Indian Patent Filing: Procedure & Requirements

In today’s technology-driven culture, intellectual property has always played an increasingly important role. There are numerous advantages to having intellectual property. It can convert a concept into a profitable asset, increase the market worth of a company, and even assist raise funds. If you have created or invented a process, product, or service that can be classified as an original innovation, you should have it patented. Patenting your innovation stops others from earning from what you made.

Let’s have a look at the steps involved in filing a patent in India.

Step 1: Determine whether your invention is patentable

Before filing a patent application in India, one should perform a detailed patentability search to determine whether a patent for it will be available or not. You can use the link to conduct the patentability search.It is to be noted here that this step in itself is not mandatory.

Step 2: Patent Search and Drafting

Patent Search

Following clarification of the invention, the inventor must do a patentability search. This is significant since it will aid in determining whether the invention is new or not. The Patents Act requires that all inventions meet the novelty criteria.
After completing a thorough search and preparing a patentability report, the patentability opinion can be considered. The patentability search discovers the closest potential previous arts (publicly known) relevant to the invention and provides an opinion on the patentability of that invention, which might be positive, negative, or neutral. Nonetheless, the application can be filed straightaway, but a patentability search is highly suggested.

Drafting

You can now start working on your patent application. Indian applicants must complete the Indian Patent Application Form 1. A Form 2 patent specification must be submitted with each patent application. Depending on the stage of innovation, you can file a provisional or complete patent application. This means that you must file a provisional patent application if you are still testing your innovation. You have 12 months to complete the innovation and file for a full patent.
When creating your patent application, you must pay close attention. Your patent application should include detailed terms about the usability and consequence of the innovation. You should also include the essential provisions, such as your plan to license your idea and prohibiting competitors from utilizing and benefitting from it. Be cautious, careful, and mindful to include terms that forbid competitors from exploiting your technology while drafting your patent application.

Step 3: Filing the patent application

Your patent application must include many application forms. According to the patent filing method in India, you must submit all of the forms listed below.

Links to all forms and an applicable fee is http://www.ipindia.nic.in/form-and-fees.htm

Form 1 – Application for patent grant

Form 2 – Patent specification form (provisional or complete)

Form 3 – Undertaking and statement with regards to foreign applications under section 8 (mandatory only in case a corresponding application for patent is filed in a foreign country)

Form 5 – Declaration of invention to be filed with complete application

Form 26 – Form authorizing patent agent (applicable only if you opt for an agent to help file the patent)

Form 28 – Mandatory only if applicant is claiming small entity or start-up status

Priority Documents – You need to provide priority documents only if priority is being claimed from a foreign patent claim or application.

Step 4: Publishing the patent application

From filing the complete specification, the application is published 18 months after the filing date. There are no particular requirements for publication from the applicant. If the applicant does not wish to wait the whole 18 months, he or she can file Form 9 with the specified fees to request early publication. The patent application is usually published within one month of the request for early publication.

Step 5: Examining the patent application

Before your patent is issued, it must be substantively examined. The merits of your invention as claimed and specified in the patent specification form are thoroughly assessed under the guidelines of the patent application process in India. Unlike the publishing process, this is not an automated process, and the applicant must file Form 18 to request that their patent application be examined. The application is queued for inspection by the patent office only after a formal request for examination is filed. You can also speed up the process by completing and submitting Form 18(A).

When an application reaches the desk of an examiner, it is inspected in accordance with the Patent Act and underlying guidelines.

To guarantee that the invention meets patentability criteria, the patent examiner searches for related technology.
After examining the application, a first examination report (FER) is submitted, together with any grounds for objections.
The examiner elaborates on his objections. This can add another 6 to 9 months to the application process. Examiner objections are extremely common in the case of patents.
If the inventor has to make revisions to his or her objection, he or she can submit Form 4 to obtain a time extension.

Step 6: Respond to the Objections

The applicant must react to the patent office’s complaint through the First Examination Report. The applicant is required to respond in writing to the objection expressed in the examination report. The applicant can demonstrate the patentability of the invention and attempt to dismiss the entire objection raised. Physical hearings or video conferencing can also be requested, depending on the circumstances.

Step 7: Grant of Patent

After addressing any objections, the application would be submitted for grant once it was determined to meet all patentability conditions, and lastly, the applicant will be granted the patent. The grant of a patent is announced in the patent journal, which is published on a regular basis.

Step 8: Renewing the Patent

In addition, the patent holder must renew his patent by paying an annual renewal fee. In India, you can renew your patent for a maximum of 20 years from the date the patent was first filed.