Patent Registration

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Patent Registration in India – Online Filing Process, Procedures, and Cost

About Patent – It’s Meaning

A Patent is an exclusive right granted to the inventor for an invention which is novel, inventive and should have commercial utility. A patent protects inventions. Once you get a patent on your design or invention, you can prevent anyone from copying your work without your permission. A patent also gives a monopoly to the inventors to monetize their inventions.

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What can be Patented?

The invention should be novel, should contain inventive steps and it should have a commercial utility or industrial application.

  1. Art, process, method or manner of manufacturing
  2. Machines, apparatus or other articles
  3. Substances produced by manufacturing
  4. Product patent for food, chemicals, medicines, and drugs

Steps involved in Patent filing process in India

1. Patent Search/Prior Art search:

A search or a prior art search is a preliminary process before filing/applying for a patent. Before such a right is granted, there is a rigorous check on whether the process or product is inventive/ novel. The search tells you whether other patents have already been issued that may disclose or suggest your invention.

 

2. Patent Drafting:

Patent Drafting is an art. Patent drafting is the process of writing the description and claims with regard to your application. We get the details of the invention via an invention disclosure form from the inventor where we collect information on the invention which helps our attorneys to draft the patent application which highlights the claims of the inventor. The draft includes the title of the invention, a background of the invention, inventor/s details, claims regarding the invention, drawing, and pictures, detailed description of the invention and declarations. Drafting a patent specification is a highly skilled job, which can be only performed by persons who have both technical as well as patent law expertise.

 

3. Patent Filing:

To file a patent application, a set of forms have to be submitted to the patent office. The forms can be submitted online on http://www.ipindia.gov.in/. You can either file a provisional patent or a complete specification. 

 

4. Provisional Patent:

Provisional applications are generally filed at a stage where the invention is not fully complete. Therefore, filing a provisional application allows the applicant to get an early application date. A complete specification has to be filed within 12 months from the date of filing the provisional application.

Requirements of a provisional patent:

  • A provisional patent application has to be submitted via Form 1 and Form 2 which should contain the Title of the invention, Name, Address, and Nationality of the applicants and preamble to the description.
  • The Title of the invention has to clearly indicate the subject matter to which the invention belongs
  • Drawings/photos wherever required
  • Claims cannot be included in the provisional patent as the purpose of filing a provisional patent is to get a priority date.
  • A complete specification has to be filed within 12 months of filing the provisional application failing which the application will be abandoned.
  •  

5. Complete Application:

An application filed in the Patent Office without claiming any priority of application made in a convention country or without any reference to any other application under process in the office is called a complete/ordinary application. An ordinary application must be accompanied by a complete specification and claims.

Requirements:

  • Complete specification must fully describe the invention, its operation or use and the method in which it will perform. It should contain claim/s   the scope of the invention.
  • An abstract to provide technical information about the invention
  • Power of Attorney to the Patent agent in the form of Form 26
  • Form 3 must be filed along with the application or within 6 months of filing the application
  • Form 28 along with a proof of small entity status if filed under small entity/startup.

 

 

6. Publication of the Patent application:

Publication of the application is a critical step in the Patent process as the applicant’s rights start from publication date. Typically, the application is published in the Official Patent Office Journal automatically after 18 months from the date of filing of the application or the priority date, whichever is earlier. Only complete applications are published, whereas the provisional applications unless filed as a complete specification within 12 months are neither published nor examined by the Patent Office.

There is a provision for early publication under Section 11A (2) of the Indian Patents Act, 1970, which states that “The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period by filing a Form 9 and paying requisite fees.

 

7. Request for Examination:

Request for examination is a mandatory step in the process and missing the deadline will result in the application being marked as withdrawn by the Patent Office. If the request for examination is made within the prescribed time limit, the Indian Patent office takes up the application for examination. Request for Examination can be filed within a period of 48 months from the priority date (date of first filing of the invention, can be provisional patent or complete patent / non-provisional patent) or date of filing of the patent application whichever is earlier. This has to be filed via Form 18 by paying requisite fees.

 

8. Issuance of Examination Report

Examination Report would be issued by the Patent Office any time after the Request for examination is filed. An examiner prepares a report of examination after examining the application and sends it to the controller. The Controller considers the report of the examiner and gist of objections if any is sent to the applicant in the form of a report – First Examination Report (FER).

