A provisional patent filing means the filing of provisional specification of an invention that still needs to be completed. The provisional filing is done to preserve the novelty of the invention. We help file the provisional patent in less than 24 hours in India.
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A patent grants an exclusive right to the inventor/owner of the Invention done in the form of new goods or as new or improved Industrial Processes. Registration of patents in India is serious work requiring years of experience & sound technical knowledge of the subject matter. For grant of the patent, an application is filed for the Invention, which is new, novel & was not disclosed anywhere before filing it to the office of the controller of patents in India. The patent application is filed with a technical write up in the form of Patent Specification. One of the main criteria of patentability is its novelty & non-obviousness. There are three kinds of patent applications that may be filed. Here is the brief on the Type of Patent Application.
This is the most common application by an Indian Inventor. The Invention is disclosed for the first time before the Indian Patent Office and can be filed either with the provisional or complete specification. If the application is filed with the provisional specification, the complete specification must be filed within 12 months of the first application date.
The Paris convention, 1883, on patent the contracting countries have recognized the value of first disclosure of patent 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 a grant of a patent can be filed from India for 152 contracting countries. In the first phase, the application is examined by the international examination authority of the applicant’s choice; after that, the applicant can file the national phase application.
While granting a patent, a country gives exclusive rights of the invention to the patent holder within the territorial jurisdiction of that country. The patent is a negative right to exclude others from making, using, selling or dealing in the invented goods or industrial service. Every country has their set of laws to judge the invention for giving legal protection of the patent.
Frivolous Invention Anything Contrary To The Natural LawsMere DiscoveryAbstract TheoryDiscovery Of Living Or Non-Living ThingsDiscovery Of New Form Of Known SubstanceMere AdmixtureMere Arrangement Or Re-ArrangementMethod Of HorticultureMethod Of AgricultureSurgical ProcessMathematical/ Business MethodAlgorithmComputer Program Per SeMere Scheme Or RuleTopology Of Integrated CircuitLiterary Or Artistic WorkPresentation Of InformationTraditional Knowledge OrInvention Related With Atomic Energy
The first step for Patent Filing in India should start with collecting all the information, ideas, and concepts relating to the instant Invention. While collecting the details of the Invention, you may consider the preparation of a diagram, flow chart or sketch with a particular emphasis on how your Invention is different from the existing knowledge or art. This step helps us perform prior art searching and the drafting of the patent specification.
The next logical step is though crucial but is an optional one. The patentability of a patent depends broadly on four criteria, as explained in the above section of this page. The patentability search and prior art searches help the inventor to decide whether to go ahead or not with the Patent.
The patent specification is the most crucial techno-legal document that is filed as a mandatory attachment in a patent application. The drafting of the specification should be done by the inventor himself or a person who is a specialist in the subject matter; the attorney should see if proper terminology is used or not and whether the specification is complying with the patent law or not.
The patent office does the publication of the patent upon an application by the applicant. The publication of the patent is done after 18 months from the date of patent application only when the applicant makes a separate application for the same. However, the application for early publication may be filed with the additional fee along with either with the application or any time after its filing. The purpose of advertising the patent is to afford an opportunity to the public at large to see if there is any objection to the grant of the patent in favour of the applicant.
The applicant needs to make an application for the examination of a patent where the examiner reviews the application from the point of patentability and issues the First Examination Report (FER). The application for examination is filed after the patent is advertised; however, before 48 months of filing the first application. An application for expedited examination may be filed to speed the process.
The examiner records the patent office's objections in grating the Patent to a particular inventor in the patent examination report. A suitable reply should be filed with a pointwise reply on each point of objection supported with established legal principles and citation of the relevant ruling.
Once the patent office is satisfied with the reply to the examiner's objections and if the application meets all the patentability requirements, the Patent is granted.
