Patent Registration in India Protect Your Invention from get Copied

Patent Registration is important for every inventor to protect their invention from get copied. The complete patent registration process involves a series of steps which are to be mandatorily followed to get a patent in India.  Need to protect an invention? Discuss with our experts

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Online Patent Application Filing Fee

Patent Application Filing

Provisional Specification

  • Complete illustrations of Patent
  • Drafting of Abstracts of Intention
  • Provisional Specification of Invention
  • Provisional Patent Application filing

Patent Application Filing

Complete Specification

  • Complete illustrations of Patent
  • Drafting of Abstracts of Intention
  • Complete Specification of Invention
  • Complete Specification Patent Filing within 1 year

List of Documents Required For Patent Filing in India

  • Application in Form 1
  • Patent Specification in Form 2
  • Drawings With Description
  • Abstract of Invention
  • Claims of Patent
  • PAN card Aadhar card of Applicant 
  • Priority Document (Convention Application)
  • Statement & Undertaking under Section 8 (Form 3)
  • Declaration of Inventor-Ship (Form 5)
  • Power of attorney (Form 26)
  • Form 28 in case of MSME/ Startup
  • Class 3 encrypted DSC 

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Step Wise Process & Over All Cost.

What is Patent Registration in India?

Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent.

Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. Patent filing in India is a tedious process, but it can be done quickly with proper guidance and support. An individual who wishes to secure a patent should get a consultation from expert patent practitioners.

Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable. An individual can search the intellectual property regulator of India’s database to check if there is an object or invention that is the same or similar to the applicant’s invention.

However, patent registrations are not applicable for all inventions, and the invention should satisfy specific criteria to obtain a patent in India.

Who can file a patent application?

A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

  1. The true and first inventor
  2. True and first inventor’s assignee
  3. The representative of the deceased true and first inventor his / her assignee

According to the Patent Act, a “person ” is any natural person, company, or association or body of individuals or government body, whether incorporated or not.

  1. In the case of a proprietorship firm, the application should be made in the proprietors’ name.
  2. In partnership firms, the names of all personally responsible partners must be included in the patent application.

An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.

The applicant is required to disclose the name, address, and nationality of the true and first inventor.

What can be patented?

he 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 meet the following criteria-

Novelty – The matter disclosed in the specification is not published in India or elsewhere before filing the patent application in India.

Inventive Step – The invention is not apparent to a person skilled in the art in light of the prior publication/ knowledge/ document.

Industrial applicability – Invention should possess utility so that it can be made or used in the industry

Type of Patent Application

Ordinary Indian Patent Application: This is the most common application by an Indian Inventor. The Invention is disclosed for the first time before the Indian Patent Office and can be filed either with the provisional or complete specification. If the application is filed with the provisional specification, the complete specification must be filed within 12 months of the first application date.

Convention Application: The Paris convention, 1883, on patent the contracting countries have recognized the value of first disclosure of patent or “Prior Art”, and in case of international applications, an applicant can file a patent within 12 months of filing the first application, and the previous disclosure shall not be considered as prior art for the subsequent country application

PCT Application: The Patent Co-Operation Treaty provides for a mechanism wherein an international application for a grant of a patent can be filed from India for 152 contracting countries. In the first phase, the application is examined by the international examination authority of the applicant’s choice; after that, the applicant can file the national phase application.

Patent Registration Process

Patent Search

To file a successful patent registration, you need to ensure that your invention idea is unique. Carrying a patent search will confirm this, and the individual can also avoid lengthy procedures.

Patent application filing

Patent Filing is considered to be the most crucial aspect. The complete process specification is a specialized task that can be done correctly through expert advice.
Drafting a patent application is an art, and it will be wise to choose to seek expert help. If the individual is in the initial stages of research and development, it is best to file a provisional patent application.

Preparing patentability report

The patent professionals or agents will then do extensive research and prepare the patentability report. Hence, the applicant should attach all the specified documents along with the patent application.

Publication of patent application

After this, the application is then published in the Patent journal within 18 months. Request for early filing of the patent can be made along with the prescribed fees.

Publication of Filed Patent

For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the Patent Journal.
The publication of filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised.

Patent Examination

Within 48 months from the patent’s first filing, there would be a formal submission of a request for the patent examination. Suppose the applicant fails to file within the specific time, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.

Patent objections

Patent applications also receive objections, so it is mandatory to analyze the patent examination report and draft a proper response to the objections.

Grant of patent

Once all the patentability requirements are met, the grant patent’s notification will be published in the Patent Journal.