Procedure for Patent Application Filing in India: Filing a patent application in any of the global IP offices is the first and foremost step towards securing a patent towards an invention. For a patent application filing, one has to submit a set of forms to the patent office. This procedure can be done by both online and offline method. The online method includes submission of the form along with a class 3 digital certificate whereas for offline method one has to send the hard copies to the patent office.
What is a class 3 digital certificate?
A class 3 digital signature certificate is the upgraded version of class 2 digital signature certificate. A digital signature certificate authenticates an individual’s identity electronically. It also provides a high level of security for online transactions along with absolute privacy of the information exchanged using a digital certificate. Digital certificates can be used to encrypt information such that only the intended recipient can read it. The information can be digitally signed to assure the recipient that it has not been changed in transit, and also verify the sender’s identity of the message.
Drafting a patent is the important and crucial part in any patent filing application. Your Patent Team is a team of technology and industry experts, who speak inventor`s language and have deep understanding of Indian and Global patent laws with a unique understanding of global and industry wide IP best practices. Applications are furnished keeping in mind the current state-of-the-art and all possible future infringements. The draft is formatted in accordance with global standard to make it cost effective for people willing to change their draft to foreign formats. Patent Filing encompasses various steps which are carefully executed by experts in YPT abiding by the law. It comes in various packages to fulfill the inventor’s requirements – Conventional Application Filing in India, Complete Package for Patent Application Filing in India, Complete Patent Application Filing and Drafting, Provisional Patent Application Filing and Drafting.
Procedure for Patent Application Filing in India: Forms
For filing a patent in India, an inventor has to submit the following forms:
Form 1 – Application for Grant of Patent
The name suggests that this form is drafted for the grant of patent in India. In this application the individual has to furnish all the basic information such as name and address of the inventor, name and address of the applicants. It should include area of invention, description of the invention in as much elaborate way as possible, how the invention works and its advantages. The application should also include information corresponding to prior patent applications relating to the current invention, which the inventor or any authorized entity has filed, and some declarations, among other information.
For the inventors who have worked on the invention during research and development phase should have something call lab record duly signed with date by inventor and respective authority which needs to submitted along with the application.
Form 2 – Provisional/Complete Specification
This form is used to submit the patent specification. Drafting a patent specification is a highly skilled job which can be done by experienced professionals having expertise in both technical and patent law domain. The filing options can again be divided into 4 broad categories as:
A Provisional Patent application is filed when the invention is still in its experimental stage. This option provides the facility of protecting the inventor’s invention temporarily. The date on which the first patent application of the invention is filed is known as the Priority Date. The knowledge available in public domain before the Priority Date is known as the Prior Art. Prior Art helps the patent office to determine whether patent can be granted to an invention.
The provisional patent application has a pendency period of 12months within which the Complete Patent Application has to be filed. Failure to do so leads the provisional patent application to be treated as abandoned. The provisional patent application filing comes at a quite low cost.
While filing a provisional patent specification the preamble that should be used in the first page of Form 2 is:
The following specification describes the invention
The primary difference between Provisional Patent Application Filing and Complete Application Filing is that of the Claims section. Claims define the scope of the invention and describes what the inventor wishes to protect in the invention. This Claims section is absent in the Provisional Patent Application Filing. A complete patent application can be filed in the first place or within 12 months from the Priority Date.
While filing a complete patent specification the preamble that should be used in the first page of Form 2 is:
The following specification particularly describes the invention and the manner in which it is to be performed
If an inventor wishes to protect his/her invention in a foreign country then any of the below mentioned methods have to be followed:
To file a provisional application in any convention country (secure a priority date) and file a complete application in each of the foreign countries in which the invention is to be protected within 12 months from the priority date.
To file a complete application in any convention country and secure it with a priority date
- The things worth remembering while filing a PCT application are:
- Only Complete Patent Application is accepted as PCT Applications.
- A PCT application can be filed in the patent office of the inventor’s country.
- By filing a PCT application, inventor gets 30 months duration (sometimes even 31 months depending on the country) from the priority date to file patent applications in each country in where they wish to protect their invention.
Form 3 – Statement and Undertaking under Section 8
Form 3 is used to furnish information/actions relating to patent applications filed in other countries for the current invention. In addition to this information relating to the rights that corresponds to the present patent application is also requires to be submitted. The inventor also needs to undertake to keep the patent office informed while writing the details regarding corresponding applications for patents filed outside India
Form 5 – Declaration as to Inventorship
This application is used to declare the inventors of the subject matter sought to be protected using the current patent application.
Form 9 – Request for Publication
Not filing this form will cause the patent office to publish the patent application 18months after the priority date. Filing up this form can enable to publish the patent specification within 1 month from filing this form. It is to be noted that the patent rights start from the date of publication of the patent application
Form 18 – Request for Examination of Application for Patent
The patent office will not consider a patent application for examination unless this form is filed within 48 months from the priority date. In order to make it happen sooner, it is always advisable to file Form 9 and Form 18 at the initial stage.
All the above steps to be executed are handled with utmost diligence at YPT to make the overall procedure cost-effective and simultaneously providing the strongest and broadest possible protection.
Mistakes which might prove fatal while filing a patent application Patent Application Filing in India