How to apply for a patent in India? Navigating the patent application in India can be complex, but understanding the steps involved can simplify the journey significantly. Patent application in India is a structured procedure that begins with a thorough patent search to ensure the novelty of the invention. Once this is established, the application must be drafted with precise technical details and filed with the Indian Patent Office.
The Indian patent filing process doesn’t end with the submission of the application. After filing, the application undergoes an examination by the patent office, where it is reviewed for compliance with the patent laws and assessed for its inventive step and industrial applicability. This stage might involve responding to objections raised by the examiner, necessitating expert legal support. This systematic approach ensures that the innovation is legally protected, providing the inventor with exclusive rights to their invention.
Preparing for the Patent Application
Conducting a Patent Search
Conducting a patent search is the foremost step in the Indian patent filing process to ensure that the invention is novel, non-obvious and has not been patented before. A Patent search is a strategic procedure starting from carrying out a search to analysing and documenting the findings. It can be done by an individual himself on the Indian Patent Office (IPO) website which provides a free search system for Indian Patent information or it is always recommended to hire a professional patent attorney in India to interpret the search results, especially for complex inventions.
Filing a Patent Application
One of the most important conditions to file a patent application in India is that it shall be a patentable invention and not fall under the purview of Section 3 & Section 4 of the Act. Patent search is essential to filter only new and useful inventions and pull out any non-patentable inventions.
Securing the Patent
For the purpose of securing your patent from any third-party infringement, you must maintain good records and documentation of your invention. It acts as proof of your ownership and helps to establish the originality and novelty of your Invention. The documentation shall include a detailed description & sketch of the invention, how the invention works and all the necessary details. Documenting your creation acts as proof of your novelty and non-obviousness.
Drafting the Patent Application
To file a patent in India, it is important to draft a patent application to establish the novelty and non-obviousness of an invention. It shall comprise detailed specifications that describe the invention, as a result allowing a person skilled in the art to perform the invention without any hardships. The components of a Patent Application are-
- Invention Title: The first step for a patent application in India is to determine its title. The title of the invention must be specific and disclose the subject matter and features of the invention. It helps to understand the type of patent for which the application is applied.
- Abstract: According to Section 10(4)(d) of the Act, every application with complete specification shall include an abstract section to provide technical information about the invention. It is a brief summary of the invention and must not exceed more than 150 words. It is useful for both IPO and the public while searching a particular technical field.
- Specification: Along with the Patent Application, a provisional or complete specification must be filed with the Indian patent office as stated in Form 2 of the Act. It contains all the technical and scientific details of the invention in detail and how it differs from the solutions that already exist. It is necessary to submit a complete specification within the period of 12 months from the date of filing the provisional specification.
- Claims: A patent claim lays down the boundary of the invention and must be concise, clear and supported by the description provided in the Patent application. It can be an independent or a dependent claim. Independent claim defines important elements of the invention whereas a dependent claim consists of essentials of independent claims or other dependent claims.
- Drawings: The Patent application in India must always accompany illustrations and graphic representations of the invention. These patent drawings must be clear and descriptive of the written specifications.
Filing the Patent Application
Filing the patent application in India is an extensive and detailed process beginning from determining the type of patent application, conducting a patent search to filing an application and answering any objections raised on the novelty of the invention. Here’s a detailed step for patent application in India:
- Determining the type of patent application: Firstly the applicant must understand the type of patent application he’ll apply for on the basis of its purpose and area of the grant. It can be a provisional or complete application on the basis of the stage of the invention.
- Filing the patent application: The Patent application in India can be submitted either online through web portals or manually at the registered Indian Patent Office having the appropriate authority along with the requisite fees as mentioned in Schedule I. To get a patent grant in India an applicant must fill out the mentioned forms and duly submit it to the Indian Patent Office.
- Form 1– Application for grant of patent
- Form 2– The specifications whether provisional or complete
- Form 3– Statement and undertaking to be filed in accordance with section 8, if a matching application is also submitted in another country.
- Form 5– Declaration of the invention as well as its full application and operation.
- Form 26– A form authorising the agent must be filed in case the applicant has chosen to have an agent file the patent.
- Form 28– Only when the applicant indicates to be a start-up or a small entity.
- Publication of the patent application: Once the patent application is filed, it shall be published in the Patent Office Journal after the expiry of 18 months from the date of filing or date of priority. It is done with the purpose of raising any objections in respect of the invention. However, there is a provision of early publication within a period of 1 month from the date of request by filing Form 9 of the Act. An early publication fee may vary from an individual to, a small entity or a startup to a a large entity or others.
- Request for Examination: It is required to conduct an Examination to check the novelty, non-obviousness and industrial application of the invention. The examination fee must be paid in accordance with Form 18 within a period of 48 months from the priority date or the filing date whichever is earliest.
- Grant of Patent: After examination and clearance of all the objections, the Indian Patent Office shall grant the patent and publish it in the Indian Patent Journal. It shall give the monopoly rights to the inventor in respect of his invention for a predetermined time i.e. for 20 years.
Conclusion
To file a patent Application in India is a complex procedure and calls for careful preparation and meticulous paperwork, and adherence to procedural and regulatory criteria. An invention can gain substantial legal protection by successfully completing this process, allowing the patent holder to profit from their creation and boost the economic growth of the society. Considering the intricacy and significance of the procedure, taking guidance from a patent attorney in India can be very helpful in making sure that all the conditions are satisfied and increasing the likelihood that a patent will be granted.
Secure Your Innovation with MAHESHWARI & CO.’s Expert Guidance
Navigating the patent filing process in India can be challenging, but you don’t have to do it alone. At MAHESHWARI & CO., we have a team of experienced patent attorneys in India who specialize in patent law and have a deep understanding of theegal intricacies involved. Our experts will guide you through every step, from conducting a thorough patent search and drafting your application to responding to examination reports and securing your patent. With our professional support, you can ensure that all procedural requirements are met, significantly increasing the likelihood of your patent being granted.
FAQs
1. What documents are required for filing a patent application in India?
For filing a patent application in India, applicants must have submitted the application along with the provisional or complete specifications of the invention, form declaring the inventorship and other necessary forms depending upon the requirements.
2. How long does it take to get a patent granted in India?
The patent application process in India is a gradual process and may vary depending upon the type and complexity of the invention. Usually, it takes 1-5 years from the date of filing of the application.
3. What is the difference between a provisional and a complete patent application?
A provisional application is filed when the invention is in its preliminary stage and includes just a simple description of the invention whereas a complete specification is an elaborate description and enlists each and every detail of the invention.
4. What is the validity period for the patent granted in India?
A patent granted in India has its validity for 20 years from the date of filing of the patent application. Once the time period has expired, the patent falls into the public domain.
5. What are the criteria for patentability in India?
The first and foremost requirement for the patent filing procedure in India is that the applicant must be the creator of the invention and his invention shall be novel, non-obvious and capable of industrial application. Alongside, it shall not fall within the purview of sections 3 & 4 of the Patent Act, 1970.
