In order to attain the patent registration in India an application shall be filed with the patent office. Further, there is a complete step by step procedure for patent registration in India that is required to be followed by the applicant. Before moving forward let us take a quick glance at the concept of patent. Patent is the kind of intellectual property right is regulated by the Indian Patent Act 1970 and is granted to the true inventor for the protection of the invention, or an assignee or a legal representative.
The patent registration in India is granted on the basis of the first to file basis i.e. the person who has first filed the application will get the patent registration. The application for patent registration can be filed any person who is an India citizen or any organization. Further, the foreign national can also file an application for Registration of Patent in India provided he has an address for service in India.
In order to obtain the patent, the application shall be made in the specified form duly completed along with the requisite government fees to the Patent Office, Government of India. With this article, we will take a look at the procedure of patent registration in India.
Online process of patent registration in India
Before starting with the patent registration process the applicant must collect the Documents Required for Patent Filing or Registration in India and make sure to consult a patent attorney for the same. Let us know to take a look at the online procedure for trademark registration in India.
- Conducting the patent search- First to all to start the procedure of patent registration in India the Comprehensive patent search shall be conducted by the applicant. In the patent search, the inventor will be able to determine that his invention is novel and not obvious. Moreover, with a patent search, the inventor will be able to check the already registered patents.
After conducting the search the application for patent registration shall be made with the controller. Two types of application can be made namely the provisional and the Final. Below we have discussed both of these applications types.
- Making the patent application- After conducting the comprehensive search from the online database present on the online patent an application for patent registration shall be drafted. The patent application is the legal document that contains all the technical information about the invention. It is important to draft the patent application with the utmost care because the specifications present on the patent application plays a major role in its registration.
- Provisional specifications- It is an option given to the inventor for securing the invention when the invention has reached to the presentable state but not the final stage. In this application, a brief description of the invention shall be given. The basic motive of filing the provisional patent application is to secure the priority date for the patent registration. However, one important thing to be noted here is that the final application shall be filed within 12 months of filing the provisional application.
- Final specifications- It is the first legal step in the process of patent registration in India. The complete details about the invention including the name, address, and nationality of the applicant, field of invention, use of an invention, prior art, problem to be solved, objectives of the invention, general statement of invention, a full description of the invention and the abstract, etc.
- Publication of the patent application- When the filed application is in conformity with the rules and regulation of the patent the application will be further processed for being published in the journal. However, the time period of 18 months from the date filing the provisional patent application will be taken to publish the same in the journal. One thing to be noted here is that the request for speeding up the patent registration process can be made by the applicant in form 9.
- Examination of the patent application- Within 48 months of filing the patent application, a request for the patent emanation shall be made. After receiving the request an examination of the patent application filed the same will be done by the patent controller. In this examination, it will be checked whether the invention satisfied the three criteria of novelty, inventiveness, and applicability or not.
- Patent Registration- If the examiner is satisfied with the patent application made it will grant the approval for the same and the certificate of registration will be granted.