How to patent your invention in India? 13 Important steps from filing to the maintenance of Patent Grant
What is the patent?
A Registered patent is an exclusive right granted by the Indian Patent office to the inventor of such an Invention to exclude any third parties from making, using, selling, and importing an invention that has a similar inventive solution to the existing problem.
Steps of Patent Application in India:
- Write down your idea/ Concept
- Conduct Patentability Search and Prior Art Search
- Write Your Techno-Legal Patent Application
- File Your application at the Indian Patent Office
The Basic requirements to apply for a patent at the Indian Patent Office: -
- Novelty or Freshness of the Invention:
The invention will have to be considered as a novel. It should not be a piece of information disclosed anywhere in the world, like information appearing in magazines, technical journals, books, newspapers, etc.
- Inventive step
Even a skilled professional in that particular domain must feel that the particular invention is unexpected, surprising, and not a very obvious invention.
An invention must have an industrial utility or must-have commercial effectiveness.
Advantages of Patent Registration:
- It prevents others from using your invention for 20 years.
- Get guaranteed royalty by Licensing or Renting your patent to other inventors.
- Sell Your Patent
- Use It for yourself
Benefits of Patent Registrations:
- It prevents unauthorized use of your invention.
- You can monteitze your invention through license and assignment
- You can commercialize the invention
Detailed Guide for Patent Registration in India
Step 1: Write Down your Idea or Concept (Invention) In Detail /Invention Disclosure Form
It should contain the following information: -
1.Applicant name, address and other related information
2.Inventors Name, address and other related information
3. Domain of Invention
4.Current working of system/method / or product
5.The working details of the invention
6.Advantages of the invention over existing system/product
Also, Invention Disclosure Form (IDF) is an essential document for your Patent Agent /Patent Attorney to understanding patentability of your product
Step 2: Add specification drawings, Flow Chart, Exponential view and Component of the invention
The Detailed Disclosure (IDF) of your Invention should be submitted with relevant Diagrams in various views, Flowchart, which could thoroughly describe the invention.
Step 3: Is your Invention Patentable?
Not All inventions are patentable. So, the inventor must check whether their invention is patentable before proceeding further. The inventor must cross-verify that your invention should not fall under section 3 & Section 4 of the Indian Patent Act 1970.
Step 4: Patentability/Novelty Search (It is Optional)
Is a search of the patent document or non-patent literature (prior art) that simply throws light on the invention either in one document or in the combination of the documents which are being disclosed to the public?
What are the Criteria to check whether the invention in Patentable?
An invention must be considered as a novel if it does not form any part in any other prior art. The Oral description of the invention in a seminar or a conference may simply be considered as prior art that could seriously spoil the novelty. Novelty should assess in a global context as well. An invention is not considered novel if it has gotten pre-disclosed in public through any form of publication in any part of the world before filing the patent application for the respective invention.
The use of your invention in any country of your interest before the priority date of your patent application could also destroy the novelty reputation of the invention. The patent search and the other non-patent literature search are the most crucial to determine the novelty of your invention.
Inventiveness, the invention must not be obvious:
The invention must not be obvious, or it must involve an inventive step; It must be innovative even to the eyes of the person skilled in the art. The Inventive Step is nothing but the special feature of the invention that involves any type of technological advancement for the existing problem. It can also bring upon economic significance, which will also make the invention not apparent to the person skilled in the art.
The invention which is to be registered should be useful or must be industrially applicable. It must be compatible with being used in the industry.
Step 5: Patent Drafting (Writing)
In case your invention, Concept, or Idea is at the preliminary stage, and you need additional time to complete final product or process; You could file a Provisional Patent Application instead of a complete patent.
Filing of Provisional Patent Application will get the following exclusive benefits
1. You secure a Priority date for your application, and from that priority date, your invention will start getting its protection)
2. You will get additional time for filling the Final Specification or the Complete patent Specification.
3. Once you have secured your Priority date, you will be allowed to take help from the third parties for the development or assistance for your invention's development without having a fear of being Stolen from as your protection will start from the date of filing of the Provisional Application.
4.Cheaper in Cost
Step 6: Patent Application Filing
Review of patent specification draft before the filing of the patent application is vital to check the entire scope and the technical details which have been covered. You could go ahead and file your patent application in any manner, along with the forms mentioned above.
Step 7: Publication of Application
Your application will be made public on the Patent Office website after the completion of 18 months from the day filing had taken place. However, the applicant, after publication, can't seek infringement proceedings against any competitors until their respective patent gets granted. After the grant of the patent, the applicant will have the right to take action against the infringing party and claim damages from the date of publication. As early the publication is made, the better chance you have on claiming infringement damages.
Early Publication: -
You can request a publication for your patent application by requesting the patent office in prescribed form 9 along with the fee. In the case of early publication, your application will get published within 30 days from the date of filing, whereas in the normal route, the patent application will only get published after the completion of 18 months.
Step 8: Request for Examination
After the publication process is down, the patent office will examine the application only if a request for examination is made with examination fees paid and this to be done within 48 months from the date of filing. The Patent Office will provide a new examination route open for startups and for the national phase of the entry application, which has selected in India as a searching authority.
Step 9: Issuance of Examination Report
Upon the receipt of the request, the examiners will conduct an extensive search referring the details of the invention. In case of further clarification, the examiner will issue an Examination Report.
Step 10: Respond to Examination report & Hearing
The first examination report and subsequent examination reports will be issued if needed, and it will convey to the applicant or his authorized Patent agent/Attorney. The applicant or his authorized Patent agent/Attorney will be required to reply and clear all the examiner's concerns and also deal with the objections which are raised by the examiner. In the case of the examiner's requirement, he might call for a hearing which the applicant or his agent will have to attend physically or Virtually through a Video Conference.
Step 11: Grant of Patent
After extensive examination, the examiner will decide whether to grant the patent for application or reject it.
Post Grant Patent Maintenance Procedure
Step 12: Patent Annual Payment/Maintenance fees
After the grant of the patent, an annual payment will have to be paid till the life-span of the patent, and the first payment begins after the end of the second year, which is two years from the date of filing.
Step 13: Statement of Working of Patents
Patentees and licenses need to furnish within three months from the end of every calendar year; a statement extension must be documented stating that the invention has been functional in India and commercially scale in the previous year.
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