To protect new and unique ideas from misuse or copying, innovators and businesses require to file a patent. The patent filing process is completely online but still many of the people confused about the actual process, required documents, time period and legal process requirement of patent registration in India.
Whether you are a startup or business owner or individual, you must know the actual process that helps you to successfully file the patent application and avoid the common mistakes that also waste your hard earned money. In this blog we explained the complete process of patent registration in India to secure your intellectual property rights.
What Is a Patent?
A patent is a legal proof, issued by the government of India to an inventor for a new invention. After registering for patent registration, inventor or original owner get exclusive legal rights of ownership to use or sell or license the invention for a limited period, generally valid for 20 years from the filing date.
A patent can be granted for the following:
- For new product
- For new process
- For technology improvement
- For industrial innovations
Once the patent application is approved by the Indian Patent Office, no other person or company can use the registered invention without the patent owner's permission.
Why Is Patent Registration Important?
Some of the new inventors share their ideas or thoughts publicly before legally protecting the ideas. Due to sharing their ideas before get legal protection can lead to copying or misuse or other legal disputes. The formal process of patent registration in India helps to prevent unauthorized access and also increase the commercial value of an invention.
Benefits of Patent Registration
Get Legal Protection
The Patent owner gets the legal ownership rights for their registered intellectual property.
Increase Business Value
Registered Patents also the value of business as well as attract the investors.
Commercial Opportunities
Inventors can earn by licensing their technology or other commercial uses.
Market Competition
A registered patent also helps businesses to compete with market competitors.
Who Can Apply for a Patent?
A patent can apply by following individual or entities:
- Individuals
- Startups
- Companies
- Research organizations
- Institutions
Process Steps of Patent Registration in India
Here the actual process is mentioned to make it easier to file successful patent applications in India. Below are steps to know the how the system generally works:
Step 1: Patent Search
Before actually starting the patent application, it is important to do a proper patent search. This helps to ensure the similar invention already exists or not in the Patent database.
Patent search can help in following:
- Helps in save time and money
- Helps to avoid before rejection
- Helps to file better application
- Helps to know the existing technologies
Professional Patent consultants also analyze published patents, Indian Patent Databases and technical and legal documents required during the process of Patent Filing.
Why Patent Search Matters
Most of their applications are rejected because of not done proper patent search. Whoever does not perform patent search, their applications may be rejected due to already existing inventions. Proper search helps inventors to understand if their ideas are actually unique and can be filed for patent or not.
Step 2: Required Patent Documents
In this stage, applicants need to prepare technical and legal documents that are required during patent filing.
Following are documents required
Specification Details
Need to explain invention in details
Drawings or Diagrams
Visual representation of the invention, if applicable for your invention
Details of Inventor
Need to provide the name, address and nationality of inventors.
Declaration Forms
Need to fill government required application forms.
A well prepared drafted patent application increases the chances of approval.
Step 3: Patent Filing
Once all the documents are ready, the process of patent filing can start. The application can file a patent application online from an official website https://ipindia.gov.in/ or can easily file through private IPR Consultancy India for error-free filing.
Here are official Government steps mentioned below.
First application need to select the type of application between these two:
- Provisional application
- Complete application
As the name suggests, provisional filing is useful when the invention is still under development but the inventor wants an early filing.
Step 4: Publication of Patent Application
After successful submission, the patent application will be published in the official patent journal after 18 months from the filing date.
If required, applicants can request for early publication for a faster process.
When it published:
- The invention will visible to public
- Legal rights start becoming enforceable
- Third parties can review the application if there is any problem or not
Step 5: Examination Request
Publication does not guarantee patent application approval. The applicant need to request for examination of the patent application separately.
During the process of examination, patent authority will check for originality, any objections raised. If there are any doubts or objections they may request for clarifications.
This is the most crucial step of patent registration in India because most IP applications need to modify or explain before final approval.
Step 6: Need to Respond to Objections, If Required
In some cases, the examiner may issue an examination report that have objections or queries
Some of the common objection are:
- Lack of newness or novelty
- Match with existing technology
- Not proper explain
- Non-patentable subject
Applicants must respond within the deadline to avoid application rejection.
Step 7: Grant For Patent
If all requirements are fulfilled, the Indian Patent Office grants the patent certificate.
After Grant Patent:
- Get Legal Protection
- Get Exclusive Rights
- Other cannot use your invention without permission
Registered patent valid for 20 years, subject to renewal before expiry.
How Long Does a Patent Take to Register?
Patent timeline depends on following things:
- Invention Type
- Delays in Examination
- Any Objection Raised
- Applicant Activeness
Generally, the process can take several months to a few years but startups and eligible applicants can get faster approval through expedited examination options if no objections are raised.
Conclusion
To know how patents work can help innovators or business owners to protect their ideas in a better way. Starting from Patent Search to completing Patent Filing, every step is important to to grant a patent.
For a startups or entrepreneur or researcher, applying for a patent at the right time can help the business in many ways. Patent registration in India is not only important to just get legal protection, it also gives opportunities of future growth.