Patenting your idea, product or process in India is an essential undertaking that provides you total protection and rights over your invention. A patent registration stops other individuals from producing, using, or even promoting your invention with no authorisation for twenty years from the date of application. Here, in this blog, we will explain patent grant procedure in India.
Eligibility to a Patent
For a patent in India, your invention should satisfy three important requirements:
- Novelty: Your invention has to be new. What this means is it hasn’t earlier been made public.
- Inventive Step: Your invention must be significantly better or not obvious compared with existing products or processes.
- Industrial Applicability: Your invention should be applicable and practical to some industry.
Your invention also has to not belong to the groups (under Sections 3 & 4 of the Indian Patent Act), which are categories not patentable.
Types of Patent Applications.
You can file different kinds of patent applications, based on the point of your invention and your requirements.
- Provisional Application: This is a temporary application filed whilst your invention continues to be developed. It provides one year of protection.
- Complete Application: This is filed for full-term protection (20 years) and may replace a provisional application if filed within a year.
Other types include:
- Ordinary Patent Application: For patent protection within India.
- PCT National Phase Application: For international Patent protection under Patent Cooperation Treaty (PCT).
- PCT International Applications : Final stage of PCT process.
- Convention Application: To establish priority based on an earlier application filed in another country.
- Divisional Application: To split an existing application into several different programs.
How to Get a Patent in India?
These are the steps for patent registration in India:
Step 1: Patent Search
Conduct a patent search prior to submitting your application for a patent. This search is going to show you if your invention is new and has never been patented before. In case your invention is regarded as novel, you can move on to submitting a patent.
Step 2: File a Patent Application
When you feel your invention is novel, you might make a patent application.
- Provisional Application: In case your invention is still developing, file a provisional application. This gives you a high priority date along with a year to finish your invention.
- Complete Application: In case your invention is completely developed, you can submit a full application directly.
You must complete Form 1 for the application and describe your invention on Form 2.
Step 3: Drafting a Patent Specification
A patent specification describes your invention. It should include:
- Title of invention.
- Field of invention.
- Background of invention.
- Brief explanation of the invention.
- Detailed description.
- Drawings (if any)
- Claims (that establish the scope of protection)
Drafting a patent specification is a major step and could determine the results of your respective patent application. This part might benefit from professional help.
Step 4: Patent Publication
Your application will appear in the Patent Journal 18 months after you file your entire application. This publication makes your invention public.
Step 5: Request for Examination
You must request an examination via Form 18 within fortyeight months of filing your patent application. An examiner will examine your application to make sure that it is all legal. In case he finds that there exist any discrepancies, the examiner might object. You have to answer these objections within twelve months.
Step 5: Grant of Patent
In case the examiner is pleased with your replies and no additional objections remain, the patent office will grant your patent. You’ll get a patent certificate and your invention is protected for twenty years from the date of filing.
Required Documents for Patent Filing
You have to submit a patent application and several papers, including:
- Application Form (Form-1):
- Provisional/Complete Specification (Form-2).
- Abstract of the Invention.
- Power of Attorney (filed through an agent)
- Form-3 Statement and Undertaking (Form-3)
- Priority Document (in case any).
- Proof of Right To File.
- Acknowledgement of Fee Payment.
- Form-28 (when claiming a rebate in fees as a recognised MSME or startup)
Costs Associated with Patent Filing
Government and professional costs are charged for filing a patent in India. The government fees differ by applicant type and application length.
- For Natural Persons/Startups: 1,600 For electronic filing, 1,750 For physical filing (up to 30 pages plus ten claims).
- For Small Entities: 4,000 e-filing/4,400 physical filing (up to 30 pages & ten claims).
- For Others: 8,000 e-filing/8,800 physical filing (up to 30 pages plus ten claims).
- Additional Fees: 160 per additional page and 320 per additional claim for electronic filing; 180 per extra page along with 350 per extra claim for actual physical filing.
Conclusion
These requirements and steps for submitting a patent application in India could assist you with getting a patent. With a patent you safeguard your ideas and also be competitive with others whilst investing in your product or service. Whether you’re a personal inventor or an enterprise, a patent registration can be one way to make the best of your intellectual property.
FAQs
What are the basic steps of patent process?
The four steps in granting a patent are:
- Patent Search: Check the novelty of the invention.
- Filing Of Patent Application: Send the application and necessary documents.
- Patent Examination: An examiner reviews the application and makes objections where appropriate.
- Grant of Patent: The patent is granted after settling objections.
How much does a patent grant in India cost?
The cost of a patent grant in India comprises professional fees and government fees. Government fees vary from 1,600 for startups and individuals to 8,800 for other people, based on filing type and applicant. Extra pages and claims over the limits are subject to additional fees.
How long does it take for patent registration?
The patent process in India takes three to five yrs. This particular timeline includes filing the application, examination, responses to objections and completion of legal formalities. Delays could occur because of the invention’s complexity and the number of objections.
What are 5 requirements of a patent?
The five requisites for a patent are:
- Novelty: The invention needs to be new.
- Inventive Step: It has to show significant improvement or non-obviousness.
- Industrial Applicability: The invention has to find use in an industry.
- Full Disclosure: Details about the invention should be given.
- Legal Eligibility: It might not be forbidden under Sections 3 & 4 of the Patent Act.
