Intellectual PropertyLegal AdvicePatents

Things to Know Before Filing a Patent Application

Patents are a great incentive for innovation in today’s world, but obtaining one is one of the hardest things to do. In a country that loves its bureaucracy like India, it can be downright intimidating. But it doesn’t have to be… not anymore!

Intellectual Property Rights has become an inevitable tool in today’s economy. Following the Government of India’s Atma Nirbhar Bharat scheme, several companies have looked at innovation, which was already one of the most important sustainable development goals set by the Centre.

Besides the Atma Nirbhar Bharat scheme, other initiatives have already been set up. These include Make in India, Startup India, Digital India and Skill India. The Atal Innovation Mission nurtures innovative energies across the country in schools and universities. Under the Intellectual Property Right policy, the Cell for IPR Promotion and Management, CIPAM has been tasked to facilitate the creation and commercialization of IP assets in collaboration with the Office of the Controller General of Patents, Designs and Trademarks.

The filings for IP rights have considerably increased and the Patent Offices are also getting revamped in terms of capacity building. The Patent Office started functioning as the International Searching and Examining Authority in October 2013.  

How Is A Patent Application Drafted?

In case you want to apply for a patent, then you need to know the following steps

  • Once you do your research and development, you are required to prepare an application. You can do this using Form 1
  • Each application has to be followed by a patent specification. If you do this, then you need to fill out Form 2. Through Form 2, you are required to provide the complete or provisional specification depending on whether it is completed or partially completed. In case you provide a provisional application, you are given a year-long gap to finalise the invention and file the corporate application  
  • You are also required to file a patent draft and submit it with your application. This is a vital document that is used by the patent office to decide whether your invention is granted a patent

FILE YOUR PATENT HERE

How is a Patent Application Published?

  • A patent application that is filed with the Indian patent office is published in the Patents Journal
  • This is done after 18 months or one and a half years of filing the application
  • If you want to get the patent published earlier, you are required to make a special application using Form 9
  • Note: In case there is a restriction placed under the Indian Patent Act regarding the publishing of the patent, it won’t be published in the journal

How is a Patent Application Examined?

  • Every application that has been filed for protection is thoroughly examined before it makes its way into the patent journal
  • The application is first made for examination using Form 18
  • Once the application is filed, it is transferred to the patent officer who then examines it to ensure that it is in accordance with the rules that fall under the Patent Act
  • The officer then does a thorough search where the technology used for the innovation is analysed in-depth. If there are objections, they are communicated 
  • The report issued in this case is called the First Examination Report (FER).
  • Once all the objections are resolved, a patent is granted to the individual or company 

Things to Remember

Here is a list of dos and don’ts to keep in mind while filing a patent application 

  • The fees to be paid with respect to the patent are specified in the  First Schedule
  • You are required to pay an additional 10% in case you physically file a patent application
  • Moreover, you can pay the fee using cash, through electronic means or bank draft. You have to make the payment in the name of the Controller of Patents and draw it on a scheduled bank at the place where the appropriate office is situated. If the draft or banker‘s cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or banker‘s cheque has actually reached the Controller.
  • In case of transfer of application from a natural person to other than a natural person, the difference, if any between the fee shall be paid by the new applicant with the request for transfer.

All this doubtless feels overpoweringly complicated and, I can’t lie, it is for the average person. But it isn’t for Vakilsearch. We enjoy the support of the finest subject matter experts in the field of intellectual property. And we can guarantee that nobody does it better than us. If you need a patent, get in touch with Vakilsearch

 

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