Detailed Guide for Patent Registration In India

Step 1 : Write Down you Idea or Concept ( Invention) In Detail /Invention Disclosure Form (IDF) 

An IDF  is a formal record  of an invention.  ( click here to Download IDF)
The IDF should Include :- 
1.Name of Applicant/s ,Address and other related Information
2.Name of Inventor/s,Address and other related Information
3. Domain of Invention
4.Current working  of system/method / or product 

5.Detailed working of your invention
6.Advantages of your invention over current system/product
Also Invention Disclosure From (IDF) is an  Important document for your Patent Agent /Patent Attorney      to understanding patentablity of your product 

           Step 2 : Add Drawings ,Flow Chart, Exponential view,Component Views ( If Any)

Also along with Detailed Disclosure(IDF) of your Invention you should submit relevant Diagrams,different  views ,Flowchart which can Describe invention thoroughly.  

     Step 3 : Is your Invention Patentable ?

      All in invention are not  patentable .so Inventor must check whether his/her invention is patentable  before proceeding further. you must cross verify that your invention should not fall  under section 3 &  Section 4 of Indian Patent Act 1970. 

           Step 4 : Patentability/Novelty Search ( Optional)

     Is a search of patented documents or non-patent literature (prior art) that throw light on the invention either in one document of in combination of documents are disclosed publicly. 

     What are the Criteria to check whether invention in Patentable ?

     Novelty:

     An invention will be considered novel if it does not form a part of prior art. Information appearing in magazines, technical journals, books, newspapers etc.                                

Oral description of the invention in a seminar/conference  may considered as a prior art can seriously spoil novelty. Novelty should assessed in a global context.

An invention will not be considered novel ,if it has been disclosed in the public through any type of publications anywhere in the world before filing a patent application for respective invention

Use of your invention in any country of your interest  before priority date of your patent application can also destroy novelty of invention 

the patent search and other non patent literature search are most crucial to determine novelty of your Invention

Inventiveness (Non-obviousness)

The invention must be non-obvious( Surprising ,Unexpected) or involve an inventive step and not obvious to the person skilled in the art.

“Inventive Step” is a feature of an invention that involves technical advancement to the existing Problem or having economic significance or both and also that makes the invention not obvious to  a person skilled in the art.

Usefulness

The invention must be useful or capable of industrial application. It must be capable of being made or used in the industry

           Step 5 : Patent Drafting( Writing)

      In case you invention /Concept /Idea is in very early stage and need some more time to come up with the final product /process.  One should file Provisional Patent Application .

      Once you filed Provisional Patent Application you get the following benefits 

      1. Secure Priority date for your application ( from priority date your protection start for your invention)

      2. You get additional time to file Final Specification (Complete Specification)

      3. Once you secured Priority date you can take help from third parties for development/assistance for your product/process (invention/idea) development without a fear of Stealing of your Invention/Idea/Concept  as your protection start from the filing date of Provisional application

      4.Cheaper in Cost 

      Following things must keep in Mind while Processing with Provisional Application

      1. You must file complete specification within 12 months from the date of filling date Provisional Specification  if you fail to do so your application will be lapsed 

      2. You will loose protection /Priority of Application if you fail to file complete(Final) specification within 12 months.  

                               Alternatively ,

      You can file complete specification Application directly by skipping Provisional Specification application all together

      Provided , your invention/Concept/Idea has complete details/information without any ambiguity or any change in product /process. 

      So filing Provisional application is a Optional but Filing Complete Specification is a mandatory 

      Content required for the drafting of provisional patent applications:

• ·   Title, Field of invention, Background, Objects, Brief description of drawings (if any), Detailed description,Advantages, Drawings (if any), Disclosure of biological material used (if any)
• ·    Forms required for Provisional Patent Application:-
• ·    Form 1:- Application for Grant of Patent
• ·    Form 2:- Provisional Specification
• ·    Form 26:- Form of Authorization of Patent Agent (If filed  through patent agent)
•  

•    Content required for the drafting of complete/Non-Provisional patent applications  subsequently to Provisional Specification :

    Title, Field of invention, Background, Summary, Objects, Brief description of drawings, Detailed description, Advantages, Claims, Abstract and Drawings (if any), Disclosure of biological material                used (if any) 

   Forms required for Complete Patent Application after Provisional Application:-

   Form 2:- Complete Specification

   Form 5:-Declaration as to Inventor ship

•    Forms required for Direct Complete Patent Application (without prior Provisional              Application):-

   Form 1:- Application for Grant of Patent

   Form 2:- Complete Specification

   Form 3:- Statement and Undertaking Under Section 8

   Form 26:- Form of Authorization of Patent Agent (If filed  through patent agent)

•                       

           Step 6 : Patent Application Filing

     Once You or Your Patent agent /Patent Attorney done with Patent application draft ( writing ).you must review the draft  and if you are satisfied with the scope and technical details covered. you can file your patent application in prescribed manner along with above mentioned forms (in step 5.) 

     You need to pay government filing fees according to type of applicant.

     For natural person/startup – INR 1600/-

     For Small and Medium Scale Business- INR 4000/-

     For any other entity – INR 8000

            Step 7 : Publication of Application

     The application will be published on Patent Office website after completion of 18 months from the date of filing. The application can be viewed at the Indian Patent Office website After publication, the applicant enjoys the rights as good as that of a patentee, 

      however, the applicant after publication cannot seek infringement proceedings against competitors till the patent is granted. But, once the patent is granted the applicant can claim damages from the infringing party from the date of publication. Hence, the early the publication, the better to claim in the infringement damages.

      Early Publication :- 

Advantages of Early Patent Application Publication

 When an infringement happens, the applicant can claim damages from the date of publication. Therefore, it forms as a major advantage of Early Publication

           Step 8 : Request for Examination

     After publication, the patent office performs an examination of application only if a request for examination with appropriate fees is filed within 48 months from the date of filing of the application

     Early Examination:-  Patent office provided early examination route open  for 

                    startup and 

                   for national phase entry application selected India as searching authority

           Step 9: Issuance of Examination Report

     Upon receipt of examination request, the examiners conduct an extensive search with reference to your invention . In case of doubts, the examiner will issue Examination Report.                              

           Step 10: Respond to Examination report & Hearing

     A first examination report and subsequent examination reports will be issued if the need arises and convey to the applicant or authorized agent. The applicant or authorized agent is required to reply and clear examiners concerns and objections raised by the examiner.

     Call for hearing: In case if the examiner feels and requires can call for a hearing which the applicant or agent needs to attend physically or Virtually through Video Conferencing 

     Step 11 : Grant of Patent

     After extensive examination, the examiner finally decides upon the grant of application or rejection of the application.

     Post Grant Patent maintenance Procedure

     Step 12 : Patent Annual Payment/Maintenance fees

     After the grant of patent annual payment is to be paid till the life of the patent and the first payment begins after the end of the second year

     Step 13: Statement of Working of Patents

     Patentees and licenses (if any) need to furnish (within three months from the end of every calendar year), a statement as to the extent to which the invention has been worked in India on a commercial scale in the preceding year.