A patent is a form of protection granted to an inventor. The Indian Patent Office grants patent protection in India for novel inventions. A patent can be filed for a product, process, chemicals, drugs, computer software, technical applications, machines, etc. The key essential for an invention to get patent protection in India are -
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Novelty - the invention shall be unique and not just a mere discovery of already existing ones.
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Non-obviousness - the invention shall have an inventive step by the intellectual mind of the inventor.
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Industrial application - the invention shall have a practical utility that must serve the industrial applications and related purposes.
The patent protection is given for a fixed period of 20 years from the date the patent application was first filed, however, it can be renewed after the time expiration. Registration of intellectual inventions is important as it provides exclusive rights to the inventor and gives legal protection against other competitors or infringers.
Steps to follow to file a patent application are -
STEP -1: Patentability Search
An applicant before beginning the registration process should perform a detailed patentability public search on the official IP India website to determine the availability of the patent proposed. This step is not mandatory but rather advisable.
STEP - 2: Draft Patent Application
The applicant needs to file Form 1 to begin the application process. Each patent application shall be filed with Form 2 patent specification, where the applicant has to provide whether the proposed invention is in the initial stage or final stage. If the proposed invention is in the initial stage then a provisional specification application shall be filed, and thereby within 12 months the applicant shall complete the invention and file a complete specification application.
STEP - 3: Forms with the Patent Application
The patent application shall be filed with several other forms such as -
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Form 1 - Application for grant of patent
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Form 2 - Provisional/Complete specification
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Form 3 - Undertakings and statement with respect to foreign patent applications (mandatory under section 8 of Patents Act, 1970 for applicants outside India)
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Form 5 - Declaration of the inventorship for the proposed patent
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Form 26 - Authorization of Patent Agent (appliable only if an applicant files a patent application through a patent agent)
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Form 28 - For start-ups and small entities only
STEP - 4: Publication in Patent Journal
After the submission of all forms before the Indian Patent Office, the patent application is then published in the official patent journal after 18 months from the date of filing. The aim of this publication is to invite the general public (if any) who has an objection to the proposed patent application. In case the applicant wants to publish the application earlier then Form 9 can be submitted for an early publication. However, if the submitted application along with the forms is incomplete then the application can be rejected at this stage.
STEP - 5: Examination of Patent Application
After the publication of the patent application, the applicant shall file Form 18 for a request for examination of the proposed invention by the patent officer in the Indian Patent Office. The patent examination request can be filed within 48 months from the date of filing the patent application (priority date). If the examination request has not been filed within the specified time period then the proposed patent application will be treated as withdrawn by the Indian Patent Office. It is mandatory to file the examination request application within the prescribed time frame.
After the examination of the invention, the patent officer issues an examination report which consists of grounds of objections (if any) which is known as the First Examination Report (FER). The applicant shall reply to the objections (if any) within 12 months from the date of issuance of FER. If the reply is not made within the prescribed time period by the applicant, then the proposed patent application shall be abandoned.
STEP - 6: Grant of Patent Protection
Once the examiner finds no objection in the proposed patent application or all the objections have been resolved, then patent protection is granted to the applicant for the proposed invention.
Note: Post-grant Opposition - Once the patent has been granted any third party can still oppose the grant. The post-grant opposition can be filed in the patent office only within 12 months from the date of patent grant for the proposed invention. After the expiration of this time period, no third party can oppose the patent grant.
Fees required for Patent Registration
According to the official website of IP India, fees for patent registration in India are given below -
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Description
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Normal Applicant
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Special Applicant (natural person/start-up/educational institute/small entity)
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Application fee for up to one priority, up to 30 pages, and 10 claims
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Rs 8000
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Rs 1600
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For every page above 30 pages
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Rs 800
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Rs 160
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For every claim above 10 claims
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Rs 1600
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Rs 320
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For every extra priority
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Rs 8000
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Rs 1600
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