Patent Filing Procedure In India

The Patent Filing Procedure in India is a crucial step in securing exclusive rights to your invention, ensuring that others cannot make, use, or sell it without permission. A patent is legal protection granted to an inventor for their unique creation or innovation. Understanding the different types of patent applications, the documents needed for filing a patent in India, and the overall procedure is essential to navigate this process smoothly. This guide will walk you through the entire process, covering who can file a patent application and the necessary steps for securing a patent in India.

What Is A Patent?

A patent is a legally binding document that is issued, subject to national regulations, by the state or federal governments. For a predetermined amount of time, it grants the sole right of the creator to produce, use, and market their invention. This system's main goal is to motivate innovators to protect their works of art. Certain works of art, film, and books are not patentable. However, copyright law offers protection for these assets. Patent law is a subset of the broader legal area known as intellectual property, which also encompasses copyright and trademark law.

Intellectual Property Laws

Simply said, a "Patent" is an exclusive right granted by the Patents Act to any innovation, whether it be a procedure or a product. "A new product or process involving an inventive step and capable of industrial application" is the definition of "invention" under the Patents Act. The definition stresses three crucial components, commonly referred to as the patentability criteria, namely:

• The innovation must be original, meaning that it cannot have been made public in any way before the date on which the patent application was filed.
• A creative step must be taken in the product or method that needs to be patented, meaning that the innovation must in some way enhance technology beyond what is already known. Put another way, the invention shouldn't be apparent to someone with the same level of expertise.
• The procedure or product that is going to be patented should be able to be utilized or manufactured in any industry, not just one specific one. This means that the innovation should be capable of industrial application.

An invention cannot be granted protection under the Patents Act of 1970 until these conditions are met.

Protection Of Intellectual Property

Patents can only be obtained by inventors whose works are wholly original. This indicates that no prior introduction of the same or comparable innovation into the public domain has occurred. To put it plainly, any innovation must be completely cutting-edge. Before a patent application is officially submitted, the novelty requirements must be satisfied.

The innovation should also have a novel feature or function that the general public isn't likely to be aware of. In addition to uniqueness, industrial use is a crucial prerequisite. The innovative product needs to be useful in real life and able to be produced by the industry.

Any new item created just for aesthetic reasons is immediately excluded by this. An invention that is banned under Sections 3 and 4 of the Patents Act cannot be patented, even if all other requirements are satisfied.

Novelty: New & Innovative; Publicly Disclosed for the first time.

Inventive Step: Far from public knowledge; state-of-the-art technical advancements

Industrial Applicability: A practical utility and capability of being manufactured in an industrial setup.

Not Prohibited under Sections 3 & 4 of the Patent Act: Must be legally eligible to be patented.

Types Of Patent Application

There are two categories of patent applications based on the conditions of patent protection. First, while the product is still in the development stage, a provisional application must be filed for a one-year temporary protection. This gives the product more time to grow without worrying about losing its exclusive rights. The comprehensive application, which has been filed for full-term patent protection, is the second one. When the provisional patent expires, it can be submitted again or directly in its stead.

In addition, we may categorise patent applications into six groups according to their aim. Let's examine them now:

Ordinary Patent Application: For patent protection within India.

PCT National Phase Patent Application: Allows the applicant to enter the PCT process and get patent protection internationally.

PCT International Patent Application: Final stage of PCT process, international application for patent registration.

Convention Patent Application: Used to claim priority based on an earlier application filed in a convention country.

Divisional Patent Application: Used to divide an existing patent application into multiple separate applications to secure multiple inventions.

Patent of Addition Application: Used to apply for an improvement or modification of an already existing and patented invention.

Patentable vs. Non-Patentable

Three important criteria must be met for an invention to be eligible for patent protection, it must be innovative, distinct, and useful. The idea must be entirely original, not just a technological advancement, and it must provide benefits without encouraging unethical or unlawful behaviour. Natural laws and scientific concepts, such as Newton's law of gravity, are not patentable.

Under Indian law, some inventions are not patentable, such as agricultural techniques, medical treatments for humans, animals, or plants, discoveries about atomic energy, and advancements or discoveries concerning technology or procedures.

Documents Needed For Filling Patent In india

The following forms must be submitted with your application for patent registration:

Form 1: Request for Grant of Patent. The information on this form comprises the name of the invention, the applicant, the inventor, and/or an authorised person, as well as the kind of patent application, declarations, and signatures.

Form 2: Complete or Provisional Patent Specification Form

Form 3: Undertaking and Statement according to Section 8. This is relevant if you have already submitted a related intellectual property application outside of India.

Form 5: Inventorship Declaration should be submitted with the application

Form 26: This is the authorisation form for a patent agent, and it is only necessary if you employ an agent to assist you with the Indian patent registration process.

Form 28: Small businesses and startups must submit this form as proof of evidence.

