HOW TO FILE A PATENT IN INDIA
A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention.
Patent is a part of Intellectual property rights and guided by Indian Patent Act, 1970 (till 2014 amendment). Procedure for filing a patent in India is below mentioned:
Direct Patent Filing in Patent Offices:
An applicant or an inventor for a patent is eligible to file a patent directly in patent office through one of the steps:
- Physical visitation in Patent office – The application will need to prepare a patent draft as per section 9 in Indian patent act. The applicant will need to download Form 1, 2, 3 and 5 from Indian patent website or through below given link:
Fill up the forms, prepare a docket of the forms and the patent draft. Visit the patent office of your zone/jurisdiction by identifying from here:
Submit the forms, patent draft and a cheque or demand draft of an amount guided by Indian patent office. For example – for patent filing – individual/group of individuals/startups can pay ₹ 1,750; SME can pay ₹ 4,400; a large entity can pay ₹ 8,800. A detailed fee structure can be accessed from below link:
After submission of these docs, the patent official will file the application and give a receipt/acknowledgement of the same which will have the patent application no. for the submitted patent application.
- Through Online Filing (Self):
If an inventor or applicant is holding a class 3 signature, he/she can apply through online portal of http://ipindia.nic.in/.
Follow the instructions for registering yourself as a filer.
Filing Through a Patent Lawyer/Attorney:
For getting best results for their patent application, the applicant must take assistance of an attorney/lawyer having good experience in field of patent. The patent lawyer’s charges are higher than self-filing but it removes most of the hurdles and silly errors followed during filing by an applicant.
The attorney also should guide you to follow below mentioned procedure for you patent filing:
- Patent-ability/Prior Art Search – The patent lawyer should conduct a patent-ability search to assess the overlapping of the invention with filed and published patents. This not only gives an idea whether the invention is patent-able or not but also guides how to structure the patent draft.
- Patent Drafting – The patent lawyer should draft a best enabled patent as guidelines provided under section 9 of the Indian patent act. The draft should always be reviewed and finalized as per satisfaction of the applicant.
- Patent filing - The patent lawyer shall prepare the forms and file the application after receiving an approval from the applicant over the drafts and prepared forms.
NON-PATENTABLE MATTERS IN INDIA
According to Section-3 of Indian patent act-1970. The following inventions are not patentable- (a) obvious to natural laws (b) cause damage to health of any living being (c) living being or non-living being occurring in nature. (d) new form of known substance with no significant improvement in efficiency (e) mixture of two substances resulting in new substance (f) obvious way of re-arranging things (g) agricultural or horticultural methods (i) any treatment for curing a disease of living beings. (j) plants and animals, biological processes (k) software, business methods or algorithms (l) any copyrighted content (m) any method of performing mental act or method of playing game (n) a presentation of information (o) topography of integrated circuits For Full Details Over Non-Patentable Matter Please Go To Link – http://www.ipindia.nic.in/ipr/patent/eVersion_ActRules/sections/ps3.html
STAGES OF PATENT REGISTRATION IN INDIA
1) Provisional Patent Application
Provisional patent is primarily filed for an idea or semi-developed invention/innovation. If a person has an IP in its nascent stage as idea or semi-developed prototype, then he/she can file a provisional application or specification in India. By doing the inventor secures his idea for a year’s period.
2) Complete Specification
Also known as non-provisional application or specification in India. This is filed when an invention is completely developed and inventor has all the specific technical data pertaining to the invention. The complete specification is either filed directly (if the inventor already possess all the technical details) or within one year of filing the provisional application. The complete specification is filed with claims and sometimes with experimental details.
3) Patent Publication
After filing the complete specification, the patent gets published in patent journal of India after 18 months from the filing or priority date. The priority date is first filing date for an application, it can be a provisional application date or directly a complete specification date. For more details please visit –http://ipindia.nic.in/ipr/patent/patents.htm
4) Patent Examination
After patent publication, an inventor can request for examination. After which an examiner is appointed to analyze the patent and its viability of getting grant. For more details please visit –http://ipindia.nic.in/ipr/patent/patents.htm
5) Payment of Annuities
After getting grant, an inventor has to file a patent annuities every four years to keep their patent sustained in the patent office.