Any Indian citizen, organization, business, or any international client holds the eligibility to file a patent in India, on an individual basis or joint basis. There is a provision that not only the true inventor has the authority, but also an assignee has the authority to seek for patent protection in India. In case of an assignee, he/she is required to submit a proof of assignment along with the patent application.
After the amendments of the patent norms, a patent application can now be filed only through the online mode [E-Filing] at any of the four patent offices (New Delhi, Chennai, Mumbai, and Kolkata) in India, depending upon the location of the applicant, business, etc. But, once the location gets fixed and appropriate office is decided, it cannot be changed. Filing a patent application is the very first step towards securing the invention.
The following are the two types of patent application depending upon the applicant’s requirements:
- Provisional (incomplete or preliminary application) application: Generally filed, if some improvements are yet to be made in the final application. Since it gives a buffer period of 12 months, after which complete specification has to be filed. Go through the checklist
- Non-provisional (complete or secondary application) application: Generally filed, when the final amendments are made, and one has reached to the desired limit with their invention, i.e. when all the claims and specifications are ready to be made.
Out of the two, the provisional applications are generally filed. While in the case of PCT or convention application, there is only a provision for filing complete specification. And filing an application with complete specification gives the Controller, the authority to convert the complete specification into a provisional one when requested. Also, in case of submitting complete specification followed by a provisional specification, the Controller on request can post-date the date of documenting to the date of the complete specification.
Are you a Startup? If Yes, then you must know these three precautions, while filing a patent in India.
Patent Requirements to file Patent in India
Patent eligibility comprises of the five basic elements, which are as follows:
1# Subject matter: It includes all subjects related to any process, machine, electronics, business processes, fabrics and fabric designs, matter composition, equipment of sports, computer hardware and software programs, medicines, man-made bacteria, and human genes that are identified and isolated. This does not include patenting of natural laws or universal facts, such as monsoon rain, etc.
2# Novelty: The stated facts and description must be completely novel or new. Even if some parts are taken from existing projects or facts as a base study, then the derived invention must truly be new, meaningful, and unique.
3# Non-obvious: The stated facts cannot be considered as an invention if it is simply a next logical step derived from an existing patent.
4# Non-disclosure: The patent must not be disclosed or stated, produced or presented on social media, or news bureau or any sort or public disclosure before filing an application for it.
5# Usage: The main focus of patenting any invention is to bear a certain utility i.e. invention must be useful.
Are you eligible to apply for a patent in India? Read: “Who can apply for a patent in India?” to know the answer.
Patent Filing Procedure
In the year 2007, the Indian Patent Office has introduced the E-filing mode to file patent applications in India. As per the Patent Rules 2016, there is no provision to file a patent application in any of the four Indian Offices manually. This law became effective from 16th May 2016, after which the Offices are no longer accepting the offline application filing.
Also, learn about the complete procedure to file patent in India, using the E-filing.
A patent application can be filed
- By means of the national Phase PCT application or
Note: The applicant can document complete specification only.
- As a conventional application.
Note: The applicant can document complete specification only.
Are you sure you have all the patent documents? Learn Here: What are the documents that are required to file a patent application in India?
Patent Specifications
| Provisional Specification | Complete Specification |
|
|
Title: The title is a word or an expression demonstrating the content of the innovation.
Abstract: It is composed in short passage precisely describing the creation. However certain points should be borne in mind while drafting an abstract.
Detailed Description: The vital piece of the application is the detailed description. Basically, it contains the entire and expands detail of the innovation. It begins with a foundation of the innovation leading to explaining of the creation completely and clearly, with the assistance of illustrations, and models.
Drawings: The description may be supplemented with illustrations for a clear picture.
Samples or Models: In case the inventor desires or an examiner demands, models may be submitted to the patent office. The model will provide a better understanding of the invention.
Enablement and Best Mode: The candidate needs to empower his creation keeping in mind to allow a man with common expertise in the similar craftsmanship to make and work the development. The applicant should enable as well as describe the best method of completing the creation.
Claims: The claims characterize the measure and limits of the development. They are the most imperative components in the patent application.
Deposit: If in the event that a creation includes microorganisms, which can’t be described in written, a sample of the microorganism must be deposited at a recognized international depository. A recognized international depository is situated at Chandigarh, in India.
Patent Application Forms
| Form Type | Description |
| Form 1 | Patent grant application form, that includes:
|
| Form 2 | Complete specification form that describes the invention in detail. |
| Form 3 | Statement and undertaking form, that includes
|
| Form 5 | Inventorship declaration form declares the inventors of the subject matter. |
| Form 9 | Request publication form (optional) to publish patent application form within one month of its filing. |
| Form 18 | Request examination application form that indicates that the application is ready to be examined. |
| Form 26 | Patent agent authorization form (if filed through a patent agent) |
Also Read: Cost incurred in filing a patent application in India
Note:
- A Provisional specification cannot be documented if in the event that an application has been documented in a foreign nation.
- A complete specification must be documented within a year of documenting the provisional specification.
- Every specification must contain a single invention.
- In case more than one innovation in the specification, different applications must be petitioned for every creation.
- In the event that an Indian application has corresponding foreign applications, at that point, the individual must inform the controller about the status of the foreign application.
For a further walk through of process in depth, write to us on info@yourpatentteam.com for more services and free expert consultation.
Related Resources:
- When is the best time to file a patent application in India?
- Find out the advantages of obtaining a patent in India.
- Is it Possible to Patent a Mobile Application in India?
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