Application in Form 1Patent Specification in Form 2Drawings With DescriptionAbstract of InventionClaims of PatentPriority Document (Convention Application)Statement & Undertaking under Section 8 (Form 3)Declaration of Inventor-Ship (Form 5)Power of attorney (Form 26)Form 28 in case of MSME/ StartupThe Prior Art Searches are conducted to find related documents or literature similar to the invention. By conducting Prior Art Searches of the patent, the inventor shall know whether the same or similar invention exists. Although a prior art search is not mandatory, for instance, if the patent application is being filed only for publicity or to use it in marketing activities of the enterprise with no intention to get the patent granted, the Prior Art Search is non-essential. However, if the invention is fundamental to the business or where significant resources have been used to research & develop the new product or process, the Prior Art Searches becomes a must thing. Similarly, the amount to be invested in the prior art also depends on the nature & purpose of patent filing.
A prior art search may be conducted in one or more databases of different jurisdictions with the object of finding the same or similar invention. The inventor may re-work his invention to make it novel and thus patentable. The prior art searches maybe involve the following.
The patent specification is a techno-legal document that appears in the public search when the patent gets published. The examiner decides the patent application based on the patent specification and the claims; hence, it is the essential document in a patent application where the inventor explains all about the invention. The patent application may be filed in India with the provisional specification or with a complete specification. The application is deemed to be completely filed after filing the complete patent specification.
Provisional Specification of Patent: The Patent application is filed with Provisional Specification to claim priority date before the Patent Office. It is filed by the inventor where more time is required to perfect the invention. However, it has reached a stage where it can be disclosed. The provisional specification does not contain claims, and within 12 months of filing the provisional specification, the complete specification should be filed.
Complete Specification of Patent: The complete specification is a techno legal document, where the inventor discloses all details of the Invention along with the claims that the inventor has from the Invention. The complete specification must contain the following in the document.
Title Field of Invention Background Summary Brief Description of Drawings Detailed Description Abstract Claim(s) DrawingsThe Patent Specification is such an important tool; it may be used in favour of the patent applicant or against it; hence it should not be left to be designed or drafted by a layman. We have come across several cases where the inventor has prepared the specification without professional assistance & loses the patent itself. The specification needs to be drafted by keeping in mind the patenting process, using legal & technical terminologies, & complying with the provisions of patent law. We have domain expert lawyers & scientists to help in patent drafting.
The patent application is a stage-wise process as detailed in the step-wise process section; the patent may get published on an additional government fee. The applicant can also file for expedited examination of the patent to reduce the overall time required for the grant of the patent.
| S.No | Activity | Normal Route | Express Route |
|---|---|---|---|
| 1. | Novelty search: Prior Art Search is optional but highly recommended | 10 Days | 10 Days |
| 2. | Drafting of Patent Specification | 15 Day | 15 Day |
| 3. | Filing of Patent Application | 1 Day | 1 Day |
| 5. | Request for Examination | Within 48 Months of Application Filing | Along with Application |
| 6. | First Examination Report (FER) | More than 1 Years after the request for examination is filed | Within 6 Months of Application Filing |
| 7. | Response to FER or Opposition | File reply within 6 Months of issue of FER | File Reply ASAP if the issue of FER |
| 8. | Grant of Patent | Practically it takes 2-4 Years in Grant of Patent through Normal Route | Under Express Route Patent is Granted within 1-1.5 Years |
To keep a patent in force, a renewal fee has to be paid to the Indian patent office before the expiration of the second year for the advancing year. A patent is granted for a period of 20 years from the date of filing of the application and the International filing date in case of the PCT National phase application. The renewal fee is paid to the Indian patent office 3rd Year onwards in advance.
If the patent is granted later than two years from the date of filing of the application, the due fees have to be paid within three months from the date of recording of the patent in the register. If the patent is granted before the expiry of the two years from the date of filing of the application, the first renewal fee becomes due in respect of the third year, which has to be paid before the expiration of the second year. There is no separate form to be submitted for renewal. An applicant can directly pay the renewal fee by making a request to the patent controller.
