7 Steps to follow for Patent Registration in India

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7 Steps to follow for Patent Registration in India

Intellectual properties are one of the most sought after intangible assets for businesses. Most startups look forward to trademark registration in India to safeguard their brands. That’s basic. Next, for any startup that drives business through innovation and introducing novelty can opt for patenting. Patents are exclusive rights granted for a limited period to the innovator or original owner of the invention. The product is to be produced, used, manufactured and put on the market, provided that it fulfills specific requirements laid down in the law.

Patent registration is how a rightful proprietor can make money for 20 years from exclusive rights over innovation. Either patent registration in the manufacturing industry or the service industries in India will prove a boon for the holders. If licensed, it becomes an asset whose value will increase in line with its market demand.

After 20 years, however, the patent is immediately deposited in the public domain and open to anyone.

The patent Registration process in India

1. Ensuring the right Patent Search

The first step before you apply for patent registration is to search for patentability. It is a standard process for a state-of-the-art search that confirms the invention’s originality and novelty. Patent registration is an expensive affair and therefore, this move plays a significant role in ensuring that the applicant does not invest in the application in vain. If that step is neglected and the applicant files the claim, there is a high chance that prior art will not be granted and the applicant loses money.

2. Enable Patent Drafting 

A patent is a legal document of technology. It sets out the strategies for the invention and describes the property.

The patent requirements can be of two types:

  • Temporary definition
  • Full specification

To secure a priority date, the provisional specification must be filed. This document describes the basic facts of the invention and does not contain the applicant’s claims. The claims defined in the full specification shall specify the details of the design, the claims, and the field of invention and the method of performing a device.

3. Proceed with Patent Filing 

The entire application is sent to the Patent Registry here. If the provisional specification alone is filed within 12 months, the complete specification must be filed and the application cannot be abandoned.

This is a basic fee structure that provides you with a better idea of the cost of registering a patent online & applying it:

The prescribed fees under different heads are given below:

(a) E-filing

Particulars Individual Small Entity Other than Small Entity
Filing Patent Application ₹1600 ₹4000 ₹8000
Filing each sheet of Specification in addition to 30 pages ₹160 ₹400 ₹800
Filing each claim in addition to 10 claim ₹320 ₹800 ₹1600

(b) Physical Filing  

Particulars Individual Small Entity Other than Small Entity
For Filing Patent Application   ₹1760 ₹4400 ₹8800
For each sheet of Specification in addition to 30 pages   ₹176 ₹440 ₹880
For each claim in addition to 10 claim   ₹352 ₹880 ₹1760

 

4. Journal Publication

 Once the owner applies for the permanent patent, the same shall be published in the patent journal after 18 months from the priority date or date of filing. The title, simple abstract, explains what the patent is for, application no and the applicant or inventor information. There is a waiting time following publication if anyone wishes to contest it.

5. Pre-grant opposition

Anyone who wishes to oppose can file the opposition of patent before the patent is granted under Section 25(1) of the Patent (Amendment) Act 2005.

Here are some of the reasons for challenging a patent:

  • Prior publication
  • Prior public knowledge and use of it
  • Lacks the inventive step in the current process
  • There is too much of obviousness
  • No scope of patentability
  • Lacks the clarity of description or it is insufficient
  • Improperly claiming the patent priority
  • When the patent application is not filed within the 12 months of submitting the first application in its country of origin.
  • Nondisclosure/wrong mentioning the source of biological material

6. Conducting Patent examination 

Patent analysis is a crucial step in the process of patent registration and patent examination takes place once the application is published. Within 48 months following the date of filing of the application or the priority date, the applicant must request an examination.

The examiner prepares the examination report. The report contains all the challenges to the invention and related prior arts filtered through a patent check. The applicant receives the detailed first examination report within six months from the date of publication or the date of the request for approval, with the patent application and specifications.

The report could be either in favor of or against the applicant. If this is good, the applicant must proceed and apply for the grant within 12 months. In the case of an adverse report, the applicant can reply to the objections and, when necessary, to overcome the objections to amending the application by disclaimer, correction, or explanation.

The applicant can also request a hearing for reasons of non-acceptation of objections against the examiner within 1 month from the date of receipt of the examination report.

7. Getting the Patent Grant

The patent is granted if it fulfills all the requirements and is in sync with the patent law where it stands valid for 20 years. For national PCT phase applications, the 20-year term shall start from the international filing date.

The filing of patents plays a vital role in helping startups and firms obtain and retain exclusive rights. It improves the company’s or inventor’s market position and its goods.

The investor will then make use of high returns on the investments and potentially gain them by selling or renting the investment to a third party. The process of patent registration needs expert assistance and new startups should look to leverage the same. There are instances of new startups who have taken the direction of registration in the early stages of production of the invention benefited greatly post-filing.