Patent Registration In India

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Patent Registration in India, Procedure, Requirements & Fees

Table Of Contents

What is Patent Filing?
Patent Filing Process
Determining whether the invention is eligible for a patent by conducting a search.
Drafting of Patent Application
Filing of Patent Application
Publication of patent application
Examining of Patent Application
Grant of Patent
Important Notes
FAQs on Patent Filing in India

What is Patent Filing?

A patent filing refers to the process of submitting a patent application to a government agency responsible for granting patents. The purpose of a patent filing is to seek legal protection for an invention, which can be a product, process, or method that is new, useful, and non-obvious.

Patent Filing Process

Patent Search
Drafting of Patent Application
Filing of Patent Application
Publication of patent application
Examining of patent application
Grant of patent

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Determining whether the invention is eligible for a patent by conducting a search.

It is not required, but it is recommended to do a thorough search to see if a patent for your invention is available in India before filing a patent application. You can use the link provided to conduct a patentability search http://ipindiaservices.gov.in/publicsearch. Keep in mind that this step is optional.

Drafting of Patent Application

To draft a patent application in India, you will need to prepare a specification, which is a detailed description of the invention, and one or more claims, which define the scope of the protection sought for the invention. The specification must include a written description of the invention and any drawings or diagrams that are necessary to understand the invention. The claims must be clear and concise and must clearly define the boundaries of the protection sought for the invention.

In addition to the specification and claims, you may also need to include other documents with your patent application, such as a priority claim or a declaration of inventorship.

Filing of Patent Application

No	Patent Processes	Form No
1	Application for Grant of Patent	Form 01
2	Provisional/Complete Specification	Form 02
3	Statement and Undertaking Under Section 8 (This requirement only applies when a patent application has already been filed in a country other than India)	Form 03
4	Declaration as to Inventorship	Form 05
5	To Be Submitted By Small Entity / Startup	Form 28

Publication of patent application

In India, a patent application is published 18 months from the date of filing or the priority date (whichever is earlier). The publication of a patent application is done to make the details of the invention available to the public and to allow interested parties to raise any objections or concerns they may have regarding the grant of a patent. If you want the patent application to be published earlier, you can make a request using Form 9 for early publication.

After the publication of a patent application, any interested party can submit a request for examination of the application. The request for examination must be made within 6 months from the date of publication of the application.

If no request for examination is received within the prescribed time period, the patent application will be deemed to have been abandoned. If a request for examination is received, the patent application will be examined by the Patent Office to determine if it meets the necessary criteria for grant.

Examining of Patent Application

The examination process is carried out by the Indian Patent Office to determine if the invention meets the necessary criteria for grant of a patent.
During the formality examination, the Patent Office checks the application to ensure that it is complete and complies with the necessary formal requirements.
During the search examination, the Patent Office conducts a search of the prior art to determine if the invention is novel and involves an inventive step. The prior art includes all information that is publicly available about the invention before the date of filing of the patent application.
If the application passes the formality and search examinations, it will proceed to substantive examination. During this phase, the Patent Office evaluates the application to determine if it meets the necessary criteria for grant of a patent.

Grant of Patent

If the Patent Office finds that the invention meets the necessary criteria, it will grant the patent. If the Patent Office finds that the invention does not meet the necessary criteria, it will issue a rejection notice explaining the reasons for the rejection.

Important Notes

The fees required for obtaining a patent and related applications, as well as other required fees, are listed in the First Schedule.
A surcharge of 10% is required when submitting physical copies of patent applications and other documents.
Fees required under the Act or rules can be paid at the appropriate office in cash, electronically, or by bank draft or banker’s check. The payment should be made to the Controller of Patents and drawn on a scheduled bank in the location of the appropriate office. If the draft or banker’s check is mailed, the fees will be considered paid on the date the draft or check is received by the Controller.
Fees paid for any proceedings will generally not be refunded, regardless of whether the proceedings take place or not.

FAQs on Patent Filing in India

What is a Patent?

A patent is a legal document that gives the holder the exclusive right to make, use, and sell an invention for a certain number of years. In order to obtain a patent, an inventor must apply for one and provide a detailed description of the invention, which must be new, useful, and non-obvious.

What rights does a patent provide?

A patent grants the holder the exclusive right to make, use, and sell an invention for a certain number of years. The specific rights granted by a patent depend on the type of patent and the jurisdiction in which it was granted. In general, however, a patent provides the holder with the right to exclude others from making, using, selling, and importing the patented invention without the patent holder’s permission; to license the patented invention to others for a fee; to sell or assign the patent to others; to use the patented invention to make and sell products or offer services

How long is a patent valid in the Indian system?

The length of a granted patent is 20 years from the date the application was filed. However, for applications filed under the Patent Cooperation Treaty (PCT), the patent term is 20 years from the international filing date as designated by the PCT.

Does National Patent give protection worldwide?

No, patents do not provide protection worldwide. Instead, patents are granted by national or regional patent offices, and the rights they grant are limited to the country or region in which the patent was issued. In order to obtain patent protection in multiple countries or regions, an inventor must apply for a patent in each individual jurisdiction. There are several international treaties and agreements that allow inventors to file a single application and have it recognized in multiple countries, such as the Patent Cooperation Treaty (PCT) and the European Patent Convention (EPC), but these systems do not grant a single, worldwide patent. In order to obtain protection in multiple countries, an inventor must still file separate applications with the relevant national or regional patent offices.

What can be patented?

In general, any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, can be patented. In order to be eligible for a patent, an invention must be novel, non-obvious, and useful. This means that the invention must be something that has not been previously known or used, and it must provide some new and useful function or benefit.

Who can apply for a patent?

Generally, anyone who invents or discovers a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may apply for a patent. In order to be eligible for a patent, the invention must be novel, non-obvious, and useful. In the event of the inventor’s death, their legal representative may also apply for a patent on their behalf.

Is patent application once filed examined automatically?

A patent application is not automatically examined upon filing. Examination of the application only occurs after a request for examination has been received in Form 18, either from the applicant or a third party, or in Form 18A for expedited examination (under the conditions specified in the rules).

What are the types of applications?

There are different type of patent Applications. i.e Provisional Application, Ordinary Application, Convention Application, Pct International Application, Pct National Phase Application, Patent Of Addition, Divisional Application

what is a provisional patent application?

A provisional patent application is a type of patent application that allows inventors to establish an early effective filing date for their invention while they continue to work on developing and refining it. Provisional patent applications are not examined by a patent office and do not result in the grant of a patent. Instead, they provide a way for inventors to secure an early effective filing date for their invention, which can be important for establishing priority over other inventors who may be working on similar inventions.