Priority Documents: Only in cases where you assert priority over a foreign intellectual property claim or application are you required to provide priority papers.

Note - All paperwork, papers, and drawings must be signed by an authorised representative of the inventor.

Patent Filing Procedure In India

You have the option of using registered agents' assistance or submitting your patent application. Following are the steps to follow to apply for a patent in India:

Step 1: Disclosure Of Inventions

Telling the expert about your innovation is the initial step. To do this, a non-disclosure agreement must be signed.

Expert advice: Include every piece of information that is currently available regarding your innovation. Don't withhold anything.

Step 2: Search For Patentability

At this stage, a professional often costs a fee (between INR 10,000 and INR 20,000). At this point, your expert thoroughly searches every database conceivable for earlier evidence. Further, he or she generates a patentability search report based on your innovation.

Step 3: Submitting A Patent Application

This is the point at which the real work starts. You can determine whether to proceed with submitting a patent application after doing a thorough investigation into the invention's past, if any.

Note that to be eligible for patent protection, your innovation must represent a "Inventive step" above previously published works of art. It must be "Technically advanced," "Economically significant," or both in comparison to any other work of art that already exists. Patent drafting is the stage at which you choose to proceed with the filing procedure by composing an application.

Step 4: Drafting A Patent

The process for obtaining a patent in India consists of four steps. You have two options for handling this: either write the application yourself or get the assistance of an expert. Should you decide to seek assistance, you may be required to pay between INR 20,000 and INR 30,000.

Note that this is one of the most important phases in the procedure. It calls a knowledge of both the law and technology. Your entire work will be in vain if it is not properly drafted. Hence it’s a good idea to obtain expert guidance here.

Step 5: Submitting The Application For Patent

This is a phase in the process of submitting an Indian patent application. You are prepared to submit a patent application once you have finished editing your patent draft and are happy with the contents and scope.

You can submit your patent application using the required paperwork and payments in the approved format. Depending on the kind of application, costs of INR 1,600,000 or 8,000 must be paid while submitting the patent application to the patent office. If an early publishing request is not submitted, the patent application will be published after eighteen months.

Step 6: Make an Examination Request

To proceed, you must ask the Indian Patent Office to review your application for a patent within 48 hours. Depending on the type of candidate, requests for examination costs might range from INR 4,000 to INR 20,000.

Step 7: Addressing Any Objections

At this stage, the report and the draft that was sent into the patent office personnel are carefully reviewed. The inventor has the opportunity to highlight his originality or innovative step at this point in comparison to any other artwork discovered during the evaluation. If all the issues have been resolved and clarified, the patent application is nearly ready for submission. 

Step 8: Patent Grant

The application is put for the grant if it satisfies all the conditions. Usually, a published journal notifies the applicant of the application's final award.

Step 9: Expired Patent Renewal

Renewing your patent is one of the final steps in the process of getting one in India. A patent is typically valid for 20 years. The owner must pay a nominal price to renew the patent once 20 years have passed.

Who can file a patent application in India?

In India, a patent application can be filed by the following entities under Section 6 of the Indian Patents Act, 1970:

True and First Inventor(s): The actual person or persons who developed the invention can file a patent application. If there are multiple inventors, they can file jointly.

Assignee of the Inventor(s): If the inventor has legally assigned the right to file a patent to another entity, such as a company or institution, that assignee can file the application. A valid proof of assignment is required to substantiate the claim.

Legal Representative of a Deceased Inventor: In cases where the inventor has passed away, their legal representative (such as an heir or executor of their estate) can file the patent application.

Benefits Of Filling patent application

All Rights Reserved

Obtaining an Indian patent grants you the exclusive right to manufacture, use, and market your innovation for a set 20 years after the date of submission. Your property is protected against exploitation by others thanks to its exclusivity.

Distinctiveness in the Market

A patented process or product sets your company apart from rivals and serves as a selling point. It demonstrates your inventiveness. can entice clients looking for answers.

The Power of Monopoly

Having a patent gives you authority over how your idea is used in the marketplace, which gives you leverage when setting prices and negotiating licensing agreements.

Worldwide Defence

Patents provide cross-border protection in the linked commercial world of today. Collaborative agreements and patent applications are important tools for protecting intellectual property rights internationally.

Income Production

Patents are assets that may be used to generate income. You can make money by selling the patent outright, forming partnerships, or licencing the technology to businesses.

Defence of Law

A patent creates a structure for safeguarding your intellectual property. If there is an infringement, you can choose to stop using the content and get paid.

Innovation Incentive

Giving entrepreneurs and inventors the confidence that their innovations will be protected encourages them to devote time and funds to R&D, fostering an innovative culture inside the organisation.

Transfer of Technology

Due to their ability to allow firms to share or license their ideas with others, patents aid in the transfer of technology. This creates chances for cooperation and mutually beneficial alliances.

