Intellectual PropertyPatents

What is the Procedure to File a Patent?

From initiating an idea to obtaining the patent for your unique invention, know all the steps involved in the latest patent filing process. As an inventor, check out the essential documents required for Indian patent registration.

Introduction

To get your invention patented, you must be familiarised with the legal procedures involved in the latest patent filing procedure. There are recent updates in the patent regime as Patents (Amendment) Rules, 2021.

With these amendments coming into force, the inventors and patentees have various advantages, making the filing process more accessible, quick, and seamless. 

Advantages like an 80% decrease in patent filing fee for educational establishments, expedited route for grant of patents like 1-1.5 years which used to be 3-4 years, faster.

The expedited patent examination for specific categories like start-ups, women applicants, SMEs, central and government institutions, educational institutions, etc., are some of the benefits that make the patent filing process more economical and faster. 

So, there are two ways in which an inventor can file a patent, such as an inventor can file a patent on their own or hire and take the guidance of a patent filing professional.

While the recent updates made the Indian patent filing relatively easier, taking the help of a patent filing specialist having proper knowledge of the due process of patent filing can help you a lot. Hiring a specialist can also help you meet the deadlines in the patent filing process.

Now make your Indian patent e-filing process faster and more seamless with Vakil SearchNow let’s look into the step-by-step guide for the patent filing procedure. 

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Steps Involved In the Patent Filing Procedure 

Step 1 – Securing your Novel Idea and Invention (NDA)

One of the concrete reasons for getting the patent is your novel and unique idea. The patent regime is created to protect inventors’ rights and encourage them to pursue as many inventions as possible.

So, it can be understood that a single fresh ‘idea’ capable of getting your patent holds greater importance than anything.

So, your duty as an inventor is to protect your idea and invention at all costs. Secure your idea with as many details as possible by writing it down and saving it as soft or hard copy. 

Another significant step is to make sure you made them sign the Non-Disclosure Agreement (NDA) before disclosing your idea to any agency or patent filing professional. 

Step 2 – Verify Whether Your Idea Satisfies the Patentability Criteria 

Although this is an optional step, this is going to save your time, cost, and efforts by many folds.

After conducting the novelty and patentability search, you can get an idea about whether your invention is worth getting a patent or not. With this method, you can clearly understand whether you should file a patent in the first place. 

Step 3 – Patent Draft 

Drafting the patent requires knowledge of legal drafting techniques and technical details. You can pick between a provisional patent application and a complete patent application based on your invention stage.

If the invention is at the testing stage, opt for a provisional patent application which gets you 12 months to improve your invention to the final stage. 

The patent draft must include all the important clauses, detailed descriptions, inventive steps, patent specifications, and more to survive till the end of patent registration and further commercialization.

The clauses should be drafted so that no competitor or person can misuse your invention for their benefit. Be meticulous and give special attention to the patent draft. Get your patent draft with Vakil Search now!

Step 4 – Filing the Patent 

Following the patent draft, you can file your patent application at the government office, and they will provide you with the patent application number that comes with many benefits.

The main advantage of filing the patent application is that you can use words like patent-pending/patent applied for your invention, which prevents any other person from misusing your idea.

Application forms must be filed along with your patent application, such as Forms 1, 2, 3, 5, 26, 28, and other relevant applications.  

Step 5 – Publication of the Patent Application

After filing the patent application, the Indian Patent Office secures your application.  Eventually, your patent is published in the ‘official patent journal’ after 18 months approx.

The inventors who desire to get their patent published before the 18-month time frame can submit Form 9 with an early publication request. Within one month of early request, your patent will be published accordingly. However, your patent might not be published in some instances due to partially finished applications, withdrawal requests, etc. 

Step 6 – Examination Request by Inventor 

Unlike the automatic 18-month period followed in the publication of a patent, the examination of the patent is not automatic and requires the applicant’s or inventor’s request for inspection.

The inventor shall file Form 18 (Form 18 (A) for expedited or faster review for certain applicants) and formally request the patent office to examine the patent

Following the formal request, the patent officer examines your patent application in a prescribed way and verifies the following points during the examination:

  • The patent application is reviewed according to the Patent Act and relevant provisions thereof
  • The patentability criteria like novelty, non-obvious and inventive step, industrial application, patentable subject matter, etc., are searched and verified
  • Following the patent scrutinisation, the examiner releases the first examination report (FER) along with grounds for any objections
  • The objections made by the examiner can further extend the application process by 6-9 months
  • The inventor can request the time extension by submitting Form 4.

Step 7 – Responding to Examiner’s Objections 

After filing Form 4, the inventor and the patent attorney shall analyse and comprehend the examination report. The patent agent creates the written response to the objections raised, proving the invention is patentable and novel. The written response shall indicate that your design satisfies all the patentability criteria. 

Step 8 – Patent Grant 

Suppose the examiner is satisfied that your invention meets all the patentability criteria ad finds no objections. In that case, the patent is granted to you and then published in the ‘official patent gazette’. 

Step 9 – Renewal of Patent 

Once the patent is granted, it must be renewed at specific intervals. According to the TRIPS agreement, the maximum period of the patent grant is 20 years in India. So, the patent needs to be renewed for an entire 20-year period.

Important Documents Required For the Patent Registration 

  • Form 1 – Application for Patent Grant 
  • Form 2 – Patent Specification Form 
  • Form 3 – Undertaking and Statement with Regards to Foreign Applications Under Sec.8
  • Form 5 – Invention Declaration to Be Filed with Complete Application 
  • Power of Attorney 
  • Priority Documents 
  • Invention Abstract 
  • Any Other Documents as May Be Prescribed 

Conclusion

The patent filing process can take up to 3-5 years. But with the introduction of updates in the patent regime, it’s more economical, faster, and more accessible.

The prerequisite is appointing your patent attorney to draft your patent and verify your invention. Try Vakil Search and get your design patent in a hassle-free way. 

Read more:-

How Does One File A Patent In India?

Patent Protection in India: What Do You Need to Know?

Five Patent Search Engines and Databases

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