Intellectual property has long played an increasingly important role in today’s technology-driven society. Patents are a valuable asset to any company. As a result, an organization’s inventive strength may be judged by its patenting activities. The corporation is increasingly demanding not just in terms of the number of patents but also in terms of the quality of patents. The patent grant is a lengthy procedure that includes many tests on the uniqueness, non-obviousness, and industrial usefulness of the invention.
If you have produced or invented a technique, product, or service that may be classified as an original innovation, you should have it patented. By patenting your invention, you prevent your rivals from benefitting from something you produced. If you need to register a patent, you may use this step-by-step tutorial that walks you through the whole patent procedure in India.
Should I Seek Help from Professionals?
Two ways to file a patent in India: on your own or with the help of a patent-filing specialist or agency. Because you must meet many deadlines, it is advised that you choose a professional/agency with years of expertise. Also, before disclosing your innovation, demand the professional sign a non-disclosure agreement (NDA).
Because the patent filing procedure is time-consuming and difficult, most inventors use patent filing specialists or agencies. Because they have years of expertise, individuals or businesses demand a price. They can handle the patent filing procedures on your behalf.
Process of Filing your Patent in India
- Know More About your Invention
This is the first stage in the process for an innovator who wants to proceed with his or her idea. Obtaining as much information as possible is absolutely critical. Some essential issues that the inventor must consider include: what is the field of the innovation, what are the benefits, and how will it aid in the improvement of previously existing solutions. Not every invention qualifies as a patentable subject matter. Section 3 of the Patents Act specifies the types of subject matter that are not patentable.
- Patent Search and Drafting
The inventor must perform a patentability search after gaining clarity on the innovation. This is crucial since it will assist in determining whether or not the invention is new. The Patents Act stipulates that all creations must be unique. Following a thorough search and creating a patentability report, you may examine the patentability opinion.
The patent search discovers the most closely related previous arts (publicly available) to the invention and, based on the results, determines if the invention is patentable.
- Fill the Patent Application Carefully
This is when the real work begins. Following the writing of the patent application, it may be filed with the government patent office using Form 1 as the application form.
The patent application number would be printed on the receipt.
If the innovation is still in its early stages, you might file a provisional patent application under Form 2. Filing a provisional application has many advantages, such as it allows you to obtain a previous filing date, essential in the patent industry. In addition, one is given twelve months
- Announce Publicly
The application will be published after 18 months from filing if the entire specification is filed.
There are no particular requirements for posting from the applicant. If the applicant does not wish to wait until the 18-month period has passed, he or she can file Form 9 with the required costs and seek early publishing. In most cases, the patent application is published one month after the request for early publication is made.
Legalities Under Patent Registration
Rule 24 of the 2003 Patent Rules: The time during which a patent application is not typically available to the public under sub-section (1) of section 11A is eighteen months from the date of filing or the date of priority of the application, whichever comes first. Provided, however, that the period within which the Controller must publish the application in the journal is ordinarily one month from the date on which the period expires.
Requests for publication under section 11 A, subsection nine are made using Form 9. After a patent has been published, anybody can oppose it being granted. A pre-grant objection is what it is called. When a patent application is published but not granted, Section 25(1) of the Patents Act, 1970 states that any person may object to the grant of a patent in writing to the Controller for the grounds stated in Sections 25 and 26.
- Ask for Through Examination of the Patent Application
Unlike publication, the examination is not an automated procedure; the applicant must request that the patent office examine the patent application. Under Form 18, you must file the usual request within 48 months after the date of the application’s filing. Upon receiving such a request, the Controller assigns the application to a patent examiner, who reviews it using several patentability criteria, including originality, non-obviousness, inventive step, and industrial applicability.
- Response to the Objection
The applicant must respond to the patent office’s objection in the form of a First Examination Report.
The applicant must reply to the objection expressed in the examination report in writing. The applicant can show that the invention is patentable and disprove the entire argument. If necessary, physical hearing or video conferencing might be ordered.
- Get your Patent
Following the resolution of all objections, they would submit the application for the grant if it was determined to fulfill all patentability conditions, and the applicant would be given the patent. The patent grant is announced in the patent journal, which is published on a regular basis.
Any interested individual may file a post-grant opposition by submitting a notice of opposition to the Controller within 12 months of the date of publication of the patent award—section 25(2) of the Code of Federal Regulations.
Prateek is a practicing Patent Attorney in India. He is a qualified Electronics & Communication Engineer and an Advocate. He has more than seven years of experience in the domain of Intellectual Property (IP) more specifically in Patents and Designs and has worked with local and overseas clients to protect their IP rights.
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