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How to File Patent Application?

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  • Post published:May 16, 2024
  • Post category:Patent

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Want to shield your ingenious idea? Patent registration grants inventors exclusive rights to make, sell, and import their novel creations for 20 years (once approved). But first, you need to ensure its originality. A patent search kicks off the process, confirming your invention hasn’t been developed before.

The Patent Act caters to both early and finalized inventions. If your idea is still taking shape, a provisional application holds your place for a year while you refine it. For fully developed inventions, a complete application with detailed specifications is filed straightaway. Following these steps secures your intellectual property and grants you the exclusive rights your innovation deserves.

What is Patent Registration?

Patent registration is the legal process that allows inventors exclusive control over their newly invented products. This control covers the right to produce, market, and import the product for a period of twenty years commencing with the application date. This strategy enables innovators to profit from their intellectual property, providing well-deserved rewards for their original ideas, research activities, and development efforts. Curious about the legal framework? The Indian Patent Act of 1970 oversees patent registration, which is controlled by the Controller General of Patents.

Eligibility for Patent Registration in India

Obtaining a patent in India is dependent on the invention’s total novelty. This means no similar invention has been publicly disclosed before. To meet the novelty criteria, the invention should be cutting-edge. Additionally, it must possess a demonstrably inventive function or characteristic that wouldn’t be apparent to the public.

In addition to uniqueness, industrial application is a vital criterion. The invention must have a practical application and be manufacturable, eliminating solely aesthetic creations. Even if these criteria are met, the invention cannot be patented if it falls under the restrictions outlined in Sections 3 and 4 of the Patents Act.

Patent Registration Criteria:

  • Novelty: The invention must be novel and inventive, with no previous public publication.
  • Inventive Step: It should include a considerable advance above existing public knowledge and utilize cutting-edge technology.
  • Practical and Producible: The invention must have real-world use and be manufacturable using typical industrial processes.
  • Legally Patentable: The invention cannot fall under categories excluded from patenting under Sections 3 and 4 of the Patents Act.

Types of Patent Applications

1. Based on Terms of Protection:

  1. Provisional Application: This is filed for temporary protection for 1 year while the product is still in development. It provides time to complete the product development without the risk of losing exclusive rights.
  2. Complete Application: This is filed for full-term patent protection. It can be filed directly or replaced with a provisional application once it expires.

Based on Purpose:

  1. Ordinary Patent Application: Secures patent protection within India.
  2. PCT National Phase Application: This application commences the Patent Cooperation Treaty (PCT) process, allowing you to apply for international patent protection.
  3. PCT International Application: This application concludes the PCT process for global patent registration.
  4. Convention Patent Application: Claims priority based on a previous application filed in a convention country.
  5. Divisional Patent Application: Splits an existing patent application to safeguard multiple inventions.
  6. Patent of Addition Application: Addresses enhancements or modifications to an already patented invention.

List of Documents Required for Patent Registration in India

  • Application Form (Form-1): Official application for Patent Registration.
  • Provisional/Complete Specification: A full description of the product’s features and functions.
  • Abstract of Invention: A concise description of the invention’s concept and purpose.
  • Power of Attorney: Authorization for the entity or individual submitting the application.
  • Statement and Undertaking (Form 3): Declaration affirming the accuracy of information provided and the inventor’s rights.
  • Priority Document (if applicable): Evidence supporting priority claims for the invention.
  • Proof of Right to File: Confirmation that the applicant has the legal right to file for the patent.
  • Acknowledgement of Fee Payment: Documentation verifying payment of the requisite fees for Patent Registration.
  • Form 28: Required for fee rebates if the applicant qualifies as a recognized MSME or startup.

