A patent gives an exclusive right to an inventor over his or her product or process that provides a new way of doing something. To get the patent registered, the technical solution of the product must be disclosed to the public.
- Patent (₹ 2,500/- for consultation) prices to be decided after call
- Patent Search
- Provisional Filing
- Complete Filing
Why Is Patent Filing Important?
Patent filing is the first step an inventor takes to protect his/her invention
from being misused. Patent filing in India is a fairly complicated ordeal, however,
with the right legal guidance it can be done easily.
Benefits of Getting a Patent
Types of Patent granted in India
Ordinary or Non Provisional Application
This type of application is filed when the applicant does not have priority to claim or when the application is not filed in consonance of any preceding convention application.
This type of application is filed to claim priority date or similar application which has been filed in any of the convention countries.
PCT International Application
This type of application is filed to register for patent internationally in one go. It is governed by Patent Corporation Treaty (PCT), which includes 142 countries.
PCT National Phase Application
This type of application is filed in each country wherein the protection is sought. National phase application must be filed within 30 or 31 months from the priority date or international filing date whichever is earlier.
Patent of Addition
This is filed when there is any kind of modification in the invention which has already been applied for, or patented.
When the applicant wishes to divide an application to furnish two or more applications if a particular application claims for more than one invention.
- Collect all the relevant details of the invention like area of invention, what it is for, how it works, advantages etc.
- Depict the product visually through drawings and diagrams.
- Get it checked by experts whether your invention is patentable subject matter or not.
- Run a patentability search, which involves checking of invention on the criteria like novelty, non-obviousness, industrial application and enabling.
- The next step involves drafting your patent application for registration of your invention. In case, where the invention is at a research stage, you can apply for provisional application.
- After the application is submitted then it has to be published after 18 months of first filing. You can also request an early publication by a prescribed fee.
- The patent application is examined after receiving a request for examination. Upon receiving the request the controller forwards your patent application to a patent examiner.
- After receiving the examination report from the examiner, the controller will receive some objections. This is an opportunity for the inventor and his patent agent to convey and prove the novelty of his invention to the controller and make him believe that the invention is patentable and abides by all the criteria.
- The communication between the patent applicant and the controller gives an opportunity to resolve all the objections and get the patent granted.
- Once the application is found to be following all the necessary standards, the patent is granted and is published in the Patent Journal.
Checklist (Documents required)
- Application form in duplicate (Form 1).
- Provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months.(Form 2).
- Drawing in duplicate (if necessary).
- Abstract of the invention in duplicate.
- Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
- Priority document (if priority date is claimed) in convention application, when directed by the Controller
- Declaration of inventor-ship where provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5).
- Power of attorney (if filed through Patent Agent).
- Fees (to be paid in cash/by cheque/by demand draft)
A patent search is to be conducted to know that your invention is unique. We can conduct that search on your behalf, we have an expert team to do that thoroughly.
There are four conditions that have to be satisfied for an inventor to receive his patent rights.
- It has to be new and novel.
- It should not be obvious.
- The patent needs to be capable of Industrial Application.
- It should not come under the section 3 and 4 of the Patents Act 1970.
No, patents are territorial in nature. To get global coverage, file the patent application in the World Intellectual Property Organisation (WIPO) through Patent Cooperation Treaty (PCT) and file separate applications for designated countries.
Certainly, we can file for patent applications by a comprehensive online filing system.
A patent application can be withdrawn in the following ways-
- An Application for withdrawal can be filed within 15 months of the date of filing or date of priority, whichever is earlier.
- The application can also be withdrawn by the applicant before the issuance of the First Examination Report and a refund of up to 90% of examination fees can be claimed.
- The application can be withdrawn anytime by the applicant after the filing but prior to the grant of patent by making a request. Though This process is free, there is no refund of examination fee.
Provisional Application can help in establishing a priority date for your invention. It can also help in giving the inventor enough time to access and evaluate the market potential of the invention. However, it is not mandatory to file an application with provisional specification and one can file an application directly with complete specification.
The necessary forms to file a patent application in India are:
- Form 1, which is a request for filing an application and
- Form 2 which is either a provisional or complete specification with drawings, if any.
In addition to these, an abstract of the invention is also required. A power of attorney under Form 26 is also required if the application is filed through a registered patent agent. Also, the application can be examined only after a receipt of request for examination under Form 18/18A is made.
The patent application is usually published after 18 months from the date of filing the Indian patent application, unless an early publication request is filed. In case of the latter, the patent application is published as early as 1 month from the date of filing such a request.
Under Rule 24C of the Patent Rules, as amended in 2016, a request for expedited examination can be filed with the prescribed fees in Form 18A along with the fee as specified in the first schedule. This can be done only by electronic transmission duly authenticated within the period prescribed in rule 24B.
If the applicant does not file a reply within 6 months or does not take an extension of 3 months, the application is deemed to have been abandoned.
Every patentee can maintain the patent by paying a renewal fee every year as prescribed in the schedule I. There is no renewal fee for the first two years, and it has to be paid from 3rd year onwards. In case the renewal fee is not paid the invention will n longer be patented.
It is not mandatory to engage a registered patent agent for filing an application for a patent under the laws in India. The applicant is free to file an application by himself or through the patent agent. An applicant who is not a resident of India is required to file either through the registered patent agent or must give an address for service in India. However, it is advisable in all cases to take help of an expert, as it is easier for them to process the application seamlessly.
Yes. PCT applications can be filed electronically with RO/IN or RO/IB which accepts such filings (Indian Patent office does not accept full e- filling of PCT international application). The WIPO web service (ePCTfiling) helps to prepare applications by automatically validating the entered data and notifying the incorrect or inconsistently completed parts. Applicants are also entitled to certain PCT fee reductions when filing electronically.