A Detailed Guide on Patent Filing Process in India
The number of patent applications has abruptly increased all thanks to the crucial initiatives taken by the Indian government to support entrepreneurs and innovators. This has led to increased interest in patent filing in India and patent companies in India are receiving a huge number of patent applications every year. In order to protect themselves against infringements and possible rivals in the market, as well as to further benefit from dominant and exclusive economic profits, entrepreneurs and startups are eager to get their ideas patented. As a result, more people are aware of the importance of submitting patents.
This article will explain the steps involved in filing a patent in India and give a general overview of the process.
Process of Patent Registration in India
- Filing a patent
Patent applications can be submitted online or in person at the patent offices in Chennai, Delhi, Mumbai, and Kolkata, respectively.
Application types:
- Provisional application: When an inventor’s idea is still in the research and development phase, they typically choose to use provisional application. The innovation is briefly described in the specification document. Nonetheless, within a year of submitting the provisional application, the inventor must submit the full patent description document.
- Full application: An inventor may submit a complete request for a patent if he owns the entire invention at the time of filing. The Indian Patent Act’s Chapter III, Section 10 describes the specification document’s format.
- Publication
The application is published in the patent journal by the patent office eighteen months after the submission or priority date. The person submitting the application does not need to take any action in order for this publishing to occur. Nonetheless, the applicant may use Form 9 to request a prior publication. In these situations, the Office typically publishes the patent in a month after the request.
- Request for Examination
The applicant must submit an examination request following the filing of a patent application. Form 18 can be used to submit this request, and the controller will forward the request to the patent examiner for additional review. Usually, 48 months after submitting the application or priority date, the applicant needs to submit the request for examination.
- Patent Examination
Within a month after receiving the request for examination, the Controller will forward the file to the examiner. In order to verify that the innovation is patentable and satisfies with the Patent Act, the patent examiner will first carefully review the patent. Additionally, within two months of obtaining the file, the examiner will provide the applicant or authorized agent with the First Examination Report (FER).
- Examination response
The applicant has six months from the date of the examination report to address any objections raised in the FER following the completion of the patent application examination. Sections 9, 10, 57, and 59 of the Patents Act, 1970, which enumerates the format-related requirements of the specification, drawings, and additional attachments of the Patent Application, may also include some objections in the FER which must also be addressed. If your response to the FER is not correct, slow or not proper, it is quite possible that your patent application can suffer.
- Patent Grant
The patent office awards the patent and publishes it in the patent gazette when the application has successfully addressed all of the complaints. Notification of the approval of the application and a grant certificate is sent by email within seven days of approval.
- Patent Renewal
In order to maintain the patent’s validity, the renewal fee must be paid at the end of the second year from the patent date or in any subsequent year.
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