Check on Patentability
Check if the invention is patentable or not in terms of the Patent Act, and confirm whether it is new and has not been published prior to filing with the patent office.
Write down your invention (idea or concept) in maximum detail possible, Use drawings, diagrams, sketches to explain how Invention works and specify its claim.
Filing of Patent
The patent can be filed in India with the provisional specification or complete specification, However, in any case, the complete filing must be completed within 12 months.
Patent Office Activity
The patent is examined and published by the patent office and if no objection is received from the examiner or if no third party opposition, the patent is granted.
Registration of patent in India is a serious work which needs years of experience and sound technical knowledge of the subject matter. To register a patent an application is filed for the invention which is new, novel and which has not been disclosed anywhere prior to filing the application of patent before the office of the controller of patents in India. In India invention of new goods or industrial process can be filed. The main eligibility for an invention for grant of the patent is the existence of inventive steps, and which is non-obvious. The industrial applicability is another important feature and finally, the invention must be commercially beneficial, in other words, the claims of Invention must indicate effective value.
This is the most common application by Indian inventor wherein the invention is disclosed for the first time and can be filed either with the provisional or complete specification. In case the application is filed with the provisional specification, the complete specification must be filed within 12 months of application date.
The Paris convention on patent have recognized the value of first disclosure or “Prior Art” and in case of international applications an applicant can file a patent within 12 months of filing the first application and the previous disclosure shall not be considered as prior art for the subsequent country application.
The patent Co-Operation Treaty provides for a mechanism wherein an international application for grant of a patent can be filed from India for 152 contracting countries. In the first phase application is examined by international examination authority, thereafter applicant has the liberty to file national phase application.
Overall Cost of Patent in India
Step wise analysis for various applicant types
Grant of Patent
|Professional fee (approx.)||Action type||Timelines||Pro Turnaround
|NA||15,000 to 30,000||Optional||NA||5-10 days|
Patent application drafting
|NA||25,000 to 75,000||Mandatory||NA||7-10 days|
Patent application filing
|Individual/Startup: Rs. 1600
MSME: Rs. 4000
Others: Rs. 8000
Request for early Publication
|Individual/Startup: Rs. 2500
MSME: Rs. 6250
Others: Rs. 12500
Reply to examination reports
|NA||20,000 to 60,000||Mandatory||Generally, around 1 to 2 years from request for examination (RFE)||7-15 Days|
|NA||15,000 per hearing||Optional||Generally, within 6-9 months from issue of First Examination Report||2-4 Days|
Patent Grant: Final Stage
|NA||NA||NA||Generally, after 6-9 months from the issue of First Examination Report||NA|
Renewal of Patent
|NA||1,000 to 5,000||Renewal is Mandatory||After 1 Year from Grant Date||1-2 Days|
Patent Filing Documents
Basic Required For Patent Filing in India
- Digital Signature of the Applicant
- Authorisation to the patent attorney.
- The patent questionnaire.
- A signed copy of Patent Specification
- Declaration of Inventorship signed by the Inventor
- Prior art documents, in case of International Application
Specification Must Contain Following
- Title of Patent
- Abstract of the patent specification (A Summary)
- Detailed Specification exhibiting inventive steps
- Drawings and Flowcharts if any
- Claims of the Patent
Videos on Patent Registration
Frequently Asked Questions
What are the benefits of patent registration?
The patent registration confers upon the inventor or the applicant, in case rights have been delegated in favor of some other person. Key benefits are as under
- Patent grants exclusive right to commercially exploit the rights over an Invention
- The inventor can assign his rights in favor of another person against consideration
- A patent is considered favorably for recognition as STARTUP
- Exclude all others from using, selling, offering for sale your invention in your country
- Having patents help you in raising finance as investors attaches considerable value to it
What is Prior art search ?
Prior art search is a process to find any evidence that there is a previous knowledge of the invention before the date of filing of the patent application. To be patentable, the invention must be new and no prior art should exist
What is Provisional Application Filing?
Provisional patent application filing means, disclosing the preliminary details of the invention to the patent office. We strongly recommend filing a provisional application of Patent immediately after the invention is conceived. So, that even if it is leaked it should not create prior art against the invention being applied. The provisional application must contain the maximum possible disclosure of the invention.
What is a Complete Specification?
When a patent application is filed in India with the provisional specification, the complete specification must be filed with drawings and claims of the invention within 12 months of original filing. The final specification must be drafted in such a manner that a person of same or similar skill must be able to make the goods or perform the industrial process after reading the specification.
What is Examination of Patent?
After filing the complete specification, a request for examination of Patent must be filed. There is an alternate method for express examination of Patent. After examination, the patent examiner comes up with an examination report with the findings on patentability and prior art search.
What is the publication of a patent?
The publication of Patent is done upon request after the expiry of 18 months. However, an early publication request can be made to the patent office. So, that it is advertised within 4-5 months
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