What to Do Before Filing a Patent Application?

Patents are a great incentive for innovation in today’s world, but obtaining one is one of the hardest things to do. In a country that loves its bureaucracy like India, it can be downright intimidating. But it doesn’t have to be… not anymore!

Intellectual Property Rights has become an inevitable tool in today’s economy. Following the Government of India’s Atma Nirbhar Bharat scheme, several companies have looked at innovation, which was already one of the most important sustainable development goals set by the Centre. Know What to do Before Submitting A Patent Application?

Besides the Atma Nirbhar Bharat scheme, other initiatives have already been set up. These include Make in India, Startup India, Digital India, and Skill India. The Atal Innovation Mission nurtures innovative energies across the country in schools and universities. Under the Intellectual Property Right policy, the Cell for IPR Promotion and Management, CIPAM has been tasked to facilitate the creation and commercialization of IP assets in collaboration with the Office of the Controller General of Patents, Designs and Trademarks.

The filings for IP rights have considerably increased and the Patent Offices are also getting revamped in terms of capacity building. The Patent Office started functioning as the International Searching and Examining Authority in October 2013.  

How Is A Patent Application Drafted?

Patent Registration in India – In case you want to apply for a patent, then you need to know the following steps

• Once you do your research and development, you are required to prepare an application. You can do this using Form 1
• Each application has to be followed by a patent specification. If you do this, then you need to fill out Form 2. Through Form 2, you are required to provide the complete or provisional specification depending on whether it is completed or partially completed. In case you provide a provisional application, you are given a year-long gap to finalise the invention and file the corporate application  
• You are also required to file a patent draft and submit it with your application. This is a vital document that is used by the patent office to decide whether your invention is granted a patent

How is a Patent Application Published?

• A Patent application that is filed with the Indian patent office is published in the Patents Journal
• This is done after 18 months or one and a half years of filing the application
• If you want to get the patent published earlier, you are required to make a special application using Form 9
• Note: In case there is a restriction placed under the Indian Patent Act regarding the publishing of the patent, it won’t be published in the journal.

How is a Patent Application Examined?

• Every application that has been filed for protection is thoroughly examined before it makes its way into the patent journal
• The application is first made for examination using Form 18
• Once the application is filed, it is transferred to the patent officer who then examines it to ensure that it is in accordance with the rules that fall under the Patent Act
• The officer then does a thorough search where the technology used for the innovation is analysed in-depth. If there are objections, they are communicated 
• The report issued in this case is called the First Examination Report (FER).
• Once all the objections are resolved, a patent is granted to the individual or company.

Necessary Actions Before Filing Patent

Keep Your Invention Secret Until the Date of Filing:

Secrecy is paramount when it comes to patent applications. Revealing your invention before filing can jeopardize your chances of obtaining a patent. By maintaining confidentiality, you ensure that your invention remains novel and eligible for patent protection.

Before discussing Sign an NDA (Non-Disclosure Agreement):

Before sharing your invention with potential collaborators, investors, or manufacturers, it’s wise to have them sign a Non-Disclosure Agreement (NDA). An NDA legally binds them to keep your invention confidential, providing an extra layer of protection.

Consult a Patent Attorney 

Navigating the complex world of patent law can be daunting. Engaging a patent attorney who specialises in intellectual property can provide invaluable guidance. They can help you understand the intricacies of the patent application process and increase your chances of a successful outcome.

Learn About Patent application process:

Understanding the basics of the patent application process is essential. There are different types of patents, including utility patents, design patents, and plant patents. Research which type aligns with your invention and familiarise yourself with the application requirements.

Study the Competitors’ Products and Patents:

Researching your competitors’ products and patents can offer valuable insights. It helps you identify existing inventions similar to yours, assess their patent protection, and find opportunities to make your invention stand out.

Study the costs of Patent Filing:

Applying for a patent involves costs, including filing fees and potentially attorney fees. It’s crucial to budget for these expenses in advance. Understanding the financial aspect ensures that you are prepared to move forward with the application process.

Think About Whether You Really Need a Patent:

Not every invention requires a patent. Evaluate whether your invention has commercial potential and if securing a patent aligns with your goals. Sometimes, trade secrets or other forms of intellectual property protection might be more suitable.

Know What You Want to Achieve With a Patent:

Clarify your objectives for obtaining a patent. Do you want to license your invention to others? Or do you plan to manufacture and sell the product yourself? Defining your goals helps shape your patent strategy.

Order a Professional Prior Art Search:

A prior art search helps identify existing inventions that are similar to yours. This step ensures that your invention is indeed novel and not already patented. Hiring professionals to conduct a thorough prior art search can save you time and potential disappointment down the road.

Prepare a Thorough Description of Your Invention (Invention Disclosure Report):

When applying for a patent, you need to provide a detailed description of your invention. This description, often referred to as an invention disclosure report, should be clear, concise, and accurate. Make sure to highlight the unique aspects and advantages of your invention.

Plan Your Overall Intellectual Property (Ip) Strategy:

Securing a patent is just one part of an effective intellectual property strategy. Consider how your invention fits into your broader business plans. Are there other forms of protection you should pursue, such as trademarks or copyrights?

Vakilsearch empowers you with a holistic intellectual property strategy. Beyond patents, we can help you sculpt your brand’s future with trademarks, copyrights, and more.

Vakilsearch experts don’t just file patents; we ignite the flames of your creativity. Your invention is more than an idea – it’s a legacy in the making. 

So, let’s embark on this journey together, where your brilliance meets our expertise, and innovation finds its true sanctuary.

Things to Remember

Here is a list of dos and don’ts to keep in mind while filing a patent application 

• The fees to be paid with respect to the patent are specified in the  First Schedule
• You are required to pay an additional 10% in case you physically file a patent application
• Moreover, you can pay the fee using cash, through electronic means or bank draft. You have to make the payment in the name of the Controller of Patents and draw it on a scheduled bank at the place where the appropriate office is situated. If the draft or banker‘s cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or banker‘s cheque has actually reached the Controller.
• In case of transfer of application from a natural person to other than a natural person, the difference, if any between the fee shall be paid by the new applicant: https://ipindia.gov.in/patents.htm with the request for transfer.

All this doubtless feels overpoweringly complicated and, I can’t lie, it is for the average person. But it isn’t for Vakilsearch. We enjoy the support of the finest subject matter experts in the field of intellectual property. And we can guarantee that nobody does it better than us. If you need a patent, get in touch with Vakilsearch. 

FAQs

Read more:-

• What Indian Patent Act Does not Cover?
• Brief details of Indian Patent act 1970 summary
• E-Filing of Patent Applications

• How to File Patents? Understanding the Patent Process in India