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Registration Process for a Patent Under Patent Act,1970

The Procedure for Patent starts even before an application is filed with the patent office in India.

Step 0 - Decision of doing it yourself or engaging a professional

Before you proceed with the filing of patent application you need to decide if you will be taking any help of patent professional or undertaking the patent process itself. Considering the no. of deadlines it is recommended that you hire a professional who has experience in the world of patent.

If you decide to take the help of professional make sure that you sign a NDA (Non Disclosure Agreement) with the patent professional before revealing about your invention.

Step 1 - Check the patentability of an invention

Before filling a patent application in India, First step is to do a detailed patentability search to determine whether a patent can be granted or not. It should include both patent and non patent references. Based on the information discovered during the search, you have the option of calibrate your patent application so that you don’t end up filing for a patent which already exists.

A patent should meet all the criteria as per Indian Patent Act:
  • Novelty
  • Inventiveness
  • Industrial Application
  • Enabling

Step 2 – Drafting Patent Application (Provisional or Complete)

A patent application is filed in Form-1 with the prescribed fee mentioned in Schedule 1 at a patent office in accordance with the jurisdiction. Each patent application is accompanied with patent specification (Form 2).

According to the state of invention, you can either file a provisional or complete application. If it is still in development mode it is recommended to file a provisional application to block all important filing dates. A complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not filed, the application shall be deemed to be abandoned.

A patent specification should include- Title of the patent invention, Background of the invention, Summary of the invention/ Object of the invention, Explanation if any of the patent drawings, Description of the invention, Patent Claims, Patent Abstract of the disclosure and Sequence listing.

Step 3 - Filling the Patent Application in India

First filing in India - Once the application is drafted, you need to file the patent application in India and secure the filling date. If Provisional application is filed then complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not filed within that time, the application shall be deemed to be abandoned.
Foreign filing decision – If you are interested in protecting your invention in other foreign jurisdiction you have to file it within 12 months from your first filling date Based on the countries you are interested in.

Every application for patent needs to be filed in the forms mentioned below:
  • Form 1 – Application for grant of a patent
  • Form 2 – Provisional/Complete specification
  • Form 3 – Statement and undertaking regarding foreign application under section 8 as per the Patent Act Herein after re offered to as, “The Act”(only required if a corresponding patent application is filed in another country)
  • Form 5 – Declaration as to inventor ship (only to be filed along with the complete application)
  • Form 26 – Form for authorization of a patent agent (only required if you are using a patent agent to help you file the application)
  • Form 28 – To be submitted by startup or small entity (only required if you are claiming startup or small entity status)
Priority documents:
In case you are claiming priority from a foreign patent application and entering India, you may be required to provide the priority document as well.

Step 4 – Publication of Patent Application

Ever application is published in the official journal after 18th months period from the date of filling of application or the date of priority of application whichever is earlier.
There is a provision for early publication of an Indian Patent application by filling a formal request.

The early publication rule does not apply if:

  1. Secrecy directions are imposed under Section 35 of The Act.
  2. Application has been abandoned under Section 9(1) of The Act.
  3. The applicant has withdrawn his application three months prior to the expiry of said prescribed period of 18 months

Step 5 – Examination of Patent Application

Every patent application is not examined; Applicant or any other third party has to file a request for examination under Form 18 and for expedited examination in Form 18A (under conditions as prescribed in the Rules).

Process of Examination (Objections by examiner & responding to objections)

Once the application is filed it will end up on the desk of examiner. During examination process examiner will scrutinize application that it is in accordance with Patent Act and Rules.
The examiner creates first examination report of the application and will state ground for objections if any. Thereafter the applicant is required to comply with the requirements within a period of 6 months from the date of FER which can be extended by 3 months by filing Form4.

Step 6 – Grant of Patent

The order of grant is given when all the requirements of patent Act are complied and it will be published in Patent Journal.

Step 7 – Renewal

After the grant of patent it needs to be renewed from 3rd year onward by paying renewal fee as prescribed in Schedule 1. A Patent in India can be renewed for maximum period of 20 years from the date of filing. 

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