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Procedure To Apply For A Patent in India

The 6 step procedure for patent registration in India includes: 1) Conducting patent searches to determine an invention's novelty 2) Drafting the patent application specification and claims 3) Filing the provisional or complete patent application with the Indian Patent Office 4) Publication of the application for public review and objection 5) Examination of the application and responding to any examination reports 6) Final grant of the patent if the examiner is satisfied with the applicant's responses

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248 views3 pages

Procedure To Apply For A Patent in India

The 6 step procedure for patent registration in India includes: 1) Conducting patent searches to determine an invention's novelty 2) Drafting the patent application specification and claims 3) Filing the provisional or complete patent application with the Indian Patent Office 4) Publication of the application for public review and objection 5) Examination of the application and responding to any examination reports 6) Final grant of the patent if the examiner is satisfied with the applicant's responses

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Procedure to apply for a Patent in India

Procedure Patent Registration in India starts with performing patent


searches before patent application filing. After determining the novelty of
the invention, the patent application can be filed with the Indian Patent
Office in any of the branches i.e Delhi, Mumbai, Chennai or Kolkata. The
patent application can be filed as the provisional application or as the
non-provisional application with the Indian Patent Office. It would be
easier to explain the procedure of patent registration in India in
steps. Step by Step Procedure For Patent registration in India

STEP1: Patent Searches


Step by Step Procedure For Patent registration in India Procedure Patent
Registration in India searches are conducted and worldwide to know the
novelty of an invention. Generally, it is considered safe to do patent
searches before patent application filing. If an invention is found in prior
arts or closes to prior arts then the novelty of that invention can be
challenged by the Indian Patent Office. Therefore, it is important to
perform prior art searches in order to save the money and time of an
applicant.
STEP2: Patent Drafting
Step by Step Procedure For Patent registration in India After conducting
thorough searches worldwide, the invention is written in a techno-legal
language known as the specification which can be with or without claims.
Without claims is the provisional specification and with claims is the
complete specification. The specification specifies the field of invention,
detailed description of the invention with working examples and the best
method to perform an invention so that a person skilled in the art can
perform the invention. The legal part comes with the claims of the
invention which define the legal protection sought by an inventor.
STEP3: Patent Application Filing
Step by Step Procedure For Patent registration in India A patent
application filing is the first step towards obtaining a patent. Procedure
Patent Registration in India application filed as a provisional application is
generally filed to claim priority date over other applications. A patent
application consists of series of forms prepared according to the Indian
Patent Act, 1970. The drafted provisional or complete specification is filed
in Form-2 of the Indian Patent Act,1970. If a provisional patent application
is filed then within 12 months of its filing complete specification has to be
filed. There are 6 different kinds of filing filed in the Indian Patent Office.
These are:
1. Ordinary application
2. PCT National phase application
3. PCT International application
4. Convention application
5. Divisional application
6. Patent of addition application
STEP4: Publication of Patent Application
Once the Procedure Patent Registration in India has been filed, then after
the expiry of 18 months from the date of filing or date of priority
whichever is earlier, the application is published in an official journal and
is open to the public. This is a chance given to the public to raise an
objection if any.

STEP5: Examination of Patent Application/Patent


Prosecution
The patent application is examined only when a request for examination
has been filed. The request for examination has to be filed within 48
months of the application filing date or date of the priority. The patent
examiner examines a patent application and issues an examination
report. The examination report contains a series of objections raised by an
examiner. The response to an examination report has to be filed within 12
months of the issuance of the examination report. If needed examiner
calls applicant or his agent for hearing. This phase is called as patent
prosecution.

STEP6: Grant of a Patent


After all objections to the examination report have been compiled and the
examiner is satisfied with the reply of an applicant, the application is put
in order for grant. On the other hand, if the examiner is not satisfied with
the reply and arguments of an applicant, then he/she can reject the
application.

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