A patent grant is an exclusive right that protects the invention of the applicant. Patenting in India starts with performing patent searches before patent application filing. After determining the novelty of the invention, one can file the patent application with the Indian Patent Office. The patent application filing can be in any of the branches that are Delhi, Mumbai, Chennai or Kolkata. One can file the patent application as the provisional application or as the non-provisional application depending upon the status of the invention.
Patenting in India: Key Steps
It would be easier to explain the patenting in India in steps. Step by Step Procedure for patent registration in India is:
The first step of patenting in India is the patent search. Patent search helps the patent applicant to make sure that the invention is new and avoids patent infringement. That is why prior art of an invention is very important. Generally, it is safe to do patent searches before patent application filing. If an invention is found in prior arts, then the Indian Patent Office can challenge the novelty of the invention.
This is the next steps of patenting in India. Once the search is complete, the next step is to prepare an application form in form 1. Each application consists of patent specifications to describe the technicalities of the invention. The description must be present in form 2 where one has to provide the complete specification of the invention.
After drafting, you need to file the patent application to proceed further. You can either file a provisional or a non-provisional application with the patent office. If the invention is still in the development mode, it is a good idea to quickly file a provisional application. It is best to work with a patent agent having the expertise of working in patent applications in your area of technology.
Publication of application:
Upon filing the complete specification along with the patent application, the publication of application takes place after 18 months of first filing. One can make an early publication request if you do not wish to wait till the expiry of 18 months. The Indian Patent Office publishes the application in the Official patent journal.
Request for Examination:
This is one of the important steps of patenting in India. The patent office only examines the patent application after receiving the request for an examination that is RFE. Upon receiving this request the controller gives your patent application to a patent examiner who examines the application with different patentability criteria.
The majority of the patent applicants receive some type of objections in the examination report. Therefore, the best thing is to analyse the examination report with a patent professional, creating a response to objections present in the examination report.
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The application would get a patent grant once it is found to be meeting all patentability requirements. The patent office notifies you with the grant of patent in the patent journal which they publish from time to time.
Related Article: Who can apply for a patent in India?
Why Choose Us? – Your Patent Team
It is essential for the patent applicant to file his patent application in order to secure the invention. If you are looking for patenting in India, Your Patent Team (YPT) is your one-stop destination. YPT is an exclusive group of the world’s leading technology experts. Our professionals have an in-depth understanding of the working style of each of the four patent offices in India. The experts utilize their experience to help you complete the patent filing process effectively. YPT is trusted alike by industry association for its quality services. Our professionals have expertise in Indian patent laws and patent filing to the core. We will assist you with all the steps involved in the procedure of the patent grant.
To avail our services, Visit Your Patent Team.