The most important thing an owner of an invention can get with regard to his innovation is intellectual property rights. If you're interested in learning more about patents or in obtaining one for your invention, you’ve stumbled on just the right article.
A patent is a type of intellectual property. It is granted by the state to promote the growth of the economy through innovation. The rights provided to patent invention holders are exclusive and for a limited period of 20 years.
The most common question that anyone interested in learning about patents in India and protecting their invention has is, ‘How do I get a patent in India?’ Moreover, this is also a critical question in every industry where innovations are commercially leveraged. In fact, the term ‘patent’ is one of the most commonly searched keywords in the science and business world.
Advantages of Having a Patent
- The invention can be exclusively owed for a specific period of 20 years
- The patent can be utilized to build a business
- In the future, the patent holder can sell the patent to any other company
- The patent holder can prohibit others from using, selling, and importing his/her invention in the country where patent protection is granted
- Moreover, businesses that hold commercially viable patents can enjoy a competitive advantage in the market.
Steps to File a Patent
Step 1: Become well-versed in the subject matter
Go through the Indian Patent Act as all the inventions are not patentable. This is to be sure that your invention bypasses the list of exceptions.
Step 2: Patentability criteria & other checks
The next step in the process is to check whether the invention meets all criteria stated as per the rules under The Patents Act, 1970. Ensure that your invention:
- Has industrial application
- Is enabling
- Is Non-obviousness
- It Falls under the definition of novel
One must also engage patent experts to conduct extensive research on the patentability of an invention or idea. Only after receiving professional advice from experts should you decide whether or not to pursue your patent application.
This step reduces the burden on the innovator and provides him/her with a detailed picture of the patent’s monetary value in the future. Furthermore, this step saves time and money.
Step 3: Curate your invention in a detailed manner
The most crucial points which must be addressed in the written document would be:
- Field of invention
- Description of the innovation
- Utility of the invention
- Working on the invention
The documents from the research and development phase must also be furnished after they are duly signed along with the date by you and the competent authority.
Step 4: Explain your invention through diagrams
Diagrams will enhance the utility of your invention. Through diagrams, the working of the invention must be explained. This is because visual presentation may enhance the chances of you getting the patent granted in your name.
Step 5: File the patent application
Filing for a patent in case an invention is in the very early stage of research and development. The advantage of filing a provisional application is as follows:
- Low-cost protection for 12 months, which investors can use to find investors
- 12 months duration to furnish complete specification
- Protection of the filing date
However, if you have a detailed explanation for your invention, you can directly request a complete specification instead. Further, all the required documents and research work should be submitted to generate a prototype to back up your invention claims. Complete specifications must be submitted along with the application.
Step 6: Publish the application
Once the application has been submitted, it will be published 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 been registered.
Step 7: Examination stage
Thereafter one has to request the authorities (RFE) to examine the application. Once the request for examination is received, the controller forwards the patent application to a patent examiner who scrutinizes the application through criteria such as:
- Inventive step
- Enabling
- Novelty
- Industrial application
- Patentable subject matter
- Non-obviousness
The examiner thereafter develops a report of the application. Additionally, the first report will be handed over to the controller to brief him on the invention’s patentability and genuineness.
Step 8: Objection clarification
Most patent applications will be flagged for some sort of objection based on the examination report. The best way to resolve this hurdle is to re-check the documents submitted and go through with the examination report with the help of an IP professional such as the experts at Vakilsearch. Thereafter, draft a response to the objections and send them to the respective authorities.
Step 9: Communication with authorities
The applicant is required to communicate with the controller to ensure that all objections in the patent applications are resolved and that he/she has a fair chance to justify his stance. Once the objections are resolved the applicant will be granted the patent as soon as possible.
Step 10: Grant of patent
The application will be considered for the grant as soon as it meets all of the requirements specified by the authorities. Additionally, the patent grant is documented in the patent journal which is published on a regular basis.
How Vakilsearch Can Assist
- An expert attorney will be assigned to you, he will leave no stone unturned in ensuring that your innovation is eligible to be patented
- The application process will be handled by the lawyers
- The patent will then be filed on your behalf with the utmost professional care.
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