Procedure for Patent Registration in India: The complete procedure for patent registration in India takes anywhere between 3 to 5 years and involves a series of mandatory steps. However, one needs to follow the steps within prescribed timelines to get a patent in India. Also, failure to avoid such deadlines can also lead to loss of your patent application.
In this post, we will discuss in detail the procedure for grant of a patent in India.
Procedure for Patent Registration in India: Steps involved
The procedure for patent registration in India starts even before filing a patent application with the patent office in India.
Patentability of the invention by performing a search:
The advantage of a search is it provides a good idea of the merit of the invention. Furthermore, based on the references (prior art) during the search, you must ensure to avoid patent infringement.
Drafting a patent application:
The next step is to prepare an Indian patent application (Form 1). If the invention is still in the development mode, it is a good idea to quickly file a provisional application. Additionally, it is best to work with a patent agent with the expertise of working in patent applications.
Filing the patent application in India:
Once you draft the patent application, the next step is to file the patent application in India. It helps in securing the filing date. Also, if you are filing a provisional application first, you need to file the complete application within 12 months from the provisional filing date.
Publication of the patent application:
Every patent application which one files with the Indian patent office is kept as a secret. The patent office discloses the invention when it publishes it in the official patent journal. So, Indian patent office will publish patent applications ordinarily after 18 months.
Examination of the patent application:
This is the next step in procedure for patent registration in India. The examination process examines your patent application on merits of the invention as one claim in the patent specification.
Request for examination:
In the Indian patent system, one needs to make a request to the patent office to process the application to the Examination stage. Also, the filing of request for examination must be within 48 months from the date of priority.
Examination process (Objections by examiner & responding to objections):
During the examination process, the examiner will scrutinize the application to ensure that the application is in accordance with the patent rules. Based on the review of the application, the examiner will issue an Examination Report to the applicant, stating the grounds for objections.
Grant of patent:
Once, the patent application overcomes all the objections, the Indian patent office grants the patent and publishes it in the patent gazette.
Renewal:
Once the applicant gets a patent grant, he needs to renew it every year by paying the renewal fee. Also, one can renew patent in India for a maximum period of 20 years from the patent filing date.
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