Permanent Patent

Patent in India is a form of encouragement for innovations and inventions, and once a patent applicant files for it he or she becomes the exclusive owner of the invention if the patent is granted.

For patent filing in India, you must submit some forms at the patent office. If you own a digital certificate of Class 3, you can easily submit it online using the link http://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin”. In the case of online applications, the patent office will be charging an additional 10% fee.

Offices for patent filing in India are spread across major cities like Mumbai, Chennai, Kolkata and Delhi. You need to file your patent at the respective offices in your locality. Filing a patent in India is important as it restricts the contenders from copying, selling or importing the inventors’ creation without their permission, and it is valid for a period of 20 years from the date of application of the patent.

Patent is just like any other intellectual property, can be transferred or sold by the inventor.

Advantages Of Owning A Patent

A patented product is likely to improve brand perception and potentially enable your business to charge a premium.

Additionally,

• Patents can increase your business revenues while slowing down rivals for years to come.
• With exclusive rights, the owner of the patent controls the use of the invention for a full twenty years.
• Patents can be sold and licensed like other forms of property

Why Should You Opt For A Patent Attorney/Agent?

Although the patent law does not mandate the assistance of a patent attorney or a patent lawyer, it is highly advisable to hire an agent because:

• Patent documents are complex in nature and requires technical expertise and legal knowledge to draft and file the application.
• Legislation of many countries requires an applicant, who resides in a foreign country or if the principal place of business is in some other country, be represented by a patent agent or attorney.

According to the Indian Patents Act, 1970, a patent agent is entitled to:

• Practice before the Controller
• Prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act

Patents can be secured by following the below-mentioned steps:

The procedure for the grant of the patent begins with the

Step 1: Filing a patent application:

For patent filing in India, one of the most crucial aspects to consider is the preparation of patent specifications. The entire process of patent specification drafting is a skilled task that can only be done by experienced professionals.

Ideation: Here, you need to clearly pen down the idea or concept, clearly mentioning the key details about the invention and the desired patent.

Visualisation: Visualise your idea and elements like diagrams that explain more about the invention.

Verification and Patentability Search:The next step is to verify whether your invention is patentable as defined in the Indian Patent Act. Some inventions may not be patentable, and it is necessary they meet the patentability requirements such as:

• Novelty
• Non-obviousness
• Usefulness
• Patentable subject matter

You can also conduct a patent search on http://ipindiaservices.gov.in/publicsearch with the help of experts.

Drafting a patent application is an art in itself. Seeking the help of a patent professional will be a wise choice here. If you are in the initial stages of the research and development process, then it is best to file an optional preliminary application called provisional patent application.

Step 2: Preparation of patentability report: Authorized patent professionals or patent agents will then do an extensive research and prepare the patentability report, that contains the analyses based on the above-mentioned criteria.

Why Provisional Patent Application Is A Good Idea Before Filing The Patent Application

A provisional patent application secures your date and work. This means that none of your competitors can file for a similar invention once you file for a provisional patent application.

• As India follows the first-to-file system, this ensures that the holder of the provisional patent would also be granted the permanent patent
• There is a buffer time of 12 months to further develop your invention and to specify the complete details. The application gets abandoned upon expiry of 12 months of the application
• The cost and resource involved for provisional patent application are less when compared to the permanent patent
• The provisional specification helps you assess the market potential of your invention before taking the final plunge and filing a complete specification.
• Once you are ready with your R&D and your invention’s detailed specifications, you can go in for a complete patent application.

Step 3: Publication of patent application: The application is then published after 18 months. A request to the early filing of application can be made along with a prescribed fee.

Please Note:

A. Patent Examination: would be a formal submission of a request for the patent examination that must be filed within 48 months from first filing the patent (provisional patent or complete patent). If failed to file within the time frame, per the Patent Act the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.

B. Patent objections: It is common that patent applicants receive objections, like “inconsistent or unclear claims”, “invention lacking novelty”, etc. Hence, it is mandatory to analyse the patent examination report and draft a proper response to the objections.

Grant of patent: Once all the patentability requirements are met, the patent grant notification will be published in the Patent Journal.

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