Registration of patent in India is a serious work which needs years of experience and sound technical knowledge of the subject matter.Registration of patent in India is a serious work which needs years of experience and sound technical knowledge of the subject matter. To register a patent an application is filed for the invention which is new, novel and which has not been disclosed anywhere prior to filing the application of patent before the office of the controller of patents in India. In India invention of new goods or industrial process can be filed. The main eligibility for an invention for grant of the patent is the existence of inventive steps, and which is non-obvious. The industrial applicability is another important feature and finally, the invention must be commercially beneficial, in other words, the claims of Invention must indicate effective value.
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Documents needed to get patent registration in India
Patent application in form-1
Proof of right to file the application of patent. This proof could either be attached at the end of application or along with it.
Statement and undertaking under section-8 in form-3 (if applicable).
If patent application is filed by patent agent, then power of authority in form-26.
The source of geographical origin should also be included in the case of biological material used in the innovation.
If complete specifications is not available, then provisional specifications.
In the case of provisional specifications, then complete specification in form-2 within 12 months.
If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.
Check if the invention is patentable or not in terms of the Patent Act, and confirm whether it is new and has not been published prior to filing with the patent office.
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Specification Drafting
Write down your invention (idea or concept) in maximum detail possible, Use drawings, diagrams, sketches to explain how Invention works and specify its claim.
03
Filing of Patent
The patent can be filed in India with the provisional specification or complete specification, However, in any case, the complete filing must be completed within 12 months.
04
Patent Office Activity
The patent is examined and published by the patent office and if no objection is received from the examiner or if no third party opposition, the patent is granted.
Types of patent applications in India
01.
Ordinary application:
This type of application is carried out when there are not any application or reference to any other application under process in the Indian Patent office. The priority date and filing date are the same for ordinary application.
04.
PCT National phase application:
You can file this application within 31 months from the international filing date.
02.
Conventional application:
If an inventor has already filed a patent in other country and now wishes to do the same, then this comes under conventional application. It is mandatory to file the application for Indian patent within 12 months of first filing it.
03.
PCT International application:
PCT International application lets you to file the patent application in multiple countries and you can file it in up to 142 countries. It could take between 30-31 months from the international filing date to enter and claim protection in each country.
FAQ's
What is Prior art search ?
Prior art search is a process to find any evidence that there is a previous knowledge of the invention before the date of filing of the patent application. To be patentable, the invention must be new and no prior art should exist
What is Provisional Application Filing?
Provisional patent application filing means, disclosing the preliminary details of the invention to the patent office. We strongly recommend filing a provisional application of Patent immediately after the invention is conceived. So, that even if it is leaked it should not create prior art against the invention being applied. The provisional application must contain the maximum possible disclosure of the invention.
What is a Complete Specification?
When a patent application is filed in India with the provisional specification, the complete specification must be filed with drawings and claims of the invention within 12 months of original filing. The final specification must be drafted in such a manner that a person of same or similar skill must be able to make the goods or perform the industrial process after reading the specification.
What is Examination of Patent?
After filing the complete specification, a request for examination of Patent must be filed. There is an alternate method for express examination of Patent. After examination, the patent examiner comes up with an examination report with the findings on patentability and prior art search.
What is the publication of a patent?
The publication of Patent is done upon request after the expiry of 18 months. However, an early publication request can be made to the patent office. So, that it is advertised within 4-5 months
Can a published or disclosed invention be patented?
No, once the invention is in the public domain, it cannot be patented anymore. Inventors should not disclose their inventions before filing the patent application.
