How to Register Patent in India. A Step-by-Step Guide
1. What is a Patent?
2. Who can apply for a Patent in India?
3. What inventions are patentable?
4. What inventions are not patentable
5. Documents needed for patent application
6. Step by Step process
7. Stages
8. Possibility to extend the life of patent in India?
9. Why to apply patent first
1. What is a Patent?
The patent safeguards the rights of inventors on any type of work the invention made by him so that he can exclusively make the sell, use, or exploit the work made by him. A patent is a legal document awarded to the invention holder by public authorities. In India, the patent is governed by The Patent Act 1970; A patent is a single branch known as intellectual property and includes the protection of software games for kids, new technology like new kitchen utensils, modules of machinery, designs, technology etc.
2. Who can apply for a Patent in India?
While applying for a patent, the inventor has to qualify certain criteria to become eligible. The basic requirement of the application is the individual/entities must be the creator of the invention or have made some specific alignment, changes, and composition in the existing product. It is advised to research the product in-depth and attach supportive documents to show novelty.
During the patent application individuals, entities, and companies are required to comply with standards set under Indian Patent Rules. A mere small improvement or slight change in machinery could not qualify as a patent.
3. What inventions are patentable?
To qualify for Patent, an invention has to pass the basic requirements such as
- Novelty: the invention must be new and there is no existential trace of it
- Uniqueness: the product should has unique nature, mere improvement cannot be qualified for patent application.
- Helpful: it should add value to the common man and must not support any immoral purpose or any illegal things.
- Industrial Application: the product should has capacity to use in industry sector.
- Inventive Step: the product has somethings new inventive step which is not known to public
- Exception: the product shouldn't fall under the category of exceptions subject account for non-patentable.
4. What inventions are not patentable
In Indian Patent Act 1970 under section 3 put restrictions on certain invention and exclude from granting of patent such as:
- any invention made out of traditional knowledge; aggregation or duplication of traditional knowledge;
- any invention not having frivolous nature;
- any invention made against contrary to public law without prejudicing public order, human beings, animals, plants and environment;
- mere discovery of scientific principle, driving abstract theory or formulation from living or non-living substances;
- mere discovery from machine apparatus from known process;
- any traditional method of agriculture and horticulture;
5. Documents needed for patent application
Initially to apply for patent the formal request is submit to registrar of Indian Patent Office. The application follows with detailed information like his personal details: name, address and nationality; The application is further supported with other documents of patent:
- Title of invention
- Field of invention
- Description of invention
- Diagrams, drawing and charts
- A small precise about invention know-how?
It is necessary to fill the required form and prescribed fees either through e-filing or submit details in person to registrar of Indian Patent Office
The next process after submitting the patent application is deciding whether you want a provisional or complete specification. Former is about description of your invention and later covers all the details of invention. The idea behind provisional application says protection of patent information during the period when invention is yet to complete.
Statement declaration: The filing of patent necessarily supported by statement declaration. It means that any connection with invention are accurate information provided by you. The statement tells your intellect and credibility involved therein. Other documents like materials connected with invention which promise to dictate the information is genuine and authentic.
Inventor ship: It acknowledges who contributed in invention are recognised as inventors.
Representation by agent or attorney: The patent application presented by representative or attorney through power of attorney. The authorised representative should be well-versed with Indian Patent Laws.
6. Step by Step process
Step 1. While filling application must include full disclosure associated with Non-disclosure agreement. It is advise to disclose all information nothing should be hold back. If any information is hidden there is high chances of rejection.
Step 2. Hire representative or patent agent to conduct a research for patentability. In India the professional fees ranges between INR 5000 to INR 30000 and collect all the necessary database along with patentability search report.
Step 3. This is where when actual process begins a detailed research about invention covered with patent ability search report, declaratory report and submission of required fee. Once the registrar is satisfied that you have completed all the necessary requirement he would proceed with further patent application.
Step 4. Patent drafting. It is it is crucial and entire process of the patent application that has to be associated with technical and legal understanding if it is not drafted and right way then all your efforts can get waste. It is better to take a professional help for drafting a patent application. Generally, the professional fees range between INR 20000 to 30000 for drafting a patent application.
Step 5. Review. Once you are ready with patent application, review thoroughly and cover necessary details of inventions, scope, prescribe manner, fill forms and pay fees. You can request to file for early publication to registrar.
Step 6 Request for examination. The registrar forwards your patent application to the requisite examiner who reviews of patent application and perform scrutiny upon application.
Step 7. Respond to objection
The examiner may ask inventor to respond to the objections found during the assessment. The inventor is required to clarify all the doubts of the examiner upon the invention including novelty, intellectual, art found during the assessment. If inventor fails to respond to objections, the registrar may reject the application.
Step 8 Grant of patent. If application is satisfied by examiner . The application is forwarded to grant of patent and further more it is published through a notified journal.
The patent is granted for 20 years. Upon expiry the the patent becomes a part of public domain. Therefore restrain from renewal of patent.
7. Stages
1. Application for grant of patent Form 1
2. Provisional and complete specification Form 2
3. Statement and undertaking under section 8 of Indian Patent Act required only when patent application has files in country other than India Form 3
4. Declaration of inventorship Form 5
5. Form submitted only by startup and small entities Form 28
8. Possibility to extend the life of patent in India?
In Indian as Patent Act 1970 a patent is granted to a product process or invention is limited only to the period of 20 years and during the span of 20 years from the date of filing of the patent application you can renew the patent fees; However once the patent lifespan is expire then invention cannot longer enjoy the patent protection and the invention becomes a part of a public domain, therefore the protection grant to the invention and the patent holder is only limited to 20 years from the date of filing of the patent application. The Patent holder can enjoy the exclusive right make, use, sell the invention. However as per rule 80 section 53 of the Indian Patent Act 1970 the patent holder can renew their rights regularly to ensure that their patent remains full enforce during the lifespan and hence the renewal fees very small can be paid frequently.
9. Why to apply patent first
It is recommended that an application for filing a patent shouldn't be delay because once invention is publicly displayed there is no provision to protect the patent however a provisional patent is option is available to the patent holder before their invention is completed this can be enjoyed by patent holder. Therefore it is always suggested that you can protect your patent rights in provisional application before anyone somebody else can beat you.
Because if you delay in filing the patent application it involves many risks hence it is advisable that before any months with the same invention or technology chances are there might be other person who arrived has first get the right of protection on invention.
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