Steps to file a patent in India

In India, the Patents Act is the central body dealing with the filing and regulation of an existing and new patent. This Act suggests that either the inventor, his assignee, or one of his legal representatives (in case the inventor is deceased) can apply for one in the head office of the Indian Patent Office or the branches of the office, depending on

 the jurisdiction of the applicant.

In case the applicant is not an Indian citizen, he or she must file the application in their respective jurisdiction (where the address for service of the applicant is located).

Steps for application of patent

You can choose to apply for a patent all by yourself or take help from registered agents. When it comes to the cost of getting a patent, the following two elements come into the picture:

·        Government fees for forms and renewals

·        If you choose to have an agent, then the charges for the professional 

It is always recommended to get a patent through a registered agent. Here are the steps required to apply for a patent:

Step 01: Invention disclosure

The first step is to disclose your invention to the professional. This is done by signing a non-disclosure agreement. 

Pro-tip: It is recommended to submit each known fact about your invention. Do not hold anything back.

Step 02: Patentability Search

Usually, a professional charges a fee (approx INR 10,000 to INR 20,000) at this step. At this stage, your professional performs extensive research for prior evidence in all the possible databases. Further, he or she builds a patentability search report based on your invention. 

Step 03: Decision to file an application for patent

This is where the actual process begins. After detailed research about (any) existing history of your the invention, you can decide if you want to go ahead with the patent application filing. 

Please note: Your invention must have an ‘inventive step’ as compared with existing prior art pieces to qualify for a patent. It must have either ‘technical advanced’ or ‘economically significant’ or both, over any existing piece of art. 

The step where you decide to go ahead with the filing process by writing an application is called patent drafting.

Step 04: Patent drafting

 

You can choose to draft the application on your own or take a professional’s help to do this. If you choose to take help, you have to pay around INR 20,000 to INR 30,000. 

Step 05: Filing the patent application

After you are done with a review of your patent draft and are satisfied with the scope and details, you are ready to file for a patent. You have to file the patent application in a prescribed manner with appropriate forms with fees. You need to pay fees of INR 1,600 or 4,000 or 8,000 (based on the type of application) while submitting the patent application in the patent office. If you do not file a request for early publication, the patent application will be published on expiry of 18 months.

Step 06: Request for examination

This is the step where the applicant is required to request the Indian patent office to examine your patent application, within 48 hours. Request for examination fees ranges from INR 4,000 to INR 20,000 (based on the type of applicant).

Step 07: Responding to objections (if any)

The draft and the report submitted to the officers in the patent office are thoroughly examined at this step. At this step, there is a chance for the inventor to communicate his novelty or inventive step over any other piece of art found during the assessment. If all the things are well clarified and solved, the patent application is almost ready to come to action. 

Step 08: Grant of patent

If the application meets all the prescribed requirements, it is placed in order for the grant. Usually, the final grant of the application is notified through a journal that is published

Step 09: Renewal of your patent

Usually, a patent is in force for 20 years. On completion of 20 years, the owner is required to renew the patent by paying a small fee.

Benefits of getting a patent

·        Prevents theft of your invention

·        The freedom of exclusivity

·        Easy to build merchandise and commercialize

·        Higher market share since your idea becomes a brand

·        More monetary value and higher profit margins

Although the entire process of filing a patent is long and complex, one must remember the importance it has. With digital advancements, it is probable that the process might get simplified and easy. 

Having a patent in place ensures that no individual can claim rights over your invention. If at all there happens to be an infringement, you can take help from legal bodies and avoid the problems.

 

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