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
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 dont end up filing for a patent which
A patent should meet all the criteria as per Indian Patent Act:
- Industrial Application
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
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
- 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)
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:
- Secrecy directions are imposed under Section 35 of The Act.
- Application has been abandoned under Section 9(1) of The Act.
- 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.