Simply Understand Patent Filing Procedure in India

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Patents are important for innovation and provide exclusive rights to the creators of Invention. In India, if you need to get patent registration, you need to follow a structured patent filing procedure governed by the Indian Patent Act, 1970. Let’s understand the process of Patent Registration through this article.

Steps for Patent Filing Procedure in India

Step 1: Understand Patentability Criteria

Before you begin the Patent Registration process, you must see if your invention meets the legal requirements. These requirements are as follows:

  • Be Novel: Your idea and invention should be original, new and not disclosed in the public domain anywhere.
  • Have an inventive step: The invention must offer a technical advancement or a solution that isn’t obvious to experts in the field.
  • Industry Applicable: The invention must be practically applicable and have utility in an industry.
  • Avoid Non-Patentable Categories: Some categories such as abstract ideas, algorithms, business methods, and natural discoveries are not eligible for patent registration.

Step 2: Perform a Comprehensive Patent Search

Most patent registration applications are rejected due to prior inventions being present. Hence, it is important to carefully assess the uniqueness of your invention. To do this step, you will need to use online databases and seek professional assistance.

Step 3: Draft a Strong Patent Application

Patent Registration application drafting is the most important step. Your patent registration application should have:

  • A Clear Title
  • Abstract of Patent
  • Detailed Description
  • Claims
  • Drawings and Diagrams

Step 4: Decide among provisional and complete applications

In India, you can apply for two types of patent registration applications. This includes:

  • Provisional Application:  The Provisional Application is ideal for early-stage inventions. The provisional patent application secures a priority date and also gives you 12 months for finalizing details.
  • Complete Specification: Once your full invention is developed, you can submit the complete application as it includes all details and claims.

Step 5: Application Publication

After your application submission, the Indian Patent Office will publish it in its journal 18 months from the filing date. However, you can also fasten this process after requesting expedited publication and paying an additional fee. Early publication will accelerate the examination process.

Step 6: Filing a Request for Examination

A Request for Examination (RFE) must be submitted within 48 months from the filing or priority date. Without this step, your application won’t proceed to examination.

Step 7:   Respond to the Examiner’s Office Action

In this step, you have to respond comprehensively to clarify doubts, amend claims, or provide additional information to the patent examiner. The patent examiner reviews your application for compliance with patent laws. If objections arise, you’ll receive an “Office Action.” Also, it is important to respond timely and with accurate responses to get Patent Registration application approval.

Step 8: Patent Grant and Publication

Once all objections are resolved, your patent is granted and published in the Patent Office Journal. This marks the beginning of a 20-year protection period from the filing date, provided annual renewal fees are paid.

What are the compliances after Patent Registration in India?

To stay compliant after getting patent registration in India, you need to

  • Pay annual renewal fees to keep the patent active.
  • Monitor the market for potential infringement and enforce your rights if necessary.

Document Requirement for Patent Filing Procedure in India

  • Patent Registration Application: Form-1
  • Complete Specifications: Form-2
  • Statement and Undertaking: Form-3
  • Inventor’s Declaration: Form-5
  • Proof of Right
  • Power of Authority: Form-26
  • Priority Documents
  • Permission from National Biodiversity Authority
  • Source of Biological Material

What can you Patent in India?

Category Description
Products Novel and inventive tangible items, including machinery, gadgets, chemicals, drugs, and fabricated goods.
Processes or Methods Innovative procedures or methods for performing tasks or producing items, such as manufacturing techniques.
Machines Practical mechanical inventions showcasing novel mechanisms or components.
Manufactured Goods Articles produced through distinct methods or possessing unique attributes.
Chemical Formulations Novel and inventive chemical substances, including medicinal drugs.
Biotechnological Discoveries Genetic modifications, gene mapping, and groundbreaking biotech processes.

Where can you file a patent application in India?

Patent applications are submitted at the relevant patent office. It is  based on the applicant’s location, place of invention origin, or service address in India, with offices in Mumbai, Delhi, Chennai, and Kolkata serving various areas.

Take a call from Expert

Moreover, you require any kind of guidance related to the Patent Registration, Please feel free to contact us at 8881-069-069.

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