What is the procedure of filing Patent Application in India?

Patent application for the registration is managed and controlled by "The Patent Office, Controller General of Patents, Designs and Trade Marks." The patent registration in India gives an exclusive right to the owner or patentee over his/her invention for a limited period. After completing the registration, no one will be able to use the inventions without getting permission from the owner. Still, the invention must be unique and innovative, which can be used in the industry. In this blog, we discuss the procedure of filing a Patent Application in India.

Documents required for a Patent Application in India

Below are the lists of all the documents required for filing the Patent application for registration:

• Fill the Form-1 for Patent Registration.
• Complete specifications in Form-2.
• Statement and undertaking in Form-3.
• If the patent agent applies, then the power of authority in Form-26.
• In the case of a convention application, one has to file important documents and the application form within 18 months from the priority date.
• In case the application is related to biological material obtained from India, it's required to submit to the National Biodiversity Authority.
• A declaration from the investor in Form 5.
• Bring proof from the inventor regarding filing a Patent Registration application.
• The application must be signed by the patent attorney or an applicant with the date, and the name & Specification must also be signed on the last page along with the date.
• The primary source of origin of any biological material should be indicated in the Patent Registration form.

Process for Filing a Patent Application in India

Before filing a patent application, please do not reveal your creation or invention in the public domain because it loses the novelty of your innovation.

Creators or inventors can file a patent application in two different ways:

• The inventor can file the patent on his or her own.
• The inventor can take the help of a patent filing agency or an expert.

Following are the step by step process to file a patent application:

Step 1: Check whether your invention is patentable or not:

Before the patent registration, you make sure that your invention is patentable or not, which means you need to check if any other individual has filed a similar patent for which you are filing. Going in-depth patent search helps you to understand whether or not you have a chance of getting a patent. This step is not necessary, but this step can save your maximum time and helps you to understand whether you should file a patent in the first place or not.

Step 2: Draft of the Patent Application:

After the first step, you can start to apply for an Indian applicant need to file an Indian Patent Application Form 1. It is compulsory that the applicant need to provide a Form 2 patent specification. In case if you are testing your invention, then you can apply for a provisional patent application, and you will get 12 months to complete the invention and file a complete patent. While you are drafting your patent application, you need to pay attention to.

Step 3: File the Patent Application:

Applying for a patent application you need to submit it with several application forms, and you can check the list of the application form below:

• Form 1: Application for Patent Registration.
• Form 2: Complete or Provisional specification.
• Form 3: Undertaking and Statement under Section 8 of the Patents Act, 1970.
• Form 5: Inventorship Declaration.
• Form 9: Publication Request.
• Form 18: Examination Request.
• Form 26: Patent Agent Registration.
• Form 28: For Small Entity or start-ups.

Step 4: Publishing the Patent in the Journal:

Once you submit all the documents, then your patent application is secured by the Indian Patent Office. After 18 months of period, your patent will be published in an official patent journal. If any creators want to publish their application before 18 months of the period, then they have to submit Form 9. There are some cases in which your application may not be published which include incomplete applications, withdrawal requests made by the individual filing the patent.

Step 5: Examine the Application:

According to the rules of the application process of patent in India, your patent is correctly examined before your patent is granted. This examining process is started when the applicant requests to examine their application by submitting Form 18. The patent office examines the application only after a formal request for examination is made.

At the time of examining the application, the examiner follows the steps as mentioned below:

1. The patent examiner examines the application according to the Patent Act and rules.
2. The examiner searches for the same or similar technologies to ensure the invention which satisfies the patentability criteria.
3. Once the reviewing of the application is done, a first report is submitted in which reasons for Trademark Objections if any.
4. The patent examiner makes a detailed list of objections, and this extends the process by another 6-9 months.
5. If the applicant or creator of the patent needs to make changes to his or her objection, then they can request for extension of time by filing a request application to the patent office by submitting Form 4.

Step 6: Issuance of Patent Certificate:

Once the patent examiner examined the application and did not find any objections, then they will grant the patent, and the patent is published in the official patent gazette.

Renewal of Patent Application

It is compulsory to renew the patent every year; if the patent is not renewed, it will come under the public domain. In India, the renewal of a patent for one year is through filing renewal applications and the prescribed fees. The renewal fee payment of the patent is payable at the end of the 2^nd year from patent registration. In case the renewal fees are not paid within the due date, then the patent gets ceased to effect, and it can only be stored by filing a restoration application in the Form-15 within 18 months from the date patent got ceased.

Conclusion

It is clear from above that a patent's registration is mandatory in India because it keeps or provides legal security to your unique patent. With the help of patent registration, you can sue anyone who is using or copying your patent.