What is Patent Filing?
A patent is a right granted by the government to an individual or business that prevents others from making, using, selling, or importing the patented product or process without prior approval.
The first step an inventor takes to protect his or her invention from being misused is to file a patent or register a patent. Patent filing in India is a fairly complicated process, but with the right legal guidance, it can be completed quickly. Any business or individual who is interested in securing his patent, which is one of the intellectual properties, should seek legal advice from experienced patent practitioners. Incorpz can assist you in filing a patent in the simplest way possible.
Who should file a patent?
A patent can be applied for by anyone who wants to protect an invention or an idea. An invention can be a new product or a new method of doing something.
What are the benefits of filing a patent in India?
The following are some of the advantages of filing a patent in India:
- A patent is a type of incentive for new ideas and inventions. When a patent is granted to an applicant, he or she becomes the sole owner of the invention or idea.
- A patent is important for a business because it prevents competitors from copying, selling, or importing its intellectual property without permission. In this manner, the patent holder can protect his patent rights while adhering to the existing laws of the land.
- Patents, like other types of property, can be sold and licensed.
- A patent, like any other form of intellectual property, can be transferred by the inventor.
- A patented product is likely to improve brand perception and allow your company to charge a premium.
- With exclusive patient rights, the patent holder has complete control over the use of the invention for a period of twenty years or more.
What is the procedure to obtain a patent in India?
You can get it with the help of Incorpz in three easy steps, as mentioned below.
In order to register a patent in India, you must fill out the necessary forms and submit them to the patent office. If you have a Class 3 digital certificate, you can easily submit it online by clicking on the link.
In the case of online applications, the patent office will charge an additional 10% fee. It is valid for 20 years from the date of patent application.
Patent filing offices in India are located in major cities such as Mumbai, Chennai, Kolkata, and Delhi. You must file your patent with the relevant patent offices in your area.
The following is a step-by-step procedure for patenting your idea or invention/intellectual property:
Step 1: Patent Search
You must ensure that your invention/idea is non-obvious and unique in order to successfully register a patent. A patent search will assist you in ensuring this, as well as avoiding lengthy official procedures. You can conduct your own research or seek professional assistance from experts. Experts can also assist you in conducting a patent search.
If you find a similar patent that has already been registered, you can skip the steps below.
Step 2: Filing a patent application
One of the most important aspects to consider when filing a patent in India is the preparation of patent specifications. The entire process of writing a patent specification is a specialized task that should only be performed by experienced professionals.
Ideation: In this section, you must write down your idea or concept, clearly stating the key details about the invention and the desired patent.
Visualization: Draw diagrams of your idea and elements to explain more about the invention.
Verification and Patentability Search: The following step is to determine whether your invention is patentable under the provisions of the Indian Patent Act. Your inventions/ideas must meet patentability requirements such as:
- Patentable subject matter
Writing a patent application is an art form in and of itself. Seeking the assistance of a patent professional is a wise decision in this case. If you are in the early stages of research and development, you should file an optional preliminary application known as a provisional patent application.
Step 3: Preparation of a patentability report
After that, authorized patent professionals or patent agents will conduct extensive research and prepare the patentability report, which will include analyses based on the aforementioned criteria. Along with the patent application, you should include all of the required documents. Check the documents thoroughly before submitting them to avoid future rejections.
Step 4: Publication of patent application
Within 18 months, the application is published in the Patent Journal. A request for early filing of the patent application, along with a prescribed fee, can be made.
Publication of Filed Patent
The Indian patent office keeps every patent application confidential until it is officially published in the Patent Journal for patent registration in India.
The publication of a filed patent occurs automatically after 18 months from the filing of the applications, and no request is required.
The applicant must initiate a formal request to have the patent published ahead of time, and it will be published within one month of the request.
The publication date is the most important because the inventor has the legal right to protect his work immediately after it is published.
Step 5: Patent Examination
There would be a formal submission of a request for patent examination, which would have to be filed within 48 months of the patent’s first filing (provisional patent or complete patent). If the applicant fails to file within the time frame specified in the Patent Act, the patent office will treat the application as withdrawn. The examiner then conducts a thorough investigation and issues the first examination report, known as patent prosecution.
Step 6: Patent objections
Objections such as “inconsistent or unclear claims,” “invention lacking novelty,” and so on are common for patent applicants. As a result, it is necessary to analyze the patent examination report and compose an appropriate response to the objections.
