Patent Filing Procedure in India

Patent Act was introduced and implemented to ensure the security of the intellectual property of innovators, creators, designers or others like companies and businesses having enormous properties like new designs for the implementation of new works like advanced mechanisms, software, chemical composition for certain works, and others literature that can directly benefit the humanities or environments. Apart from that, It must be considered that the patent ACT 1970 has various types and limitations which need a brief interpretation, such as where the patent rules are applicable, what will be charges, validity, and procedures for the renewal, therefore, let’s discuss in brief for the better understanding of the steps for the patent filing in India and let’s get acquainted with the patent rules and steps.

Understanding Patents

The term Patent basically signifies the ownership of the person, or company on certain novel ideas or techniques which can be utilised for the desired purpose. It can be some design or mechanism that can help in creating some products, some chemical works like medicines or drugs for the betterment of health or other creative works, and finally, after filing a patent, the person or company can sell this innovative thing with their name in a limited period i.e., as per the duration of the patent. Before that, there are different steps to filing in patent application procedure and you must go through them if you are willing to file the patent.

The Significant Steps Involved in Patent Filing

Ensuring Patentability and Research

  • Accomplish in-depth research on the innovation and list out all the specific phenomena of your creativity to ensure that it has novelty and the ability to facilitate desired functions with machines and other.
  • Get the details from the experts for the research.

Preparation of the Patent Application:

  • Enumerate all the details and specifications of your design that can reveal the significance of your products. With the explicit details it will certainly help you be ensued for the patent.
  • Explicitly explain the utility of your products that can be useful for the humanities.
  • Follow the specific format and structure of the language of the Indian Patent Office.

Filing the Patent Application:

  • Submit the patent application to the Indian Patent Office (IPO) with all the necessary documents and fees.
  • You can file either a provisional or complete specification. A provisional specification provides a basic description of the invention, while a complete specification includes a detailed description and claims.
  • The IPO assigns a filing date to the application.

Publication of the Patent Application:

  • The patent application is generally published after 18 months of the filing date. It allows the public to access the invention details.

Request for Examination:

  • You must request an examination of the patent application within 48 months of the application. This initiates the assessment process by the patent examiner.

Examination Process:

  • The patent examiner evaluates the application for patentability based on novelty, inventive step, and industrial applicability.
  • If objections arise, the examiner issues a First Examination Report (FER) detailing the grounds for rejection.
  • You have the opportunity to respond to the objections and submit amendments to the application. Where the Indian patent application status can be analysed easily.

Grant of Patent:

  • If the examiner finds the invention patentable, a patent is granted.
  • The patent is valid for 20 years from the filing date.

Patent Maintenance:

  • The renewal fees must be paid to maintain the patent in force.

Additional Considerations

  • Professional Assistance: Consider hiring a patent agent or attorney to navigate the complex patent process.
  • Foreign Filing: If you intend to protect your invention in other countries, explore the possibility of filing patent applications in those jurisdictions as well.
  • Patent Infringement: Be prepared to protect your patent rights in case of infringement.

Conclusion

Overall, patent filing applications can be ensured with all the details of your innovations and their applicability and utilities. And with all the details you can submit the application to the patent office with the critical analysis and examination. Once your application is approved you can get the patent of your products i.e., you will have complete right to sell and supply your products. And it can be ensured with all the processes and steps of the patent application in India. So, it is better to consult some trustworthy firm or lawyer to accomplish your process.

Leave a Reply

Your email address will not be published. Required fields are marked *