With our assistance, you may obtain it in the above-mentioned basic measures.
For patent registration in India, you must apply the prescribed forms at the patent office. If you hold a digital certificate of Class 3, you can conveniently apply it online
The patent office can charge an extra 10% fee for internet applications. It is valid for 20 years from the date of filing the patent application.
In India, patent filing offices can be found in major cities such as Mumbai, Chennai, Kolkata, and Delhi. You must register your patent with the appropriate patent offices in your region.
The below is a step-by-step guide to patenting your concept, invention, or intellectual property:
Step 1: Conduct a patent search.
You must ensure that the invention/idea is non-obvious and original in order to obtain a patent. A patent quest will assist you in ensuring this, as well as avoiding lengthy official procedures. You may either do your own research or seek technical assistance from experts. Experts will also assist you in conducting a patent check.
If you come across a related patent that has already been licenced, you can skip the steps below.
Step 2: Submitting an application for a patent:
The planning of patent requirements is one of the most important things to remember before filing a patent in India. The whole process of writing a patent specification is a highly technical activity that can only be undertaken by qualified experts.
Concept: Here, you must write down your proposal or innovation, making sure to include all of the important information concerning the invention and the patent you want. .
Imagination: Visualize the concept and components in the form of diagrams that illustrate the innovation in greater detail.
Patentability and Verification
Look for: The next move is to determine if your invention is patentable under the Indian Patent Act’s provisions. Your inventions/ideas must follow patentability criteria such as:
Inventiveness
Non-obviousness is a term used to describe something that isn’t
Applicability
Subject matter that is patentable
A patent application is a work of art in and of itself. Using the services of a patent attorney would be a smart decision in this case. If you’re already in the early stages of your research and development, you can file a provisional patent application, which is an optional preliminary application.
Step 3: Creating a study on patentability
The patentability report, which includes the evaluations focused on the above-mentioned requirements, will then be prepared by approved patent practitioners or patent agents after exhaustive analysis. Along with the patent application, you can append all of the necessary papers. Check the papers thoroughly before submitting them to prevent potential rejections.
The patent application is issued in step four.
The patent application is issued in the Patent Journal after 18 months. A request for early filing of a patent application may be made for a fee.
An application for a patent is released.
Any patent application filed in India is kept confidential until the Indian patent office publishes it in the Patent Journal.
A filed patent is automatically published 18 months after the date of filing the application, and no appeal is needed.
To get the patent issued in advance, the applicant must file a written order, and it will be issued within one month of the submission.
Since the inventor has the right to legally defend his work shortly after it is completed, the publication date is critical.
Examining the Patent (Step 5)
There will be a formal submission of a patent review request, which must be made within 48 months of the first filing of the patent (provisional patent or complete patent). If the defendant fails to apply within the time frame set out under the Patent Act, the patent office will have the claim withdrawn. The auditor then conducts a detailed inquiry and publishes the first test paper, which is referred to as patent litigation.
Objections to patents (Step 6)
Patent applications also receive objections such as “inconsistent or vague arguments,” “invention without innovation,” and so on. As a result, analysing the patent review report and drafting a suitable answer to the objections is needed.