If you are an individual or organization in India that invests heavily in research and development and have come up with an invention, it is important to protect your achievement with a patent registration. If the invention meets specific criteria in terms of utility and originality, you can get your invention secure with a patent. However, you need to have a clear and complete understanding of the entire patent filing and patent registration process.

In India, Patents are governed by the Patents Act, 1970 and Patent Rules, 2003. Any individual or organization can make an application for Indian patent filing and Indian patents that registered stand valid for 20 years and applicable only within the prescribed geographical limits.

Patent Search-Evaluation Of Invention’s Patentability

You need to evaluate the patentability of your invention.

The primary criteria for patentability are as follows:

• Total novelty: The invention should be unique with no public disclosures through any platform or in any part of the world.
• Non-obvious invention: The invention should not be easy to decode and it must have a distinct value-adding feature when compared to an existing invention in the same niche.
• Business or industrial application: The “invented” product or process must have a rich range of industrial uses and result in positive monetary advantages.

Drafting A Patent Application

The next step is to start the process of patent filing and patent registration by initiating with the patent application process. For this, you will need to fill the Form 1 that is the basic application for granting patents. You need to provide all the required information and affix your signature.

Thereafter, you need to complete Form 2. Depending on whether your invention is partially or fully completed, you can apply for provisional or complete patent specification through Form 2. It is important to remember that you only have 12 months with you to finish the invention and provide the detailed specifications if you are applying for provisional specification.

A Patent Draft is also required to be submitted by you along with the application for patent registration. This document is of paramount importance and is used by the Patents Office to determine whether or not to grant the patent.

File The Patent Application In India

In addition to Form 1 and Form 2, it is important for you to make a statement and undertaking in Form 3 under Section 8 of the Patents Act, 1970 where a patient registration application is filed in a country different than India. You are also required to fill in Form 5 for declaration as to inventorship. If you are a startup or small entity, you will also be required to file Form 28.

Publication Of Patent Application

Applications for Indian patent filing with the Indian Patents Office are published in the official patents journal usually 18 months after Indian patent filing. If you want to get your patent published early, you may make a request in Form 9 for early publication.

Request For Examination

All applications for patent registration are carefully evaluated before a patent is finally granted. The application for examination has to be made in Form 18. Once the patent registration application is filed, it is transferred to the Patents Officer who will ensure whether or not the application is in accordance with the guidelines of the Patent Act and Rules. The Officer submits his or her findings in the First Examination Report (FER).

Grant Of Patent

The patent is granted to the application once the patent registration application is in complete accordance with the guidelines of the Patent Act and Rules or after all the objections raised by the officer are resolved.

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