How to Get a Patent for My Invention in India

Last Updated at: Sep 30, 2020
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Get a Patent

The most common question comes in the minds of anyone interested in knowing about the patent in India and safeguarding the invention. The question is important for every sector. The person may be a business owner, a research scientist, or maybe a professional. The word patent is one of the most searched afterwords in Research and business. We assume that you have an interest in knowing about this more or looking to Get a Patent for your invention. This is the best thing an owner can acquire for their invention as it gives the intellectual property right to the owner.

The patent is a type of intellectual property, hence the filing of a patent for your invention becomes important. A patent is provided to promote the growth of the economy through innovation. The rights provided are exclusive and for a limited period.

  1. Steps to file the patent

  2. Advantages

  3. How Vakilsearch helps in the filing of  the patent

Steps to File the Patent

Step 1: Curate your invention in a detailed manner

The basic points in the written document would be:

  • Field of invention
  • Idea or utility of the invention
  • Working of the invention
  • Advantages

The documents from the research and development phase must get sign along with the date by you and the competent authority.

Step 2: Explain your invention through diagrams

The diagrams will enhance the utility of your invention. Through the diagram, the working of the invention will be explained. The visual presentation will enhance the chances of getting the patent.

Step 3: Check the subject matter

Check with the Indian Patent Act as all the inventions are not patentable. One has to check for the list of exceptions

Patent Your Innovation Now

Step 4a: Patentability Criteria & Other checks

The next step in the process is to check whether the invention meets all criteria stated by the authorities as per the Indian Patent Act. This should cover:

  • Industrial Application
  • Enabling
  • Non-obviousness
  • Novelty

One can check with patent professionals regarding extensive research work and for the opinions. After receiving opinions, decide whether you want to work further on the patent or not. Likewise, this step reduces the extra burden and will give you a detailed picture of the patent’s monetary worth in the future. Further, this step saves time and cost as well.

Step 5: Fill the patent application

The provisional application can be done in case the invention is in the very early stage of research and development. The advantage of this is as follows:

  • Low cost
  • 12 months duration to complete specification
  • Safeguard the filing date

The required documents to be submitted and your research work should be able to generate a prototype to support your invention claims. One can file complete specifications along with the application. Further, in case you have a detailed explanation for your invention you can go for complete specifications.

Step 6: Publish the Application

Once the application has completion, it will be done after 18 months of first filing. However, one can request for early publication by paying the stated fees. Additionally, it will take around one month to publish once the early publication request has registration.

Step 7: Examination Stage

One has to request the authorities (RFE) to examine the application. Once the request for examination receives, the controller forwards the patent application to a patent examiner who scrutinizes the application with some criteria like:

  • Inventive step
  • Enabling 
  • Novelty
  • Industrial application
  • Patentable subject matter
  • Non-obviousness

The scrutinizer develops a report of the patent application and will review it concerning the above terms. Moreover, this states as patent prosecution. Additionally, the first report will handover to the controller containing a basic check on invention patentability and its genuineness.

Step 8: Objection Clarification

Maximum patent applications will call for some sort of objections as per the examination report. Further, the best way to resolve this is to check your documents and go through with the examination report with the help of a patent professional. Moreover, draft a response to the objections and send them to the respective authorities.

Step 9: Communicate with authorities

The applicant requires to communicate with the controller to make sure that all objections in the patent applications resolve and the applicant has a fair chance to justify his point. Once the objections are clear the applicant will require as early as possible.

Step 10: Patent Grant

The application will move forward for the grant as soon as it fulfils all the requirements stated by the authorities. Further, the patent grant is stated in the patent journal. Additionally, the journal is published from time to time.

Advantages

  • The invention can own for a specific period of 20 years
  • The patent can utilize to build a business
  • The patent holder can sell the patent to the other company further
  • Refrain to others from using, selling, and importing your invention in your country
  • Hence, the businesses can enjoy the competitive advantage in the market with the help of the patent

How Vakilsearch helps in the filing of  the patent

  1. An attorney will be assigned to your request, he will search the database
  2. Inventiveness will be assessed by the lawyers
  3. The patent will be filed with the utmost care.