Intellectual PropertyPatents

How To E-Filing For A Patent?

This blog will provide information about the benefits of filing a patent in India, the benefits of filing an e-patent in India, the basics of filing an e-patent in India, and the process of e-filing an patent in India.

Introduction

As early as 2007, the provision of e-filing of patents in India had been introduced by the Indian Patent Office.  The purpose was to make the process of patent filing easier and quicker. With the manual filing of patents, it was essential to submit all hard copies of each required document to the proper authority in charge of the process. It was a tedious, long, winding, and complicated process that took a lot of time. After the facility of e-filing was introduced, the process became much faster and is also highly user-friendly. With the coming into effect of the Patent (Amendment) Rules 2016, it is now compulsory that e-filing be used for filing patents.  Effective 16th May 2016, an additional 10% statutory fee has been imposed by the Indian Patent office when the patent is being filed in the manual form. Let us look at the benefits and process of e-filing of patents in India. 

Benefits of Filing a Patent in India

India provides various advantages when it comes to filing patents in India.   The following list offers some of the key benefits that can be gained.

  • A patent acts as a gesture of recognition and a way to encourage people to continue inventing and innovating. When a patent applicant gets granted the patent that was applied for, the applicant is considered the sole owner of the patented idea, invention, etc
  • It is important in India for businesses to file for a patent because with a patent in hand and thus exclusive ownership of the idea/invention. The business can prevent its competitors from importing its intellectual property, selling it, or copying it without obtaining prior permission from the patent holder. This way, the business holding the patent can protect its patent rights with the help of the existing patent laws in India
  • India allows a patent to be bought, sold, and licensed exactly as though it was just a property type
  • According to the patent law of India, a patent is to be treated exactly as a form of intellectual property, and the holder of the patent can transfer it to any party
  • With a patented product in hand, the brand’s perception improves tremendously, potentially enabling a business to put a premium on itself
  • When a person has exclusive patient rights, the person controls how the patented invention/idea will be used for the coming twenty years or more.

Benefits Of Filing For A Patent In India Via E-Filing

  • Mainly, patent filing provides the flexibility of applying – providing the advantage of filing the patent at any time, from anywhere.  In-person presence at the office required for manual filing of patents is done away with 
  • When a patent application is e-filed, it gets filed into the system immediately. E-filing has brought in the element of speed.  The electronic filing of the patent makes sure that the application is filed as soon as it is completed. The delays accompanying the manual filing of patent applications are now done away with, and the acknowledgement for filing the e-patent is generated
  • With the e-filing of patents, the office staff does not need to look at manual documents and enter data into the computer. So, the scope of errors made while entering information is nil, raising the accuracy of the information in the system as provided while applying
  • With e-filing, the applicant does not have to worry about whether or not the correct format has been followed while filling out the form for the patent application.  Now, the e-filing software helps to ensure that the format is correct and all required information is provided. The software can cross-check the application’s format and ensure that it is in keeping with the acceptable format
  • The Comprehensive Online Patent Filing Services of the Office of the Controller General of Patents, Designs and Trade Marks was inaugurated in 2012. This system ensures that transaction errors are minimal
  • Post the process of registration; the Applicant is provided with a unique user profile.  This can be used to add and update the digital signature
  • For patents in India, e-filing has become mandatory, so it must be adopted by all persons wanting to file a patent application. 

The Primary Method For E-Filing A Patent In India

There are various steps involved in the e-filing of a patent application.  Yet the process is quick and easy, and the possibility of incorrect information being entered into the system is low since the person e-filing the patent has accurate information.  The steps to follow for e-filing are: registering with the portal, logging in using a user ID and password, uploading the patent application duly signed digitally, getting the status check done, and finally, the acknowledgement will generate a grant in e-filing.

Process For E-Filing Patent Application In India

E-filing for patents is done based on Patents Rules, 2003 [Schedule 1].

  1. Access the platform for online filing of patents.   

The URL is https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin. Register by using the New User? Sign Up link. After you complete your registration, a user ID and password will be generated.

  1. There is a facility for dual login that Comprehensive Online Patent Filing Services have provided. It makes it possible for users to log in using either the digital signature or the generated user ID and password. 
  2. On logging in to the portal, the user will find a comprehensive list of steps for the applicant to download the client software for creating and signing the application for filing the patent.
  3. Once the digitally signed patent application is submitted, the user must make the required payment.  The amount is auto-calculated. 
  4. An acknowledgement is generated for the e-filing of the patent. 
  5. It is possible to check the status of the application.

Conclusion

E-filing of patents has been made mandatory in India, and an additional fee is charged on manual filing to discourage the practice. In 2007, the Indian Patent Office introduced the provision of e-filing of patents in India. For those looking to file an e-patent application and want it done accurately, a good bet is to use an expert’s services. Once an e-patent is filed, the rights of the filing party over the idea/innovation that the patent has been filed for could soon become permanent.

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