Updated : October 18, 2024Step by Step Procedure For Patent Registration in India
Overview : A patent is one of the crucial Intellectual property that provides its owner the legal right to protect their innovative idea, product or service by preventing others from making, using, selling, exporting the invention for a certain period of time which is 20 years from the date of filing patent application. One needs to follow a specified procedure for obtaining patents in India. This blog comprehensively explains patent application procedure and its eligibility, types, required documents, benefits and also costs involved, etc.
Patent Registration grants intellectual property rights to the inventor of a new product, technology, or process. These rights give the inventor an exclusive opportunity to sell, manufacture, and import the invented product for 20 years from the application date if it gets approved. Let’s understand how you can get registration of a patent and what are the crucial steps involved in the procedure for obtaining a patent that you need to take.
Patent Registration process or procedure for obtaining patent begins with the crucial step of patent search where you analyse the novelty aspect of your invention. Only if your invention is novel, innovative, and state-of-the-art, you can proceed with the patent filing procedure for obtaining a patent further.
The Patent Act 1970 gives you the flexibility of filing a provisional patent application if your invention is in the development stage and replacing it with the complete application as soon as the product is developed or within 1 year from the filing date. For completely developed products, you can directly file the complete application with a detailed specification.
What is Patent Registration?
Patent Registration is a legal process of securing exclusive rights over a newly invented product. These include the rights to manufacture, sell, and import the product for the next 20 years since the patent application filing date. It helps an inventor capitalize on his intellectual property and reward his innovative ideas, research, and development efforts appropriately. Wondering about its legal framework? Patent Registration is governed under the Indian Patent Act of 1970 and administered by the office of the Controller General of Patents.
Eligibility for Registration Process of Patent in India
Inventors can secure patents only if they are completely novel. This means that a similar or identical invention has never been introduced in the public domain before. Simply put, the new invention should be absolutely state-of-the-art. The novelty criteria need to be met before the patent application is actually filed. Also, the invention should have an innovative function or feature that’s not obviously known to the public.
Besides novelty, another important requirement is Industrial Application. The invented product must have a practical utility and be capable of being manufactured in the industry. This directly excludes any new object that’s solely made for aesthetic purposes. Even if these criteria are met, an invented product cannot be patented if it is prohibited under Sections 3 and 4 of the Patents Act.
Patent Registration Criteria
- 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
Based on the terms of patent protection, there are two types of patent applications. Firstly, we have the Provisional Application to be filed for a temporary protection of 1 year while the product is in the development stage. This allows time to develop the product without the fear of losing exclusive rights over it. Secondly, we have the complete application which is filed for full-term patent protection. It can be filed directly or in the replacement of the provisional patent, once it lapses.
Besides, based on purpose, we can classify patent applications into 6 types. Let’s see what they are:
- 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.
How to Apply for Patent in India?: Patent Filing Process in India
The procedure for obtaining patent involves a series of simple steps. You will first have to select the appropriate application to file. Then, visit the IP India portal and begin the application process. Remember, documents are the most crucial aspect of your application and will decide its success.
Select Patent Application
After being confident that your product meets all the requirements for Patent Registration, you can begin the patent filing procedure in India. The first step is to decide which type of application you want to file to initiate a procedure for obtaining a patent. You have two options to choose from:
- Provisional Application, which provides 1 year of Patent Protection and lapses after that.
- Complete Application, which provides 20 years of full-term Patent Protection
Step 1: Patent Search
Once you’ve decided which application to file, you can move to the next stage of the patent filing procedure in India, which is, conducting the Patent Search. Patent Search is conducted to check whether there are any similar inventions already patented or available in the public domain. This is done to ensure that the product seeking patent registration is absolutely novel and undisclosed to the public. If the search results are clear, you can move to the next step.
Step 2: Patent Application Filing
The procedure for filing patent application involves filing Form-1 and submitting it with Patent Specification in Form-2. You may require additional documents at this stage, which we will discuss later. Remember, if you’ve filed the provisional application, it must be replaced with the complete application within a year.
Step 3: Patent Specification Drafting
The next step in the procedure for filing patent application is drafting a patent specification, a detailed document that contains information of the invented product. It is filed with the application to ensure full disclosure of information to the Registrar of patent. At Setindiabiz, our legal experts help you draft Patent specifications accurately and comprehensively. Seek our assistance anytime you need it!
Step 4: Patent Publication
The following stage is the publication of application in the Patent Journal. It is done 18 months after the date of application and brings the invention into the public domain for the first time.
