention relates to a Chemical compound or composition is being claimed, or if there is just a method or process being claimed

Step 3 – Patentable subject matter

         You should check your idea of invention is patentable or not as per the government rules because some inventions are not patentable according to sec (3) of Indian patents act, 1970. Some Inventions which are not patentable –

1. The inventions contrary to the law of nature
2. The inventions which are contrary to public morality and ethics and causes serious prejudice to human.
3. Discovery of living and non-living things that are available in nature.
4. The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance
5. Duplication of a material
6. A computer algorithm
7. The topography of integrated circuits
8. A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions
9. A mere scheme or rule or method of performing mental act or method of playing game

And as per Section 4 of patent act Inventions relating to atomic energy not patentable.

Step 4 – Research about patentability

You should research about the criteria of patentability whether your Invention meet or not. Some of criteria including –

1. The invention must be new
2. Useful to mankind
3. Non-Obviousness

Step 5 – Decide to go ahead with the patent

          In case you are at the very early stage of the research and development process, you can file the provisional application form and secure your position to file the patent registration date. You can complete the project within the time limit of 12 months after filing the provisional.

         You have the time to complete the research and development on the invention and secure all the documents required for it. Filing the provisional specification is the optional step, if you are at the stage where you have complete information about your invention then you can directly go for complete specification.

Step 6 – Publication of the application

          The application is published after giving the complete documents and specifications about the invention. It will take 18 months to publish completely. Prescribed fees are given to publish it earlier. Generally, it will take one month to publish the application that requested for early publication.

Step 7 – Request for examination

         The examination has conducted for the invention after you filing for RFE (Request file for Examination). Upon receiving the request, the controller gives the patent application to the patent examiner to examine your product or prototype. The examination criteria include:-

1. Patentable subject matter
2. Non-obviousness
3. Novelty
4. Inventive step
5. Industrial application

 Patent prosecution is made after reviewing the invention for the first time by the patent examiner. Those reports submitted to the controller by the patent examiner. The documents include drawings and reports about the invention.

Step 8 – Respond to objections

          For filing the application, there are some patent agents are available and they respond to the objections quickly. So please hire a patent agent to defend this. This is a chance for an investor to communicate his novelty over prior arts found in the examination report. The inventor and patent agent create and send a response to the examination that tries to prove to the controller that his invention is indeed patentable and satisfies all patentability criteria.

Step 9 – Clearing all objections

         The conversation between the controller and the patent applicant should be clear that all the raised concerns are resolved. If it is not resolved then the inventors have the right to resolve and prove their points and establish the originality and inventive steps. Upon finding the patent application in order of grant, it is a grant to the patent application as early as possible.

Step 10- Grant of patent

         After resolving all the queries and concerns the patent committee can grant permission to the inventor. The grant of patent is notified in the patent journal which is published from time to time.

Fees for filing the patent application:

No Description	Natural Person (Individual Investors)	Other than Natural (Companies)
		Small Entity	Other than Small Entity
Application for grant of patent	1600	4000	8000
Early Publication	2500	6250	12500
Request for examination of patent application	4000	10000	20000

Patent Categories

Utility patent:

It is a common type of patent when an inventor thinks to file the application of patent.  It is a long, technical document that teaches the public how to use a new machine, process, or system. The kinds of inventions protected by utility patents.

Design patent:

It is granted for the design of manufacturing objects which has unique appearance such as the surface ornamentation or overall design of the object.

Plant patent:

Granted for the invention and asexual reproduction of new and distinct plant varieties, including hybrids i.e. asexual reproduction means the plant is reproduced by means other than from seeds, such as by grafting or rooting of cuttings.

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