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0 - Patent Eligibility
The inventions ought to be new, inventive steps, and industrially applicable.
The invention should not belong to non-patentable categories as contemplated in the Indian Patents Act 1970.
- Patent Filing
Draft and filing of a complete or provisional patent specification is required.
The other documents that require submission are patent application forms, proof of rights and undertaking statement.
- Filing Patent Application
Patent application must be filed quickly so that priority rights could be secured.
All processes to be done within the timescale mentioned in the Indian Patents Act.
- Fees Payment:
Applicants pay the fees for filing and publication of the patent application and also for examining the patent application.
- Transparency:
All patent applications are published after 18 months unless an early publication request has been made.
Oppositions, if any, will have to be resolved prior to the grant of patent.
- Renewal:
Patents should be timely renewed annually after the grant to survive their validity.
- Compliances
Compliances with patent rules such as working statements and annual up-dates are to be made.
Patent Registration Process in India Step wise
Table of Contents
Patentability
Carry out search on patentability so that such an invention is novel, it is not obvious, or industrially applicable.
Cross-check that it does not come under Section 3 and Section 4 of the Patents Act of India as well which defines the non patentable subject matter.
Patent Specification Drafting
Either provisional or complete specification shall be prepared:
Provisional Specification: To get a priority date for early filing.
Complete Specification: Detail description of the invention comprising of claims and drawings.
Filing Patent Application
Patent application is filed before Indian Patent Office by submitting form-1.
Include Form-2 Provisional / Complete Specification
Form-3 Statement of Undertaking
Form-5 Declaration of inventorship
Priority documents in case of application is to be filed in.
Publication of Application
The patent application appears in the Patent Office Journal after 18 months of filing.
Optional early request for publication by Form-9 for speedy processing.
Request for Examination (RFE)
Make a request for Examination within a period of 48 months by Form-18 from date of filing.
The application will get assigned to an examiner from the patent office who’ll conduct a detailed examination process.
Examination and Objections
The novelty, inventive step, and industrial application of the invention are inspected by the examiner.
Respond to objections or deficiencies raised in FER during the First Examination.
Patent Grant
Subject to satisfactory compliance with requirements and objection, the patent is granted.
The grant is published in Patent Office Journal.
Post-Grant Compliance
Prepare annual statements of working under Form-27.
Pay annual renewal fees for maintaining the novelty of the patent.
Opposition (if any)
Respond to pre-grant or post-grant oppositions filed by third parties
Enforcement and Commercialization
Enforce your patent rights after the grant of patent and also try to look for opportunities in commercialization.
After all, following the above procedure and following the rules, one can register a patent in India and ensure their intellectual property.
The official website for patent registration in India is the Indian Patent Office:
https://ipindia.gov.in/
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