Step by Step Procedure For Patent registration in India

Patents provide intellectual property rights protection to newly invented products, services and processes. To enforce these rights, Patents must be registered under the Indian Patent Act of 1970. What exactly is the procedure for Patent registration, is what we have discussed in this blog at length.

Procedure of Patent Registration in India starts with conducting patent searches before the patent application is actually filed. Patent Searches help determine the novelty of an invention which is the most significant eligibility criteria for Patent Registration in India. After ensuring that the invention is absolutely novel and original, a Patent application can be filed to the Indian Patent Office at any of its regional branches located in Delhi, Mumbai, Chennai and Kolkata.

Patent Applications can either be provisional or complete. Both these filings serve different purposes in the patent application process. Provisional patent filing establishes patent rights over a product which is yet to be developed and helps claim an early filing date. The status of the Patent after Provisional patent filing remains “Pending.” A 12 months window is further provided to develop the invention before a complete patent application can actually be filed.

A complete patent filing, on the other hand, includes the detailed description of the developed invention, outlining all the claims of the applicant, and presenting any necessary diagram to represent it. The aim is to provide a full and detailed disclosure of the invention to the Patent Office for successful Patent Registration.

What is Patent Registration?

Patent Registration is a legal process which grants exclusive rights of ownership and usership to the inventor of a product, service, or technology. As a result, the inventor gains monopoly over his invention for the entire duration until the patent registration is valid. The Patent Registration process is extremely crucial for inventors and businesses to protect their innovative ideas and prevent others from using, selling, or manufacturing their inventions without permission or authorization. In India, Patent registration is governed by the Patents Act of 1970, and administered by the Indian Patent Office.

Why is patent registration required? : Key Benefits of Patent Registration

Legal Protection: Patent registration offers legal protection to inventors by granting them exclusive rights over their inventions. It prohibits others from making, using, selling, or importing the patented invention without the inventor’s authorization. This protection serves as a strong deterrent against potential infringement and provides a solid foundation for legal recourse in case any unauthorized use is detected.
Market Advantage: Obtaining a patent provides inventors and businesses with a competitive edge in the market. It allows them to capitalize on their unique inventions exclusively and prevent competitors from plagiarising their ideas. With a patent, inventors can secure a market monopoly, differentiate themselves from competitors, and potentially command higher prices or licensing fees for their patented technology.
Financial Opportunities: Patents can open doors to various financial opportunities. They can attract investors and venture capitalists who are interested in supporting innovative technologies. Patented inventions can also generate revenue through licensing agreements, where other businesses pay for the right to use or commercialize the patented technology. Additionally, patents can increase the overall value of a company, making it more attractive for mergers, acquisitions, or partnerships.
Research and Development Incentives: Patent registration encourages and rewards innovation by providing inventors with a time-limited monopoly. This incentivizes inventors and businesses to invest in research and development (R&D) activities, knowing that they will have exclusive patent rights and potential financial benefits from their inventions. It fosters a culture of innovation, promotes technological advancements, and contributes to overall economic growth.

Eligibility for Patent Registration in India

Patent registration in India is subject to certain eligibility criteria that an invention must meet to qualify for protection. Understanding the eligibility requirements is crucial before initiating the patent registration process. Let’s explore the key factors that determine the eligibility for patent registration in India:

Novelty: To be eligible for a patent, an invention must be novel, meaning it should not have been disclosed to the public before the date of filing the patent application. The invention should offer something new and inventive, and it should not be a part of the existing knowledge or prior art.
Inventive Step: An invention must possess an inventive step or non-obviousness, which means it should not be obvious to a person skilled in the relevant field of technology. The invention must involve a technical advancement or an inventive concept that is not readily deducible or obvious from existing knowledge or prior art.
Industrial Applicability: The invention must have industrial applicability, meaning it should be capable of being made or used in an industry. It should have practical utility and be applicable in any field of technology.
Exclusions: Not all inventions are eligible for patent registration. Certain subject matters are excluded from patent protection, including inventions that are contrary to public order, morality, or health. Discoveries, scientific theories, mathematical methods, aesthetic creations, and computer programs per se are also excluded from patentability.
Ownership: The person seeking patent registration must be the true and first inventor or the assignee of the inventor. In case of joint inventors, they should be listed as co-inventors in the patent application.
Non-Disclosure to the Public: It is important to note that the invention should not have been publicly disclosed before filing the patent application. Public disclosure may affect the novelty and nonobviousness of the invention, potentially jeopardizing its eligibility for patent protection.