Most common Objections raised by the Controller:

  1. The invention lacks novelty, inventive step and/or industrial applicability
  2. The subject matter of the invention is relating to a category, which is “Not an invention” as per Section 3 or Section 4 Patents Act, 1970.
  3. The claims are not written correctly and do not articulate the elements of the invention clearly
  4. The claims are inconsistent with the specification.
  5. The claims are not clear and described ambiguously
  6. The claims describe more than one invention
  7. There is a non-fulfillment of any other requirement under the Act.

 

9. Examination Report Reply:

A reply to the examination report has to be drafted very meticulously as it may jeopardize the application. If the objection is procedural then you have no choice but to comply by taking corrective actions. If the objection is technical then it can be countered by arguments and citing previous case laws and if any amendment in the claims is required. In case the objection is with respect to Novelty and obviousness, the technical differentiation with respect to prior art needs to be brought out.

 

10. Hearing with the Controller:

If the submissions to Examination report are not accepted by the Patent Office, then they will give an opportunity of being heard. The Agent on behalf of the applicant would appear before the Controller and would try to substantiate the patentability of the invention. Post hearing written submissions have to be made based on the outcome of hearing.

 

11. Grant of Patent:

After the above steps, the patent application will proceed to Acceptance or Rejection.

Official Patent Registration Fees / Costs Table

Form No

Title

Individual/Startup

MSME/small entity

Others

Mandatory/Optional

1.

Application for Grant of Patent

1600

4000

8000

Mandatory

2.

Provisional/Complete Specification

No Fee*

No Fee *

No Fee *

Mandatory

3.

Statement and Undertaking Under Section 8

No fee

No fee

No fee

Mandatory

5.

Declaration as to Inventorship

No fee

No fee

No fee

Mandatory

9.

Request for Publication

2500

6250

12500

Optional

18.

Request for Examination of Application for Patent

4000

10000

20000

Mandatory

26.

On form of authorization of a patent agent

No fee

No fee

No fee

Mandatory

 

28. 

To be submitted for claiming the status of a small entity or startup

No fee

No fee

No fee

Mandatory in case of small entity or startup

* A fee of INR 160/400/800/sheet, based on the type of applicant, is applicable for each sheet exceeding 30 sheets in a patent specification. Further, a fee of INR 320/800/1600/Claim, based on the type of applicant, is applicable for each claim exceeding 10 claims in the patent specification.

For our fees, you can get in touch by filling the form or reaching out to business advisors on +91-8939 121 121.

Timeline

The entire process might take 4 to 5 years before the Patent is Granted or Refused.

Patent validity

A Patent is valid for 20 years from the date of filing for a provisional or permanent patent, then it falls into the public domain.

FAQs for Private Limited Company Registration in India

​​What is a patent?

A patent is a legal monopoly granted by the government to an inventor, giving them exclusive rights to make, use, sell, or license their invention for a specified period.

 

What types of inventions can be patented?

Inventions that are novel, non-obvious, and industrially applicable can be patented. This includes products, processes, methods, and improvements to existing technology.

 

Why should I apply for a patent in India?

Patent protection allows inventors to prevent others from using, making, selling, or importing their invention without permission. It can also provide an opportunity to commercialize the invention.

 

Who can apply for a patent in India?

The inventor or their legal representative can apply for a patent in India. If the inventor is an employee, the employer may apply under certain conditions.

 

What is the duration of patent protection in India?

In India, patent protection lasts for 20 years from the date of filing the patent application.

 

What is the process of patent registration in India?

The process involves filing a patent application, which undergoes examination for novelty and non-obviousness. If the application is found to meet the criteria, the patent is granted.

 

What is the “novelty” requirement for patent registration?

An invention is considered novel if it is not known or used anywhere in the world before the date of filing the patent application.

 

What is the “non-obviousness” requirement for patent registration?

An invention is considered non-obvious if it is not something that would be obvious to a person with ordinary skill in the relevant field of technology.

 

How long does the patent registration process take in India?

The patent registration process in India can take several years, depending on factors such as the complexity of the invention and the backlog at the patent office.

 

Can I file a patent application internationally?

Yes, you can file an international patent application under the Patent Cooperation Treaty (PCT), which provides a unified procedure for filing patents in multiple countries.

 

What are the benefits of patent registration?

Benefits include exclusive rights to the invention, the ability to enforce those rights, potential for licensing and monetization, and protection against infringement.

 

Is there a requirement to disclose the invention during the patent registration process?

Yes, patent applications require a detailed disclosure of the invention’s technical details and how it works. This information becomes part of the public record.

 

Can I apply for a patent for software or business methods in India?

Patents for software and business methods are possible in India if they meet the criteria of novelty, non-obviousness, and industrial applicability.

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