How to Apply for a Patent in India: Patent Filing Process

  1. Choose Your Application Type:
    • Provisional Application: Ideal for inventions under development, offering 1 year of temporary protection to secure your idea while you refine it.
    • Complete Application: For fully developed inventions, this offers 20 years of comprehensive patent protection.
  2. Conduct a Patent Search: Before submitting, ensure that your innovation is truly inventive (new). This verifies that your invention hasn’t already been patented or publicly published.
  3. Patent Application Filing: Submit the required documents:
    • Form-1: Application for Patent
    • Form-2: Patent Specification – This detailed document describes your invention’s features and functionalities.
    • Additional Documents (if required)

Important Note: To keep protection, provisional applications must be completed within a year.

  1. Drafting the patent specification: This vital document is required to defend your patent. It should be thorough, describing your invention’s traits and capabilities in terms that the Patent Registrar can comprehend.
  2. Patent Publication: After 18 months, your application is published in the Patent Journal, making your idea well-known.
  3. Request Evaluation: Request a patent examination within 48 months of filing. An examiner will review your application and may raise objections. You must react to these objections within the specified deadlines.
  4. Settling Objections: Address any objections raised by the examiner within 12 months. You might need to attend hearings to resolve disputes.
  5. Patent Grant: Once all objections have been resolved, the Patent Registrar provides you with the patent, which grants you exclusive rights to your innovation for 20 years from the date of application.

How Does Patent Registration Safeguard Your Intellectual Property?

Patent registration is a legal process that gives the true inventor or assignee exclusive rights to a patented invention. This approach ensures the product’s legal legality, deterring potential infringers from developing similar products and reducing legal consequences. The owner can also exploit the exclusive right to market the commodity to reap monopolized financial gains. Patents can also be used to generate additional cash through sales and licensing agreements. Understanding the ownership dynamics is critical before applying patent registration protection procedures.

Advantages of Patent Registration in India

Patent registration in India provides several advantages to the legitimate owner of an innovative product. These include legal protection against unauthorized use, exclusive control over trade, and opportunities for financial gain through patent licensing or sales. Let’s explore how these benefits impact the intellectual property rights of the owner in the long term:

  • Shield Your Idea: Patent registration grants legal muscle to fight copycats and defend your intellectual property.
  • Market Edge: Patented inventions stand out with a stamp of originality, boosting credibility and sales.
  • Monetize Your Innovation: Patents unlock financial gains through licensing or sales.
  • Fuel Innovation: Exclusive rights incentivize further research and development for future breakthroughs.

What is the Cost of Patent Procedure in India?

The charge and the process of the patent are divided into Government fees and Professional fees. Government fees are paid while submitting the patent application and other connected paperwork, such as the request for an examination report. The amount of these fees is determined by the length of the application, the form of filing, and the examiner’s charges. Here’s a summary of the new government fees.

For Natural person(s) and/or Startup:

  • E-filing costs INR 1,600 (up to 30 pages and 10 claims).
  • Physical filing costs INR 1,750 (up to 30 pages and 10 claims).

For Small entities, either alone or with natural person(s) and/or Startup:

  • E-filing costs INR 4,000 (up to 30 pages and 10 claims).
  • Physical filing costs INR 4,400 (up to 30 pages and 10 claims).

For Others, either alone or with a natural person(s) and/or Startup and/or small entity:

  • E-filing: INR 8,000 (for up to 30 pages and 10 claims)
  • Physical filing: INR 8,800 (for up to 30 pages and 10 claims)

Additional Fees:

  • E-filing: INR 160 per extra page and INR 320 per extra claim
  • Physical filing: INR 180 per extra page and INR 350 per extra claim

Conclusion

Kanakkupillai offers exclusive patent rights. Our IPR experts provide free consultations to help you complete the registration process. We will verify that patent specifications and applications are accurately drafted, and any differences will be addressed. Count on us to assist you until you acquire your registration certificate.

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Divya

Telecom engineer turned content creator with a knack for crafting compelling narratives. Experienced in client management and community engagement, and ventured into freelance content creation, contributing tailored and impactful content across diverse industries. Currently, collaborating with companies like Kanakkupillai, dedicated to delivering inspiring technical content rooted in a solid foundation.