Intellectual PropertyPatents

How Does One File A Patent In India?

Patent rights are a great way to protect your invention and ensure monetary gain by controlling the manufacturing of the same. In India, getting a patent is a lengthy yet worthwhile process.

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In India, the Patents Act is the central legislation dealing with the filling and regulation of existing and new patents in India. The Patent Act suggests that either the inventor, his assignee, or their legal representative (in the case where the inventor is deceased) can apply for patents at the Indian Patent Office. However, to file a patent, the application can also be filed in the branches of the office, depending upon the jurisdiction where the person applying for the patent resides or has a domicile or has the principal office.

In case the applicant is not a citizen of India (i.e., a foreign applicant), the applicant should be filing the application for patent in whose jurisdiction the address for service or patent’s attorney is situated.

What Can Be Patented?

In order to file a valid patent application, first, it has to be ascertained whether the product is patentable or not. The essence of checking patentability is to ascertain whether the said product has the NIU factor. The NIU factor includes the following pointers:

  • Novelty: Novelty means that the product which is sought to be registered is novel or new. In the sense that something as such has never been seen or used before.
  • Inventiveness: Inventiveness refers to the application of some creativity that has been applied for the first time for solving a purpose.
  • Utility: Utility refers to the outcome and the use of the product so sought to be invented. It is to know the use of bringing this product to the market and what function it aims to simplify.

FILE YOUR PATENT WITH SIMPLE PROCESS

Single Inventive Concept: The general rule says that the application for a patent can be made either for one invention or a group of inventions that can be clubbed under the single inventive concept.

Madras University has, in 2020, secured a patent for the discovery of a new compound from sapota leaves. The Mazapotin compound has anti-cancer, anti-angiogenic, antioxidant, and anti-diabetic effects.

Different Types of Patent Registration: Complete & Provisional

A provisional application is a transitory application that is usually filed when the innovation is not completely finished but is still in the stage of experimentation, though there has to be clarity on the idea. After filing the provisional application, the applicant does get a time period of 12 months to complete the application. In these 12 months, the applicant is to conclude the innovation and to assess its marketability potential and the advantages attached.

Once a provisional application is filed and accepted, then the applicant can put the tag of “patent pending” on the product desired to be patented. Also, in order to secure one’s rights over the product so sought to be patented, it is necessary that the provisional application is made precisely. However, the nature of the provisional application is temporary in nature and has to be accompanied by a detailed application within 12 months.

Complete application: An complete application is one that doesn’t require a prior claim of temporary application. Once the product is complete in its form and structure, then this application is filled with all the requirements at once.

Detail and Documents Required for Filing a Patent Application 

Details

1)  Details of the applicants including their name, address, and nationality

2) Details of the inventors including name, address, and nationality of the inventor(s)

3) Complete specification (or provisional specification) if the provisional application needs to be filed

4)  Details relating to the patentable product including description, claims, abstract & drawings if any

5)  Details pertaining to corresponding foreign applications, including application number, date of filing, and current status

Documents

  • Declaration of Inventorship
  • Undertaking and statement by the applicant
  • A proof concluding the right to make an application
  • In case an agent has been authorised to make the application, the letter of authorisation shall also be furnished

Application Procedure in Brief

After having identified and clearly laying down the idea in precise terms, the next step is a patent check. It essentially relates to the fact that one needs to search whether such a product patent exists previously in the country. It can only be possible to patent the product when such a product doesn’t already exist and thus a patent search is important.

The next step is to gather and organise the required documents for a valid application (as mentioned above) and then file an application for Request for Examination [RFE]. In furtherance of the RFE, create an examination report and then after a due check of the examination report, the patent is granted.

How to File for Patent Easily

It is recommended that you seek professional help to file a patent application as the procedure is long and complicated. At Vakilsearch we can help you apply for a patent by taking care of the majority of tasks like doing a patent search, drafting required documents, and filing the application. Get in touch with our experts today to get your invention patented.

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