Step 7: Grant of patent
Once all of the patentability requirements have been met, the patent grant notification will be published in the Patent Journal.
Enquire For Online Patent Filing
How to make money by patenting your invention?
By obtaining a patent in India, you can not only protect your patent rights, but also profit from your patient by licensing or selling it.
A patent holder can license his idea to another person and assign patent rights to the licensee in order for the patented invention to be sold or manufactured. These patent rights are under the control of the patent holder. A license agreement must include a one-time payment as well as a royalty percentage. The royalty is a percentage of the revenue generated by the licensed product over a period of time.
Selling Of Patent:
A patent that has been filed in India can be sold to anyone within the country. That is, if the inventor has patented his invention in India, the patent can be sold in India. Inventors can usually demand a lump-sum payment and reap long-term benefits by selling patents. He will be free of patent maintenance fees, litigation fees, and, most importantly, he will not have to worry about a future economic recession, if one occurs.
Why Should You Opt For A Patent Attorney/Agent?
Patent Attorney meaning:
Although the terms “patent lawyer” and “patent agent” are frequently used interchangeably, there are some distinctions between them in some cases. Patent attorneys are legally qualified to advise on intellectual property, infringement, and to represent others in court. Patent lawyers are also members of the bar council, whereas patent agents typically have degrees in engineering, science, or technology.
Licensed Patent agents in India
It is strongly advised to consult with a licensed patent agent before filing for a patent in India. In India, a licensed patent agent is someone who is registered to practice before the Indian Patent Office. Patent agents will assist in the completion of necessary forms, contacting the patent office, prosecuting patent applications, and following up on any issues that may arise during the patent filing process. To become a patent agent, an individual must be an Indian citizen over the age of 21 and have passed the patent agent examination.
A patent examiner is the person who sends the list of rejections, and if the patent application needs to be modified, the patent agent can intervene and address the issue or argue against the rejection.
Although the patent law does not require the assistance of a patent attorney or a patent lawyer, hiring an agent is highly recommended because:
- Patent documents are complex, necessitating technical expertise as well as legal knowledge in order to draft and file the application.
- Many countries’ legislation requires an applicant who resides in a foreign country or whose principal place of business is in another country to be represented by a patent agent or attorney.
A patent agent is entitled to the following under the Indian Patents Act of 1970:
- Practice in front of the Controller
- Prepare all documents, conduct all business, and perform any other duties that may be imposed in connection with any proceeding before the Controller under this Act.
Why is it a good idea to file a provisional patent application before filing a patent application?
A provisional patent application ensures that your date and work are secure. This means that once you file a provisional patent application, none of your competitors will be able to file for a similar invention.
- Because India uses the first-to-file system, the holder of the provisional patent has a good chance of being granted the permanent patent.
- There is a 12-month buffer period to further develop your invention and specify all of the details. When the application’s 12-month period expires, it is abandoned.
- Provisional patent applications are less expensive and require fewer resources than permanent patent applications.
- Before filing a complete specification, the provisional specification allows you to assess the market potential of your invention.
- Once you have completed your research and development and have detailed specifications for your invention, you can file a full patent application.
How can Incorpz help you in the Patent Filing process?
Incorpz can help you all the way through the patent application process. With us, you can file both provisional and permanent patent applications.
Examination of Details
We will look into all of the details, including potential applications of the invention across industries and the advantages over existing products.
Drafting of Application
We will recommend a reliable lawyer to handle your request and compose the application based on the information you provide.
Filing of Application
The drafted document will be filed with the Registrar, and if accepted, you will be able to use the phrase “Patent Pending” on your product at any time during the next year. You can also check the status of your patent application on our easy-to-use online portal from time to time.
40 Established Vendors
Incorpz has completed over 3000 registrations in only the last year. We’ve teamed up with some of India’s finest business experts to ensure that your registration is delivered on time.
4.8 Customer Score
We take care of all the paperwork so that your interactions with the government proceed as smoothly as possible. We’ll also provide complete transparency into the process so you can set realistic expectations.
20+ Strong Team
If you have any questions about the process, our team of experienced business consultants is just a phone call away. However, we will make every effort to clarify any doubts you may have before they arise.
Working Statements for Non-Working Patents Will Be Reconsidered
According to Indian patent law, every patentee and licensee of a granted patent is required to submit statements regarding commercial use of patented inventions. However, due to the overwhelming number of working patent statements submitted, a reconsideration of the law for Non-working Patents under the Patents Act of 1970 is underway.
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