Advantage of Strategy

By creating hurdles to entry, the strategic use of patents can aid in the establishment of a market position. They make it more difficult for rivals to copy your procedures or goods.

Improved Evaluation of Businesses

Having an assortment of issued patents raises the worth of your company. It presents potential sources of income and establishes a strong basis for long-term success.

Challenges Of Filling Patent Application

Intricate Patent Writing

It might be difficult to write a written patent application that both meets standards and effectively conveys an innovation. Hiring a patent attorney is essential for a successful result.

Tight Requirements for Eligibility

In India, you have to fulfil stringent requirements to obtain a patent. An invention needs to be distinct, follow creative processes, and show use. It may be difficult for certain inventions to meet these requirements.

Protracted Approval Procedure

The Indian patent approval procedure might take a long time. The length of time it takes to get a patent may be impacted by delays that arise throughout the grant and examination phases.

Expensive Prices

For enterprises or startups going through the application procedure, the high expenses of applying for, and maintaining a patent in India might be a barrier.

Ignorance

Businesses may lose out on opportunities to protect intellectual property if they are unaware of the value of patent protection and the subtleties of the application process.

Difficulties with Enforcement

In India, extensive legal processes and system backlogs might make it difficult to enforce a granted patent.

Limited Recognition Abroad

Although patents in India are protected, getting acknowledgement could require filing applications in other countries. This regulation may make it more difficult for businesses looking to safeguard their ideas.

Quick Shifts in Technology

Technological developments may surpass the patent approval procedure in developing sectors. Because of this, patents may become dated even before they are formally granted or put into effect.

Technical details and documentation

When submitting an application for a patent, complete documentation that complies with all requirements is crucial. Rejection may occur from inadequate paperwork or from failing to fulfil requirements.

Conflicting Statements and Rebuttals

During the processing phase, other parties may object to the patent being granted. It may take a long time or result in the patent being denied to resolve these legally difficult issues.

What is the cost of patent filing in India?

Government fees are paid when submitting additional documents, such as the request for an examination report, together with the patent application. This cost is determined by the length of your application, the method of submitting, and the examiner's fees. Here is a quick look at the revised costs:

• For natural person(s) and/or startup, 1,600 for electronic filing (within 30 pages, 10 claims) and 1,750 for paper filing (within 30 pages, 10 claims).
• For startups and/or small organisations, the fees are 4,400 for physical filing and 4,000 for electronic filing (within 30 pages and 10 claims) for either.
• 8,000 (within 30 pages, 10 claims) for e-filing and 8,800 (within 30 pages, 10 claims) for startups and/or small entities, alone or with a natural person or people.
• Additional Fees: 180 per additional page and 350 per additional claim for physical filing; 160 per additional page and 320 per additional claim for electronic filing.

Should you decide to work with an agency, the fees for the expert would be included as well.

How long does it take to file a patent?

Through an accelerated patent application in India, applicants can ask for a quicker invention examination procedure. This implies that the Indian Patent Office (IPO) will examine and process your patent application more quickly than it would in the regular line. Startups, small businesses, female inventors, and those filing under certain government affiliations or industries can all choose this option. Gaining a competitive edge in the market, you may obtain patent protection considerably sooner if your idea meets the requirements and you follow the right steps. Here is a procedure of how to do it and the timeline of how it happens:

Procedure

The quick process described in Rule 24C for filing a patent application more quickly in India.

• Form and Fee: Requesters must online submit Form 18A along with the required payment.
• Conversion from normal Examination: By paying the appropriate fees and completing the required paperwork, requests for an examination that is currently in the normal procedure can be converted to accelerated requests.
• Publication Requirement: A request for early publication must be submitted with an accelerated examination request, except for applications that have already been published.
• Non-Compliance: Requests that do not follow the guidelines in the regulation shall be handled in accordance with standard examination procedures, including notification to the applicant.

Timeline

• Examination Report: After receiving the application, the examiner has one to two months to provide the initial examination report.
• Controller's Decision: After reviewing the examiner's report, the controller has one month to make a decision.
• Statement of Objections: Within fifteen days following the controller's decision about the report, the applicant gets the first statement of objections.
• Reaction: The applicant's response to the objections is handled in the order that it was received.
• Grant Timeline: Applicants may request a three-month extension during the six months they have to resolve concerns and prepare the grant application.
• Final Decision: Three months from the date of the last response or the grant application deadline, whichever comes first, the controller renders a final decision.

Conclusion

In India, the procedure of filing for a patent is methodical and comprehensive, providing innovators with essential legal safeguards. Through a series of procedures that include searches for patentability, writing, application submissions, and exams, inventors can get 20 years of exclusive rights to their ideas. With proper preparation and adherence to legal regulations, the procedure might be time-consuming and difficult, but it also has many rewards, such as market distinctiveness, prospective income, and long-term corporate value.