How to file a patent in India?

What is the patent application?

Patent registration is the process of protecting an invention, i.e., a product or a process. The patent is the approach of maintaining an intellectual property by obtaining an unconditional right over an invention. 

Through the initiative of the patent registration, the applicant prepares to prevent others from making, using, or selling such inventions. In compliance with the provisions of Section 11 A of the Patents Act, 1970 and Rule 24 of the Patents Rules, 2003, furnishes for the Publication of Patent registration.

What is the procedure for patent registration?

Step One: Identification for Patent Registration

It is essential to collect enough information about the invention. Some of the appropriate inquiries that the inventor must consider are

•  the field of invention, 

•  the advantages of the invention, 

• how helpful it will be in enhancing already existing inventions. 

All inventions are not patentable, and the non-patentable subject matters are mentioned under Section 3 of the Patents Act 1970. Therefore, while conducting a patent search or filing for patent registration, the invention should not fall under any of such categories.

Step Two: Patent Search

After getting transparency over the invention, the indian patent search is necessary. This is crucial since it will help to identify whether the invention is novel or not. All inventions must meet the novelty standards under the Patents Act. After extensive research, a person can examine patent search results and form a patent report. The patent search helps identify the closest potential prior works relevant to the invention and is based on the obtained patent search results. However, one can proceed first to apply, but a indian patent search is highly suggested.

Step Three: Filing for patent registration

Whether the patent search is conducted or not, depending on the types of patent, the drafting for the patent registration is important for filing in the government patent office as per the application form in Form 1. After that, the system shall generate a patent registration number. One can also file a provisional patent registration, which means the invention is filed at an early stage.

Step Four: Patent Registration Publication

After filing the complete registration, within 18 months, the application is published from the date of filing. There is no requirement for any special necessity from the applicant for patent publication.

Normally, the patent registration is published within one month from the submission of the earlier publication. If there is any objection raised, the applicant requires to respond to it by physical hearing or video conferencing as required.

After all these formalities, if the authorities are satisfied with the patent application, it shall grant the patent's title.

The experts from QuickCompany can assist you through the patent registration process.