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 –
Area/category of Invention
The usefulness of the product
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 –
The inventions contrary to the law of nature
The inventions which are contrary to public morality and ethics and causes serious prejudice to human.
Discovery of living and non-living things that are available in nature.
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
Duplication of a material
A computer algorithm
The topography of integrated circuits
A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions
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 –
The invention must be new
Useful to mankind
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:-
Patentable subject matter
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:
Natural Person (Individual Investors)
Other than Natural (Companies)
Other than Small Entity
Application for grant of patent
Request for examination of patent application
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.
It is granted for the design of manufacturing objects which has unique appearance such as the surface ornamentation or overall design of the object.
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.
Frequently Asked Questions (FAQs)-
Does the Patent Office keep information of the invention secret?
Generally, an invention that has been either published or publicly displayed cannot be patented as such publication or public display leads to a lack of novelty. However, under certain circumstances, the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organized by the Government or disclosure before any learned society or published by applicant. The detailed conditions are provided under Chapter VI of the Act (Section 29-34). Is there any jurisdiction for filing patent application in Indi Yes, India has four patent offices located at Kolkata, New Delhi, Mumbai, and Chennai. Each office has a separate territorial jurisdiction. The appropriate office for all proceedings including the filing of the application depends normally where the applicant/first mentioned applicant resides/has domicile/has a place of business/has an origin of the invention. In the case of foreign applicants, it depends on the address for service in India given by such an applicant.
When can an applicant withdraw the patent application in India?
In India, a patent application can be withdrawn in the following ways:-
A) A request for the withdrawal of the application can be filed within 15 months of the date of filing or date of priority, whichever is earlier, and accordingly, the application will not be published and be treated as ―withdrawn.
B) An applicant can withdraw the application before the issuance of the First Examination Report. However, on the withdrawal of the application, the applicant can claim a refund of up to 90% of examination fees.
C) An applicant can withdraw the application any time after its filing but before the grant of a patent by making a request. There is no fee for withdrawing the application. And also there is no refund of the examination fee.
Is it possible to file pre-grant opposition even though there is no request for the examination field?
Yes, it is possible to file representation for pre-grant opposition even though there is no request for examination has been filed. However, the representation will be considered only when a request for examination is received within the prescribed period.
The following are the e-filing facilities available for an applicant:-
• Comprehensive e-filing facility for Patents and Designs,
• Comprehensive payment gateway including net banking, payment by Debit/Credit card
• Web-based Simple Registration process and filing procedure
• Real-time Validations with IPO Patent database
• Manage User Profile and Folders
• 10% fee reduction on online filing compared to offline filing to promote online filing.
• Request for expedited examination- only through e-filing
What are the modes of filing an application in foreign countries?
Since there is no worldwide patent, the applicant has to file his patent application in respective countries separately to obtain protection on his invention. The following are the routes available to the applicant to file his International application in a foreign country.
Paris Convention: The Paris Convention for the Protection of Industrial Property, established in 1883, provides for 12 months’ time to file the patent application in the member countries from the date of filing of the earliest application.
Patent Cooperation Treaty System: PCT is a system that allows an applicant to file in PCT contracting states within 30/31 months from priority date instead of 12 months. Not only does the PCT (Patent Corporation Treaty) enable an extended time period, it also simplifies the filing procedure through a single application. The PCT system also provides for publication of the application, International Search, and International Preliminary Examination before entering the national phase.