Step 5: Requesting Patent Examination
Within 48 months of applying, a patent examination is requested. An examiner is assigned to go through the details of the application and raise objections against any discrepancies found. If objections are raised, the applicant must reply within 12 months. If the replies aren’t satisfactory, show cause hearings may be called to settle objections.
Step 6: Grant of Patent
Only after all the objections are settled, the Registrar will consider granting the patent rights to the inventor for 20 years from the application date.
List of Documents Submitted During Procedure for filing Patent Application
- Application Form (Form-1): Application for Patent Registration
- Provisional/Complete Specification: Detailed description of the product, its features, and functional aspects.
- Abstract of the Invention: Brief description of the invention
- Power of Attorney: Authorisation to the person or entity filing the application
- Statement and Undertaking (Form 3): Declaration regarding accuracy of information and the inventor’s rights
- Priority Document (if applicable): Evidence of priority claims
- Proof of Right to File: Required applicant is not the inventor
- Acknowledgment of Fee Payment: Proof that the Requisite Fees for Patent Registration is paid.
- Form 28: Required if the applicant claims a rebate in fees as a recognised MSME or startup
How Does Patent Registration Protect Your Intellectual Property?
Before answering this question, let’s first understand who is the rightful owner of a patented product. Well, the right to own a registered patent is reserved with its true inventor or his assignee. Whosoever files the Patent application among them, will be declared its rightful owner. This person will receive exclusive rights of manufacturing, selling, and importing the product after successful completion of the Procedure for Filing Patent Application. Now, let’s discuss what the procedure for registration of a patent really offers!
Patent Registration, gives legal recognition to the newly invented product, establishing its rightful owner and exclusive scope of use. The patent rights granted by registration deter potential infringers from developing similar products and risking legal actions against them. Also, using the exclusive rights of selling the patented product, the inventor can gain monopolized monetary benefits from it. Further, patents can be sold or licensed to generate additional revenue.
What are the Benefits of Patent Filing Procedure in India?
The procedure of Patent registration provides multiple benefits to the rightful owner of the invented product. These include the legal protection they receive against unauthorized use, the exclusive monopoly in trade, and other financial benefits through licensing or selling of the patent. Let’s have a closer look at how they impact the intellectual property rights of the owner in the long run.
- Legal Protection: Patent process in India grants exclusive rights to the inventor coupled with the right to sue an infringement action in any court of law. This not only deters third parties from misusing the product, but also helps enforce the intellectual property rights of the owner.
- Market Advantage: A patent-registered product has a market advantage over non-patented products. Here’s how! Patented products are deemed more credible for customers as the registration establishes their originality and innovation. Also, the patent owner has exclusive rights to trade and manufacture it. This allows the owner to single-handedly capitalize over it for a long period.
- Financial Opportunities: Once you’ve got the patent of a product, it can be sold or licensed to a third party to generate additional revenue. Selling the patent will relinquish the ownership rights of the inventor. On the contrary, licensing it will retain the same. You can analyze the profitability of both these options and avail the one that best suits you.
- Research and Development Incentives: Procedure for filing patent application or patent registration encourages and rewards innovation by providing inventors with a time-limited monopoly over their products. This incentivizes inventors and businesses to invest in research and development (R&D) activities, knowing that they will have exclusive patent rights and potential financial benefits from their inventions in the long run.
How Much Does Patent Procedure in India Cost?
Let’s compute the overall expense of the patent filing procedure in India into Government fees and Professional fees. Government fees are paid while submitting the patent application and other forms like the request for examination report and so on. This fee depends on how lengthy your application is, what is the mode of filing, and what are the charges of the examiner. Here’s a glance at the updated fees:
- For Natural person(s) and/or Startup: 1,600 (within 30 pages, 10 claims) for e-filing and 1,750 (within 30 pages, 10 claims) for physical filing
- For Small entities, alone or with a natural person(s) and/or Startup: 4,000 (within 30 pages, 10 claims) for e-filing and 4,400 (within 30 pages, 10 claims) for physical filing
- Others, alone or with a natural person(s) and/or Startup and/or small entity: 8,000 (within 30 pages, 10 claims) for e-filing and 8,800 (within 30 pages, 10 claims)
- Additional Fees: 160 per extra page and 320 per extra claim for e-filing; 180 per extra page and 350 per extra claim for physical filing.
Conclusion
According to the Patent Act in India, an individual can apply for a patent only if the invention must be a new product, or process that involves innovation and can be made/used in an industry. The blog has provided you with deeper insight into exclusive patent rights through the patent registration process or patent filing procedure in India. Additionally, it has covered some other crucial aspects involved in Patent Registration in India.
