Read this blog to understand how patenting works in the chemical industry in India. If you have a business in this field, this blog may come in handy.
How Does a Patent Work in Chemical Industry
Patents, once considered unethical in the US, have become one of the most important laws to protect intellectual property. Especially in Chemistry, Pharmaceuticals and inventions in the area need special consideration as many others try to copy the original creation for financial gains.
The Patent Act of 1970 set the course for protecting the process of the invention. However, it was not until 1995 that India signed off TRIPS (Trade-Related Aspects of Intellectual Property Rights). Then, the patent included both the process as well as the product. Let’s see at the types of the Chemical Patent, the Application Process and the Validity of the Chemical Patents.
Chemical Patent Types
Before filing for a chemical patent, you must know what the types of patents are and which one you need for your invention. It will help you to take the right step for your chemical invention.
When your invention is in the development stage, the provisional patent becomes necessary. To be precise, it is for the experimentation stage and is very easy to file. The process is relatively hassle-free and protects and secures the process. Further, you need to apply for an ordinary patent by the ned of the month for the complete product.
Ordinary patent applications referred to those filed without claiming any priority date and made without reference to any other application under process. Because an ordinary patent application lacks a priority date, the date of filing is also the date of invention. Ordinary applications must include a complete specification and claims.
PCT National Patent
Within 31 months of the priority date, a PCT application enters the national phase. The national phase of a PCT patent application resembles a national filing in a respective country. However, most formal requirements are resolved in the international phase itself. The filing of PCT applications is much simpler than normal national applications since most formalities are handled in the international phase itself.
PCT International Patent
The Patent Cooperation Treaty (PCT) helps inventors obtain patents internationally, assists patent offices with their granting decisions, and facilitates public access to technical information. By filing one international application under the PCT, an inventor can simultaneously seek protection in a large number of countries.
The Application Process for Chemical Patent
When you are patenting your chemical compound, you need to submit a proper application for the Chemical Patent. There are two parts to getting a patent. First is the process of registration, and then it is filing the application.
Patent Registration in India – Entire Process
- Your idea, concept, or invention is the first thing that needs an introduction. Giving details and information in writing is the initial step.
- According to the Patent Registration Requirements, you need to elaborate on every detail. This includes significance, description, working, pros and cons of your invention.
- Filing needs diagrams, drawings, blueprints, and sketches for support.
- The Patent in India has certain eligibility criteria for the patentability of your chemical compound. Make sure to meet all the requirements beforehand.
- Always take a strong second opinion from the expert before filing the patent.
- Your Patent Application needs either a provisional or ordinary patent. Thus, decide whether you want to patent your compound before you complete the invention or do you need the ordinary patent.
- Next, it is time to understand the Chemical Patent Application in detail.
Application for Chemical Patent
- According to your decision on the ordinary or provisional patent, you need to file the Patent Application (Form 1) at the Patent Office near you.
- After certain examinations for the Patent Office, it will be published after 18 months from the date of filing the patent application.
- Request for application examination needs to be filed within 48 months.
- After the patent examiner examines the application, they will issue a report with either clearance or objection.
- In case of objection, you need to amend, rectify or resolve the application within six months, which can be extended to 3 months.
- Certain objections can come out from the opposition that the controller will put up for hearing.
- After complete clearance of the issues, the controller will pass an order on the application.
- If all the issues are resolved with no opposition grounds whatsoever, the controller passes the order of acceptance to grant the patent to your chemical compound.
These are the various steps, processes and procedures involved in the patenting of a chemical compound. However, most of the points above are generally used for most patents; it is important to note that the basic idea of Patents remains the same.
Validity of a Chemical Patent
After the process of application is complete and you are successful with getting a patent, you will find that the chemical patent is valid for 20 years from the date of filing the patent application. However, there is a difference between the ordinary patent and PCT international patent. The PCT International Patent is valid for 20 years from the date of the international filing.
Well, that indeed gives you a good amount of years before you can renew the patent. With patent renewal fees, the patent can be renewed further. But, it would be best if you remembered that the renewal must be done before the completion of the 20 years of pattern validity. If your patent expires, then you cannot renew it further.
Also, remember to check for national or international validity before you get one for your invention.
That brings us to the very end. The Chemical Compound Patent is indeed one of the most important parts of your invention in the pharma sector. But it is important to understand the ups and lows of the patenting process. With more information on the types of the chemical patent, the process of filing and the validity of the patent, you can be more careful with your product and process.
All you need to do is check the eligibility, understand which type of patent you need and keep the renewal timings pinned out for yourself. It will help you get through the process and not lose the expiration date of the patent.
Moreover, if you encounter any problems from the patent office, remember the last dates and extensions of the timing to resolve the issue. We know you have worked hard for the invention, so you can take our help with the application and filing and become worry-free with the process. We at Vakilsearch have dedicated professionals to provide you with smooth and easy assistance in carrying out the process. With affordability right in front of you, you can leverage our services to fill out the application before it is too late quickly.