Patent filing is the first step an inventor takes to protect his/her invention
from being misused. Patent filing in India is a fairly complicated ordeal, however,
with the right legal guidance it can be done easily.
A patent attorney will do a thorough
search the patent database.
The lawyers will assess inventiveness through
comparisons with similar works
The application will be drafted by the affiliate
and filed with the Patent Office.
A patent attorney will do a thorough search the patent database.
The lawyers will assess inventiveness through comparisons with similar works
The application will be drafted by the affiliate and filed with the Patent Office.
A patent is a right granted to an individual or enterprise by the government that excludes others from making, using, selling or importing the patented product or process without prior approval.
Patent filing is the first step an inventor takes to protect his/her invention from being misused. Patent filing in India is a fairly complicated ordeal, however, with the right legal guidance it can be done easily. Any business entity or an individual who believes in securing their patent, which is one of the intellectual properties should get legal consultation from expert Patent Practitioners. Vakilsearch helps you with the simplest way to file a patent.
Patent can be filed by any individual or business that wants to protect an invention. An invention can be a new product or a new process.
Patent in India is a form of encouragement for innovations and inventions, and once a patent applicant files for it he or she becomes the exclusive owner of the invention if the patent is granted.
For patent filing in India, you must submit some forms at the patent office. If you own a digital certificate of Class 3, you can easily submit it online using the link http://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin". In the case of online applications, the patent office will be charging an additional 10% fee.
Offices for patent filing in India are spread across major cities like Mumbai, Chennai, Kolkata and Delhi. You need to file your patent at the respective offices in your locality. Filing a patent in India is important as it restricts the contenders from copying, selling or importing the inventors’ creation without their permission, and it is valid for a period of 20 years from the date of application of the patent.
Patent is just like any other intellectual property, can be transferred or sold by the inventor.
A patented product is likely to improve brand perception and potentially enable your business to charge a premium.
Although the patent law does not mandate the assistance of a patent attorney or a patent lawyer, it is highly advisable to hire an agent because:
According to the Indian Patents Act, 1970, a patent agent is entitled to:
Patents can be secured by following the below-mentioned steps:
The procedure for the grant of the patent begins with the
Step 1: Filing a patent application:
For patent filing in India, one of the most crucial aspects to consider is the preparation of patent specifications. The entire process of patent specification drafting is a skilled task that can only be done by experienced professionals.
Ideation: Here, you need to clearly pen down the idea or concept, clearly mentioning the key details about the invention and the desired patent.
Visualisation: Visualise your idea and elements like diagrams that explain more about the invention.
Verification and Patentability Search:The next step is to verify whether your invention is patentable as defined in the Indian Patent Act. Some inventions may not be patentable, and it is necessary they meet the patentability requirements such as:
You can also conduct a patent search on http://ipindiaservices.gov.in/publicsearch with the help of experts.
Drafting a patent application is an art in itself. Seeking the help of a patent professional will be a wise choice here. If you are in the initial stages of the research and development process, then it is best to file an optional preliminary application called provisional patent application.
Step 2: Preparation of patentability report: Authorized patent professionals or patent agents will then do an extensive research and prepare the patentability report, that contains the analyses based on the above-mentioned criteria.
A provisional patent application secures your date and work. This means that none of your competitors can file for a similar invention once you file for a provisional patent application.
Step 3: Publication of patent application: The application is then published after 18 months. A request to the early filing of application can be made along with a prescribed fee.
A. Patent Examination: would be a formal submission of a request for the patent examination that must be filed within 48 months from first filing the patent (provisional patent or complete patent). If failed to file within the time frame, per the Patent Act the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.
B. Patent objections: It is common that patent applicants receive objections, like “inconsistent or unclear claims”, “invention lacking novelty”, etc. Hence, it is mandatory to analyse the patent examination report and draft a proper response to the objections.
Grant of patent: Once all the patentability requirements are met, the patent grant notification will be published in the Patent Journal.
A person who has filed a patent in India can monetize his patent by either licensing it or selling it.
A patent owner can license his idea to a person, and assign rights to the licensee to sell or make the patented invention. The patent holder can control these rights. A license agreement must include an upfront payment and a royalty percentage. Royalty is the percentage of the revenue earned from the licensed product over a period of time.
A patent filed in India can be sold to anyone within the country. That is, a patent can be sold in India if the inventor has patented his invention in India. By selling patents, inventors can usually demand a lump-sum payment and is best in the long run. He can be free from maintenance fees for the patent office, litigation fees and most importantly free from worrying about the future economic recession.
For patent filing in India, the Indian patent office keeps every patent application confidential until it gets officially published in the Patent Journal.
The publication of filed patent happens automatically after 18 months from filing the applications, and there is no need of any request to be raised.
To get the patent published in advance, the applicant has to initiate a formal request and it will get published within 1 month of the request.
The publication date does matter the most as the inventor is entitled to protect his work legally post publication.
Before going for a patent filing in India, it is highly recommended to consider a licensed patent agent. A licensed patent agent in India is an individual registered for practicing before the Indian Patent Office. Patent agents will help in filling out the necessary forms, contacting the patent office, prosecuting patent applications, and in following up with any issues that arise during the filing of patent. To become a patent agent, the individual should be a citizen of India above 21 years of age and must have cleared the patent agent examination.
A patent examiner is the person who sends the list of rejections and at times when there arises the need to modify the patent application, patent agent can intervene and address the issue or argue against the rejection.
Often the terms “patent lawyer” or “patent agent” are interchangeable but still there are some differences between both at some instances. Patent lawyers are legally qualified to provide advice on intellectual property, infringement and represent others in a court of law. Patent lawyers are also registered with the bar council whereas a patent agent generally holds a degree in engineering, science, and technology.
Vakilsearch can assist, right from filing the application till the granting of the patent. You can file both provisional patent and permanent patent applications with us.
We will examine all the possible details, including potential uses of the invention across industries and the benefits over existing products.
We will recommend a verified lawyer who will take up your request and draft the application based on the details you provide.
The drafted document will be filed with the Registrar and, on acceptance, you would be able to use 'Patent Pending' on your product any time over the next year.
The most common types of patent applications in India are
Ownership Without Registration
Inventions & ideas
Inventors & designers
Photographs, movies, music, software code
Artists & creative professionals
Yes, but rights are limited
Lifetime of the author, plus 60 years
Words, logos, slogans
Yes, but rights are limited
Indefinite, but to be renewed every 10 years
Inventions & ideas
Inventors & designers
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