Stepwise Procedure for Patent Registration in India

Patent Registration process can be completed in multiple stages, beginning from Patent Search to the issuance of Patent Registration Certificate. These stages involve legal intricacies which can be better handled by an experienced IPR Professional. So, we strongly recommend approaching a Patent Service Provider like Setindiabiz, or an experienced legal practitioner for patent filing in India.

Here is a detailed explanation of the Patent Registration process in India:

Step 1: Patent Search

Patent Search is the first step of Patent Filing procedure in India and is conducted worldwide to determine the novelty of an invention. Generally, it is considered safe to do patent searches before patent application filing. If an invention is found in prior arts or closely resembling prior arts, then the novelty of that invention can be challenged by the Indian Patent Office and the application can be objected to. Therefore, it is important to perform prior patent searches to assess the chances of your patent getting approved by the Patent Office.

Step 2: Drafting Patent Specification

After conducting thorough searches worldwide, the specification of the invention is written in a techno-legal language with or without the inventor’s claims. Without claims is the provisional specification and with claims is the complete specification. The specification outlines the field of invention, detailed description of the invention with working examples, and the best method to use the invention so that when it comes to the knowledge of a person skilled in the art, it can be easily used. Legal protection to the patent is granted when the specification is drafted with the inventor’s claim and is complete.

Step 3: Patent Application Filing

After drafting the Patent Specification, you can begin the procedure for Filing Patent Application in India. As we discussed earlier, patent applications can be provisional or complete, based on the specifications drafted. The drafted provisional or complete specification is filed in Form-2 while Patent Application form is filed in Form 1 as prescribed by the Indian Patent Act. If a provisional patent specification is filed, then within 12 months of its filing, a complete specification has to be filed with the inventor’s claims. There are 6 different types of Patent Application forms which can be filed on the basis of their purpose. These are:

Ordinary patent application: Used to file a patent application directly in India, seeking protection only within the Indian territory.
PCT National phase patent application: Used to enter the national phase of PCT or Patent Cooperation Treaty in India, after which the applicant will be allowed to seek patent protection in multiple countries.
PCT International patent application: Used to file a single patent application for patent registration in multiple countries which are members of the PCT, providing a centralized process for seeking patent protection internationally.
Convention patent application: Used to claim priority based on an earlier application filed in a convention country, allowing applicants to secure the priority date for their invention.
Divisional patent application: Used to divide an existing patent application into multiple separate applications, typically when the existing application contains multiple inventions.
Patent of addition application: Used to file an application for an improvement or modification of an already existing invention for which a patent has already been granted.

Step 4: Patent Publication for Public Opposition

Once the patent application process is complete, then after the expiry of 18 months from the date of patent filing or date of priority whichever is earlier, the patent is published in an official journal and is open for public viewing and inspection. This provides an opportunity to the general public to raise an objection to the patent on valid grounds.

Step 5: Requesting Patent Examination

The patent application is examined only when a request for examination has been filed. The request for examination has to be filed within 48 months of the patent filing date or date of the priority. The patent examiner examines a patent application and issues an examination report. The examination report contains a series of objections raised by an examiner. The response to an examination report has to be filed within 12 months of the issuance of the examination report. If needed, the examiner can call the applicant or his agent for a show cause hearing to resolve the objections. That’s why this phase is also called patent prosecution.

Step 6: Grant of a Patent

After all objections to the examination report have been replied to and the examiner is satisfied with the reply of the applicant, the application is put in order for grant of Patent Registration. This marks the end of the procedure for registration of Patent. On the other hand, if the examiner is not satisfied with the reply and arguments of the applicant, then he/she can reject the patent application. In this case, the applicant will again have to repeat the entire patent procedure in India again to get patent protection.

Documents Required for Patent Registration

The patent filing process in India is incomplete without the submission of certain supporting documents with the application. These documents are essential for successful patent registration to the extent that their incorrect or inadequate filing may result in the application being rejected by the Patent Office. Here’s a complete list of these documents required for Patent Registration in India.

