Are you an innovator, startup founder, or entrepreneur with a unique invention? If yes, then securing your invention with a patent can be the key to protecting your idea from being copied or exploited by others. A patent protects your invention and grants you exclusive rights over it. In India, you can patent products, processes or methods, machines, chemical compounds, biotechnological inventions, manufactured articles, software, and computer-implemented Inventions. For an invention to be patentable, it has to be novel (new), unique, and have an industrial application.
What is a Patent?
A patent is a legal right granted by the government to an inventor for a novel, useful, and non-obvious invention. It allows the inventor to exclude others from making, using, selling, or importing the patented product or process without permission for a specific period, usually 20 years from the date of filing.
Step-by-Step Process for Patent Filing in India
The process for registering a patent in India can seem complex at first, but breaking it down step-by-step makes it easier to understand. Here’s how it works:
Step 1: Patent Search (Optional but Recommended)
Before filing a patent application, it’s wise to conduct a patentability search to check whether a similar invention already exists.
You can do this by:
- Searching Indian patent databases (https://ipindiaservices.gov.in/publicsearch/)
- Consulting a registered patent agent or IP attorney
Step 2: Draft Patent Application
A patent application is the formal request that is submitted to the patent office to obtain a patent for a new invention. It must be carefully drafted with the following sections:
- Title of the invention
- Summary of the application
- Detailed description of the invention
- Scope of protection
- Drawings/diagrams, if applicable
Step 3: File the Patent Application
Once the application is ready, you can file it either online or at the relevant Patent Office (Kolkata, Mumbai, Chennai, or Delhi).
Types of patent applications:
- Provisional Application: If your invention is not fully developed, you can file a provisional specification to secure the priority date. You must file the complete specification within 12 months.
- Complete Application: Filed when your invention is fully ready for disclosure.
Modes of filing:
- Online through the official IP India website
- Offline submission at the jurisdictional Patent Office
You will receive a patent application number upon successful submission.
Step 4: Publication of the Application
After 18 months from the filing date, the application is automatically published in the official patent journal unless a request for early publication is made.
You can request early publication by filing Form 9, and your application will be published within 1 month of the request.
Once published:
- Your invention enters the public domain
- You gain provisional rights to seek damages for infringement (after the grant)
Step 5: Request for Examination (RFE)
Your application will not be examined until you file a Request for Examination (Form 18) within 48 months from the filing date or priority date.
There is also an option for Expedited Examination (Form 18A) for:
- Startups
- Applicants selecting India as the ISA/IPEA in international filings
An examiner reviews your application to determine whether it meets the patentability criteria.
Step 6: Response to Examination Report
The examiner issues a First Examination Report (FER) listing any objections or deficiencies.
You must respond to the FER within 6 months, addressing each objection and possibly amending the claims or specifications.
If objections are resolved satisfactorily, the application proceeds toward a grant.
Step 7: Grant of Patent
Once the Controller is satisfied with the response, the patent is granted and published in the official journal.
The patent remains valid for 20 years, subject to annual renewal.
Conclusion
Patent registration in India is also essential to protect your innovation and invention and to gain a commercial advantage. The process of registering a patent is simple and easy, and it is done online at the IP India portal. By understanding the step-by-step process and preparing the necessary documents, you can navigate the patent landscape with confidence. Whether you are an independent inventor or a startup, getting your invention patented is an investment in your innovation’s future.
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