Nowadays, Getting a Patent in India is a user-friendly process. Just visit the Controller General of Patents, Designs and Trademark website and follow their rules and regulations. But there are some
Things you should keep in mind before getting a Patent in India:
Patent Process Workflow:
a. Is your invention is Patent Subject Matter (If yes then go to Step b)
For this Please Read Chapter 2 of The Indian Patent Act, 1970.
b. Have you invention already been Patented (If No then go to Step c)
To check whether your invention is already Patented or not, You must do Patent Prior Search. Patent Prior Search is an important step before filing a patent in India.
c. Patent Drafting.
Patent Drafting is an important step before filing a patent in India. In India, There are two types of Patent Specifications.
i. Provisional Patent Specifications.
Provisional Patent Specification is a low-cost mechanism to secure the filing dates. You have been given 12 months of time by Indian Patent Office to file the complete patent specification.
ii. Complete Specifications.
Provisional Patent Specification is an optional step. If you have complete information about your invention then you can directly file complete specifications. A complete specifications shall be filed within 12 months from the date of filing of Provisional Application, and if the complete specification is not filed then you patent application shall be deemed to abandoned.
Content of Specifications
(1) Every specification, whether provisional of complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates.
(2) Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly.
(3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification.
(4) Every complete specification shall--
(a) fully and particularly describe the invention and its operation or use and the method by which it is to be performed;
(b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and
(c) end with a claim or claims defining the scope of the invention for which protection is claimed;
(d) be accompanied by an abstract to provide technical information on the invention:
d. Publication of the Application.
The application is published after 18 months of first filing date. If you request for early publication, it can be published within a month of first filing.
e. Request for Examination.
An Examiner will check your invention on the basis of
ii. Non Obviousness
iii. Industrial Application and Enabling etc.
If you have performed Patent Prior Search i.e Step b of Patent Process Workflow there is nothing to worry. A first examination report is generated by Examiner and submitted to Controller. This is also called Patent Prosecution.
f. Respond to Objections.
g. Clearing all Objections.
h. Grant of Patent.
If everything goes fine you will get an award of your hard core struggle and your patent will be valid for 20 years from the earliest filing date of application.
2. Documents required to file Provisional patent applications in India
Your documents must be in order. Without proper documents and specifications, you are throwing a stone in the river without knowing where it will go. Mentioned below are the lists of documents that are required to file a patent online.
A. Form 1 ( Application for grant of patent)
B. Form 2 (Provisional Specifications)
C Abstract of the Invention.
D. Form 5 ( Declaration of Inventorship)
E Form 26 (Power of Attorney). If your patent is filed by a Patent Agent then this form is necessary, otherwise not.
F E-filing fees (Patent Statutory fee) (Electronic Payment)
G. Form 3 (Corresponding foreign patent application statement and undertakings)
H. Priority Document ( This is used for convention applications if priority date is claimed)
I. Illustrations/Drawings of the invention.
All types of forms are available online. Please read the next steps in pdf manual to know how to file a patent online.
3. After Careful analysis of Patent Workflow Process and Document Analysis.
You have understood:
a. The Value of Patent Prior Search.
b. Timing Importance.
c. The Importance of Patent Prosecution.
d. Documents required in Patent Filing.
e. How to get a patent online.
Now comes the important part:
There exist several terms which can reduce your filing costs such as Household incomes, Small Entity/ Large Entity etc. Also, Patent Prosecution is a crucial step in deciding whether you will get patent or not. Also, It is directly proportional to Patent Infringement Cases. You can do it alone but I would definitely suggest you use the services of Registered Patent Attorney in India.
This answer is for information purpose only and does not constitute any legal advice or suggestion. I will not be responsible for any action taken by you after reading this answer.
Technical writing is a necessary step in drafting and filing the patents. Preparing the claims also involves some legal skills that professional writer must learn. I am a Freelance Technical Writer | Patent Law Expert.
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