Application Form: A duly filled and signed patent application form (Form 1) is required, providing details such as the applicant’s name, address, and contact information.
Provisional/Complete Specification: A patent specification document (Form 2) is required, describing the invention in detail, including its technical aspects, working examples, and any drawings or diagrams necessary for understanding the invention. A provisional patent specification may be initially filed, followed by a complete patent specification within 12 months.
Abstract of the Invention: A brief summary (not exceeding 150 words) highlighting the technical features and advantages of the invention is required.
Power of Attorney: If the patent filing procedure is being carried out by a Patent Agent or Service Provider, a Power of Attorney document authorizing them to act on behalf of the applicant is required.
Statement and Undertaking: A statement and undertaking (Form 3) declaring the inventorship of the invention and the accuracy of the information provided in the application must be submitted.
Priority Document (if applicable): If the applicant is claiming priority based on an earlier filed patent application in the convention country, a certified copy of the priority document, along with its English translation must be submitted.
Proof of Right to File: In cases where the applicant is not the inventor, a document establishing the applicant’s right to file the patent application, such as an assignment deed or employer-employee agreement, needs to be submitted.
Form 28: If the applicant is a registered MSME or DPIIT Recognized Startup, they can claim reduction in Patent registration fees by using Form 28.
Proof of Fee Payment: The requisite patent registration fees for filing the patent application form, along with any additional fees for specific services like Patent Examination and filing replies to Patent Objection, must be paid and the proof of such payment must be submitted.

Cost & Validity of Patent Registration

Once a patent is granted, it confers exclusive patent rights to the inventor or applicant for a period of 20 years from the date of filing the patent application form, subject to annual renewals starting from the 3rd year after the Patent has been granted. For the cost of Patent Registration in India, you can refer to the table below. It discusses the patent registration fees in India both for e-filing and physical filing modes.

Applicant Type	E-Filing Fee (INR)	Physical Filing Fee (INR)
Natural person(s) and/or Startup*	1,600 (within 30 pages, 10 claims)	1,750 (within 30 pages, 10 claims)
Small entity, alone or with natural person(s) and/or Startup	4,000 (within 30 pages, 10 claims)	4,400 (within 30 pages, 10 claims)
Others, alone or with natural person(s) and/or Startup* and/or small entity	8,000 (within 30 pages, 10 claims)	8,800 (within 30 pages, 10 claims)
Additional Fees	160 per extra page 320 per extra claim	180 per extra page 350 per extra claim

Conclusion

Step by step patent process is crucial for safeguarding intellectual property rights of inventors in India. From conducting patent searches, assessing patent’s novelty, to drafting and filing the patent application form, each stage plays a pivotal role in the overall procedure of patent registration in India. The subsequent examination and prosecution phase involves addressing objections raised by the examiner and are also crucial aspects of the patent registration procedure. Furthermore, patent publication after the filing of patent application allows for public scrutiny and raises the possibility of objections to the patent.

So, by navigating through this patent process diligently and seeking professional guidance, successful patent registration can be achieved, ensuring the protection of innovative ideas. This, in turn, opens up opportunities for commercialization, partnerships, and business expansions, ultimately contributing to the growth of innovation across various industries.

FAQs

Q1: What is the first step in the patent registration process in India?

A: The first step is to perform patent searches to determine the novelty of the invention. This involves conducting searches worldwide to identify prior art or similar inventions. It is important to perform these searches before filing a patent application to save time and money.

Q2: What is involved in patent drafting?

A: Patent drafting is the process of writing the invention in a techno-legal language known as the specification. This specification can be either provisional or complete. It includes a detailed description of the invention, working examples, and the best method of performing the invention. The legal part of the specification includes the claims, which define the legal protection sought by the inventor.

Q3: How do I file a patent application in India?

A: To file a patent application in India, you need to prepare a series of forms according to the Indian Patent Act, 1970. If you are filing a provisional application, you need to file Form-2 along with the drafted provisional or complete specification. If a provisional patent application is filed, a complete specification must be filed within 12 months. There are different types of filings, such as ordinary application, PCT National phase application, PCT International application, convention application, divisional application, and patent of addition application.

Q4: What happens after filing a patent application in India?

A: After the patent application has been filed, it goes through the process of publication. The application is published in an official journal after 18 months from the date of filing or the priority date, whichever is earlier. This publication allows the public to review the application and raise objections, if any.

Q5: When does the examination of a patent application take place?

A: The examination of a patent application in India takes place only when a request for examination has been filed. The request for examination must be filed within 48 months of the application filing date or the priority date. A patent examiner then examines the application and issues an examination report, which contains objections raised by the examiner.

Q6: What is the process of patent prosecution?

A: Patent prosecution refers to the phase where an applicant responds to the examination report issued by the patent examiner. The response to the examination report must be filed within 12 months of its issuance. If necessary, the examiner may call the applicant or their agent for a hearing. This phase involves addressing and resolving the objections raised by the examiner.

Q7: How is a patent granted in India?

A: Once all objections in the examination report have been addressed to the satisfaction of the examiner, the application is put in order for grant. If the examiner is not satisfied with the applicant’s response, they can reject the application. If the application meets all requirements, a patent is granted to the inventor.

Step by Step Procedure For Patent Registration in India