What is the procedure to apply for Patent

650 votes

I would like to inform you that an invention is patentable if it fulfills the following parameter:

1. Novelty (i.e. the invention should be new and should not be anticipated by any prior published document(s) (prior art)).

2. Inventiveness (i.e. the invention should be non-obvious to a person skilled in the art).

3. Industrial Application (i.e. the invention should be capable of use industrially).

We are presuming that your inventions qualify all three aforesaid parameter. However, if you want we can carry out a search to ascertain these parameters.


For your information, we would like to inform you that the patent registration procedure in India involves number of stages, spanning over 4-5 years. It starts with filing of the application (Compete or provisional) followed by Publication of the Patent application in official journal (open for third party opposition). Thereafter, the patent application is examined by Examiner at Patent office (evaluation of application according to Patent law), which may result in certain objections which are to be met within a certain time frame by way of reply, based on the reply the Examiner may either accept or reject the patent application. On acceptance the patent is granted for 20 years from the date of filing, while the rejection can be challenged before appellate board. We would be able to assist you at all the stages of patent registration starting from filing till grant.

Advocate Abhishek Saini LawRato

988 votes

Procedure for registration of Patent:

Filing a patent application in the Indian Patent Office is the first step towards securing a patent to your invention in India. To file a patent application, a set of forms has to be submitted to the patent office.

Please note that, the most important factor in filing a patent application is preparing a patent specification. Drafting a patent specification is a highly skilled job, which can be only preformed by persons who have both technical as well as patent law expertise. If a person or company is serious about protecting their intellectual property, it is highly recommended to use the services of professional patent practitioners.

Indian patent offices are located at Delhi, Kolkata, Mumbai and Chennai. The patent application has to be filed in the appropriate office based on your/your company’s location. The table below provides the addresses of the patent offices in India and their respective territorial jurisdiction.


Office
Address
Territorial Jurisdiction
Mumbai Intellectual Property Office, Boudhik Sampada Bhawan, Near Antop Hill Post Office, S.M.Road,Antop Hill, MumbaiI – 400 037.
Phone : 24137701, 24141026, 24150381, 24148165, 24171457
FAX : 24130387
EMAIL: [email protected]
The States of Maharashtra, Gujarat, MadhyaPradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli

Chennai Intellectual Property Office, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600032,
Phone: 044-22502081-84
FAX: 044-22502066,
Email: [email protected]
The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep

New Delhi Intellectual Property Office, Intellectual Property Office Building, Plot No. 32, Sector 14, Dwarka, New Delhi-110075,
Phone : 011-28034304, 28034305 28034306
FAX:011- 28034301,02
Email: [email protected]
The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of Chandigarh.

Kolkata Intellectual Property Office, Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata-700091,
Phone : 23671945, 1946, 1987,
FAX-033-2367-1988,
Email:- [email protected]
The rest of India.


Once you have identified the patent office in which you have to file your patent application, it is now time to get an overview of the forms that have to be submitted.

To file a patent application, you will have to submit form 1, form 2, form 3 and form 5. Subsequent to filing these forms with the appropriate fees, you will receive a patent application number from the patent office. You can choose to file form 9 (optional) and form 18 along with filing a complete application or after filing a complete application.

An overview of each of the forms is provided below.

Form 1 – Application for Grant of Patent

As the name suggests, this form is an application for grant of patent in India. In this form, you will have to furnish information, such as, name and address of the inventor(s), name and address of the applicant(s), information corresponding to prior patent applications relating to the current invention, which you or any authorized entity has filed, and some declarations, among other information.
Form 2 – Provisional/Complete Specification

Form 2 is used to furnish your patent specification. The patent specification can be provisional or a complete patent specification depending of the type of patent application (provisional or complete) you are filing.

Form 3 – Statement and Undertaking Under Section 8

Form 3 is used to furnish information/actions relating to patent applications filed in other countries for the current invention. Additionally, any information relating to the rights corresponding to the present patent application has to be furnished. Further, you would be using form 3 to undertake that you will be keeping the patent office informed in writing the details regarding corresponding applications for patents filed outside India.

Form 5 – Declaration as to Inventorship

This application is used to declare the inventors of the subject matter sought to be protected using the current patent application.

Form 9 – Request for Publication

If this form is not filed, then the patent specification will be published by the patent office after 18 months from the priority date (filing of the first patent application for the current subject matter). On the other hand, by filing this form, you can generally have your patent specification published within 1 month from filing this form. Note that the patent rights start from the date of publication of the patent application (enforceable after grant of patent).
Form 18 – Request for Examination of Application for Patent

This form can be filed within 48 months from the priority date. The patent office will not consider your patent application for examination unless this form is filed. Hence, if you wish to expedite the patenting process, filing of form 9 and 18 at an early stage is advised.

Advocate Pranav Dilavari LawRato

825 votes

A Patent is a right conferred upon the inventor by the government to exclude others from using the invention without the inventor's consent.

Procedure to file a Patent application:
• Explain your invention in detail to a Patent attorney. The inventor should get a Non Disclosure Agreement (confidentiality agreement) signed before disclosure of the invention to the attorney.

• The Attorney would then conduct a Search of same or similar inventions in Patent Databases across the globe.

• If the invention is New (Novel), the Attorney would draft a complete specification for your Patent application.
o The complete specification would contain claims and disclosure of your invention in detail.
o You can also file a provisional application (without claims) in case your invention is not complete. The complete specification has to be filed before 12 months of filing the provisional application.

• Once the complete specification/provisional application is drafted, it can be filed at the appropriate Patent office like Indian Patent Office along with required FORMs.

• If the Inventor wishes to file multiple application across the globe example US Patent Office or European Patent Office, the attorney may file a PCT application or a convention application in such jurisdiction.

• The Patent Application once filed in India, gets published within 18 months from the filing date ( as per Indian Patent Laws)

• The Patent Application once published is examined by the Patent Office Examiner. The examiner then issues a Examination report. The Examination report would contain various objection to the application.

• The Patent Attorney would then reply to such objection raised by the Examiner in order to remove the objection.

• Once the objections are cleared and your application is not opposed by any person. The application is allowed and a Patent is granted to the inventor for the invention.

• There is a provision for Post grant opposition in Indian Patent law, but such an opposition can only be filed by a person interested. Post grant opposition is difficult to file as once the patent is granted, the rights of the inventor are taken away after strict scrutiny.

• The Patent is valid for 20 year from the date of filing.

Advocate Ishani Chandra LawRato

510 votes

Friend,
Its a whole process involving many steps.This includes extensive research also.innovation,inventive steps and usefulness too needs to be judged.This needs discussions which are not possible on this platform in this manner.We specialize in such applications.In case you so desire we can do it for you. regards

Advocate Rishi Kulshresth LawRato

565 votes

You have to submit each know fact about your invention, description diagrams and experimental results (if any) to us.Hold nothing back, then Novelty search (patentability search) .Then we shall draft the patent application & file the same.

Advocate Sanjay Dubey LawRato