How to Register Patent in India?


Easy 10 Steps to Register Patent in India 

Step 1: Collect all the details of the invention covering the entire major and minor details as possible, for example, area of invention, description of the invention, operation and working of the invention, and advantages of the invention.

Step 2: Incorporate illustrations, diagrams or portrays of the invention for a better clarity and explanation of working of invention. The illustrations and graphs ought to be planned to clarify the working of the innovation in better route with visual drawings.

Step 3: Conduct a search on the patentable subject matter of the invention. All developments may not be patentable; According to Indian Patent Act there are inventions that are not patentable.

Step 4: Conduct a patentability search. A patentability search is conducted to determine whether an invention fulfills the patentability criteria according to the Indian Patent Act,

  • Novelty
  • Non-obviousness
  • Industrial application

The patentability report and conclusion encourages you choose whether to proceed with the patent or not. In certain cases, it is possible that the invention you thought as novel might already exist as a patent. Thus this reports assist in saving time, endeavors and cost of the creator by helping them to choose whether to proceed with the patent recording process or not.

Step 5: Draft (compose) patent application (Form 1). If you are in the early phase of Research & Development (R&D), then filing a patent specification (Form 2) would be ideal. The perks of provisional application help to secure a filing date, provide 12 months’ time to file complete specification and save money.  At the final stage of R & D, where the documents and development is complete, there a prototype and experimental results can be used to act as evidence for the patentability criteria’s, then a complete specification is filed (Also read our article on ProvisionalArticle and Complete SpecificationArticle for more knowledge).

Patent application is documented in India:

  • Provisional application: It is documented without any claims and its primary reason for existing is to guarantee a priority date.
  • Complete specification: It is documented within a year from the date of the priority application. This document contains a set of claims build for seeking protection.
  • PCT application: It is documented within a year from the priority date to all the assigned nations under PCT, unless determine by the candidate.
  • Conventional application under Paris Convention: It is documented in India within a year from the date of documenting of the priority application.
  • National phase application through PCT: It is documented in India inside 31 months from the date of documenting of the priority application.

Step 6: Publication of the application. After filing an application with the complete specification, it takes 18 months to publish the application. However, if you desire an early publication of the application form, a request can be filed. After the request is filed, within a months’ time, the patent application is published.

Step 7: Request for examination (RFE) An examination of the patent application only occurs when a Request for examination is filed. Up on accepting this demand the controller gives your patent application to a patent analyst who examinees the patent application with various patentability criteria.

The inspector makes a first examination report of the patent application after checking on the patentability terms. Before a patent is granted, the entire event occurring in the process is called patent prosecution.

Step 8: Response to objections. Most of the patent application undergoes some type of objection. The best approach to solve this is to analyses the examination report with the patent professional and develops a response to the complaints brought up in the examination report.

You as a creator must focus on the points of patentability criteria and communicate the novelty point that your invention has over the prior existing arts.  Along with your patent agent, you must make and send a response to the examination that tries to demonstrate to controller that your development is for sure patentable and fulfills all patentability criteria’s.

Step 9: Clearing all Objection. This correspondence amongst controller and patent candidate is to guarantee that all complaints brought up in the patent application are settled and the innovator has presented his/her point and set up the patentability criteria over existing art.

Step 10: Grant of patent- The application upon fulfilling the patentability criteria’s is granted patent. The notification for the grant of a patent is published in the patent journal periodically.

Note:- In case, you have decided to use the help of patent agent, then do sign the agreement of non-disclosure agreement (NDA).