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Patent Filing Process Assignment ShaziaFatima

The document outlines the patent filing process for researchers, emphasizing the importance of protecting innovations through patents. It details preliminary steps, criteria for patentability, and a step-by-step guide for filing a patent in India. The process includes invention disclosure, patentability assessment, drafting applications, and maintaining the patent for 20 years.

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23 views3 pages

Patent Filing Process Assignment ShaziaFatima

The document outlines the patent filing process for researchers, emphasizing the importance of protecting innovations through patents. It details preliminary steps, criteria for patentability, and a step-by-step guide for filing a patent in India. The process includes invention disclosure, patentability assessment, drafting applications, and maintaining the patent for 20 years.

Uploaded by

sfz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Patent Filing Process for a Research

Innovation
Submitted by:
Shazia Fatima
SR University

Introduction
Innovation and research often lead to new inventions, especially in academic and research
institutions. Protecting these intellectual outcomes through patents is essential to ensure
ownership and exclusive rights. This assignment discusses the patent filing process,
particularly in the context of a research scholar like Mr. Rahul, who is part of a renowned
research group and wants to protect a novel device prototype.

What is a Patent?
A patent is an exclusive legal right granted to the inventor or applicant by the government
to make, use, or sell an invention for a specified period (typically 20 years). It prevents
others from using the invention without permission.

Preliminary Steps Before Filing a Patent


Before filing a patent, the inventor should take the following steps:

1. Document the Invention:


- All stages of development, including sketches, experimental results, and design data,
must be thoroughly recorded.

2. Conduct a Prior Art Search:


- Investigate existing patents and publications to ensure the invention is novel.

3. Approach the IPR Cell:


- The institution’s Intellectual Property Rights (IPR) cell provides guidance and legal
support for patent filing.

Criteria for Patentability


For an invention to be patentable, it must meet three basic criteria:
- Novelty: The invention must be new and not disclosed to the public before.
- Inventive Step (Non-obviousness): It should not be obvious to someone with knowledge in
the field.
- Industrial Applicability: It must be capable of being used in an industry.

Steps in Patent Filing Process


Mr. Rahul can follow these steps to file and obtain a patent in India:

1. Invention Disclosure:
Submit a detailed description of the invention to the IPR cell or Technology Transfer Office
(TTO).

2. Patentability Assessment:
Check if the invention satisfies all the requirements for patentability.

3. Drafting the Patent Application:


Prepare either a Provisional Specification or Complete Specification:
- Provisional: Secures the filing date while the invention is under development.
- Complete: Includes claims, detailed description, and drawings.

4. Filing the Patent Application:


File the application with the Indian Patent Office (IPO) using:
- Form-1 (Application form)
- Form-2 (Specification)
- Form-3 (Statement of Undertaking)
- Form-5 (Declaration of Inventorship)

5. Publication:
The application is published after 18 months. Early publication can be requested using
Form-9.

6. Request for Examination:


A Request for Examination (RFE) must be filed within 48 months using Form-18.

7. First Examination Report (FER):


An examiner reviews the application and issues objections, if any.

8. Responding to FER:
Mr. Rahul (or a patent agent) must respond with clarifications or amendments within 6
months.

9. Pre-Grant Opposition:
Third parties can file oppositions before the patent is granted.

10. Patent Grant:


If no further objections exist, the patent is granted and published in the patent journal.
11. Patent Maintenance:
Pay annual renewal fees to keep the patent in force for 20 years.

Flow Chart of Patent Filing Process


Idea/Prototype Developed
↓
Document & Record Invention
↓
Prior Art Search
↓
Invention Disclosure to IPR Cell
↓
Patentability Assessment & Approval
↓
Drafting Patent Application (Provisional/Complete)
↓
Filing Application at IPO
↓
Publication
↓
Request for Examination (Form-18)
↓
First Examination Report (FER)
↓
Response to Objections (if any)
↓
Pre-grant Opposition (if filed)
↓
Patent Grant
↓
Patent Maintenance (Fee every year)

Conclusion
For researchers like Mr. Rahul, understanding and navigating the patent process is crucial
to protect innovative work. With support from institutional IPR cells and proper
documentation, filing a patent becomes a streamlined and secure way to safeguard
intellectual property.

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