Procedure for Patent Registrations in India

Procedure for Patent Registrations in India : Registering for a patent in India requires certain steps to be followed starting from Patent Search to Grant of Patent.

Procedure for Patent Registration

Let us have a look at the steps that should be adhered upon to register a patent application in India:

Procedure for Patent Registrations in India

Stage 1: Patentability Searches

The very first step towards patent registration procedure is to find out the novelty of an invention. This is often referred to as the Prior Art Search. It is always advisable to conduct a Prior-Art Search before filing a patent application. The Indian Patent Office has the authority to challenge an applicant if his invention is found to be more or less similar to previous prior-arts. Thus a proper Patent Search saves both money and time.

Stage 2: Patent Drafting

Patent drafting is the method of writing patent claims, specification and drawings. This techno-legal document is known as Patent Specification which may be with or without Claims. A Specification without Claims is termed as Provisional Specification whereas with Claims is known as Complete Specification. According to Section 10 of the Indian Patents Act, the specification should cover the following points:

  • Detailed description of the invention along with the methodology of its performance.
  • The best method for executing the invention must be mentioned.
  • Claims that define the scope of the invention for which protection is claimed.
  • An abstract that provides technical information.

Stage 3: Patent Application Filing

The patent system in India is governed by the Indian Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003, as amended by the Patents (Amendment) Rules 2006 with effect from 05-05-2006. According to this Act, there are 6 different types of Patent application filings in India. They are as follows:

  • Ordinary Application-It is a patent application that doesn’t claim any priority of application made or non-reference to any existing application which may be under process with the Patent office.
  • Conventional Application-This refers to the application where a priority date is claimed by the applicant. The claimed application will be similar to the application filed in any other convention country. The applicant is required to file the application in an Indian Patent Office within twelve months from the date of first filing of a similar application in the convention country. As and when instructed by the Controller, the applicant will be required to submit copies of specification or documents certified by the chief of the Patent Office of the convention country.
  • PCT International Application– It is an “international application” that allows a patent applicant to file patent applications in the desired PCT member countries within 30 or 31 months from the priority date of the PCT application. This is an efficient method for applicants who seek protection for their invention in multiple countries.
  • PCT National Phase Application– An international application can enter the national phase within 31 months from the priority date of the PCT application. This is known as the PCT National Phase Application. This application is filed before the Controller in the Indian Patent Office.
  • Divisional Application– An applicant may claim more than one invention. He may thus divide the application and file two or more applications as applicable for each of his or her invention. This is termed as Divisional Application. The priority date for a Divisional Application would be similar to the one claimed by the parent application.
  • Application for Patent of Addition– in certain cases an applicant may feel that his or her invention is a slight alteration on the invention for which the applicant has already applied for patent. Here, the applicant need not pay separate renewal fee for the patent of addition during the term of the main patent. The tenure for this Patent of Addition expires along with the main patent unless it is made independent.

Stage 4: Publication of patent Application

In India, once an application for filing the patent has been done, the application shall be published for public inspection after 18 months from date of filing or priority dafte. Indian Patent Act 1970 makes it a mandate to publish the patent applications for public inspection in the official gazette. This is a chance that is given to the public to raise an objection if any.

Stage 5: Examination of Patent Application

The request for examination is to be filed within 48 months from the Priority Date or filing date of the application. An examination report is issued by the examiner after thorough evaluation of the application. The examination report generally comes with a list of objections raised by the patent examiner. The response to this report has to be filed within 12 months from the issuance of the report. According to requirement, the examiner may call the applicant for the hearing. This is known as Patent Prosecution.

Stage 6: Grant of Patent

Once an examiner is satisfied with the reply of an applicant to the previously raised objections in the Examination Report, the application is put in order for grant.  A speedy grant of patent is accomplished with the seal of the Indian Patent Office. The grant of patent is thereafter published in patent journals.  On the other hand if the examiner is dissatisfied with the reply and arguments of an applicant, then he has the authority to reject the application.

Also read, how it will be beneficial for an inventor to get a patent in India.

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