INDIAN PATENT FILING PROCEDURE

Introduction

The Indian Law of Patent gives the inventor monopoly of the novelty, utility and non-obviousness of the invention, for a period of 20 years, under the Patents Act, 1970. On expiry of the term, it can be renewed after paying the renewal fee.

Who Can File A Patent Application?

• The patent application can either be filed by an Individual or jointly, who claims to be a first and true inventor or inventors; or
• The legal representatives of the inventor; or
• The assignee, if assigned to him by the inventor.

Where To File The Patent Application?

• Patent Application will only be accepted if filed under proper territorial jurisdiction, of the place where the invention was originated or the place of business of the inventor.
• In case the applicant has no business in India, the applicant has to provide the address of service in India.
• The filing of the application can be done online or offline.

Procedure Of Filing Patent Application

• Filing Provisional Patent Application (PPA) which suggests this is not the final application regarding the filing of a patent. It is filed generally only when the patent is in the developmental stage and the full invention is not ready. The inventor can file for this application if it is a game-changing idea barring other people from stealing the concept. There is no proper format as such at this stage. The PPA is to be filed with the Indian Patent Office. However, the inventor has to promptly file a non-provisional application within 12 months of filing a provisional application.

• Non-provisional application is a legal document generally prepared by experienced Patent Agents/Attorneys keeping in mind the novelty, commercial use and other details of the product. It is to be filed within 12 months of the filing date of a corresponding provisional patent application. It shall include the following elements.

• TITLE: The title should be suitable and concise, within 15 words.
• TECHNICAL FIELD: Specifying the domain and what problems it caters to solve
• BACKGROUND: Information of patents already existing in the same domain and what they lack which the present patent would eventually solve.
• SUMMARY AND OBJECTIVE-Summarising the claims and generally involves paraphrasing the claims
• BRIEF DESCRIPTION OF FIGURES-Brief description of the drawings of the product.
• DETAILED DESCRIPTION OF FIGURES- Detailed description of the drawing and in-depth information about all the components of the drawing.
• CLAIMS-The most important part is specifying the novelty of the products in the form of claims
• ABSTRACT-Brief of primary features
• DRAWING SHEET-It illustrates the drawings described under the detailed description part along with reference numerals.

• Publication-Normally the department will publish the application for a patent within 18 months of application but it can be done sooner if a request is made through FORM 9 paying the required fee then the patent may be published within 1 month of such request. Publication date is very significant because the same date is where the patentor’s privileges and rights start. However, the patentor cannot enforce their rights by way of any infringement proceedings till the date their patent is granted. 

• Pre-grant opposition- After the patent is made available to the public, interested party or parties can file for opposition based on the publication.

• Request for Examination- Unlike publication which is done automatically, examination of the patents is a crucial stage which is required to be specifically requested by the applicant i.e. Request for examination. Examination of the patent is done totally on the merits and claims of the patent. A request for a fast examination i.e. expediating the process of examination, can be made by the applicant/ his Agent via FORM 18A if it fulfils specific conditions.

Conditions: 

• Applicant to be a natural person, start-up, small entity or a Government undertaking.
• In a joint application, amongst the applicants at least one must be a woman. 
• Applicant possessing eligibility under an agreement between the Indian patent office and another patent office.
• The applicant has chosen India as an International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) in a corresponding PCT application 

• The Applicant may make necessary changes based on the report within 12 months from the date of issue of FER (First Examination Report).

• Once the examiner examines the patent and the patent has cleared all the objections then it will be ready to be published in the Gazette.

• Even after granting patent protection, any person may file an opposition under FORM 7 to the controller on any grounds, in writing, within 1 year after the grant of patent protection, with a requisite fee.

NOTE: The aforementioned information is an aggregated view of a Patent Filing Procedure in the Country of India. For more information, kindly contact us.