What is the Meaning of Patent Filing?
A patent is a legal right conferred by the government that prevents others from making, using, selling, or importing a patented product or process without the owner’s consent.
For an inventor, filing a patent application or obtaining patent registration is the initial step in safeguarding their invention from misuse. In India, patent filing can be a complex process, but with proper legal guidance, it can be simplified. It is recommended that individuals or business entities seeking to secure their intellectual property in the form of a patent should seek expert advice from patent practitioners.
Who should file a patent?
A patent can be filed by any individual or business that wants to protect an invention or an idea. An invention can be a new product or a new process.
ERA Legal Services Patent Package
The Services which are included in our package are as Follows:
✅ Consultation
✅ Prior Art search
✅Application Filing
✅Paying Government Fees
Documents Required for Patent Filing
To register a patent, you will need to prepare and submit the following documents:
- Patent application in Form-1
- Proof of right to file the application of patent, which can be attached at the end of the application or submitted along with it
- If complete specifications are not available, then provisional specifications
- Complete specification in Form-2 within 12 months in the case of provisional specifications
- Statement and undertaking under Section-8 in Form-3 (if applicable)
- Power of authority in Form-26 if the patent application is filed by a patent agent
- Permission from the National Biodiversity Authority before the grant of the patent if the application is for biological material
- The source of geographical origin in the case of biological material used in the innovation
All applications must be signed by the applicant, authorized person, or patent attorney. The last page of the complete/provisional specification must be signed by the applicant/agent and the signature should be included at the right bottom corner of the drawing sheets.
Procedure for Patent Filing
The step-by-step process of how to patent your idea or invention/intellectual property is mentioned below-
Step 1: Patent Search
For a successful patent registration, you need to ensure that your invention/idea is non-obvious and unique. Carrying out a patent search will help you to ensure this and also to avoid lengthy official procedures. You can search for yourself or can take professional help from experts. You can also conduct a patent search with the help of experts.
Step 2: 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 drafting a patent specification is a specialized task that can be done best by experienced professionals only.
Step 3: Preparation of a patentability report
Authorized patent professionals or patent agents will then do extensive research and prepare the patentability report that contains the analyses based on the above-mentioned criteria. You should also attach all the specified documents along with the patent application. Have a thorough check on the documents before submission, to avoid any rejection in the future.
Step 4: Publication of patent application
The application is then published in the Patent Journal within 18 months. A request for early filing of the patent application can be made along with a prescribed fee.
Publication of Filed Patent
For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the Patent Journal.
The publication of filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised.
To get the patent published in advance, the applicant has to initiate a formal request and it will get published within 1 month of the request.
The publication date does matter the most as the inventor is entitled to protect his work legally, immediately after the publication.
Step 5: Patent Examination
There would be a formal submission of a request for the patent examination which must be filed within 48 months from the first filing of the patent (provisional patent or complete patent). If the applicant fails to file within the time frame specified in 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.
Step 6: Patent objections
It is common for patent applicants to receive objections, like “inconsistent or unclear claims”, “invention lacking novelty”, etc. Hence, it is mandatory to analyze the patent examination report and draft a proper response to the objections.
Step 7: Grant of patent
Once all the patentability requirements are met, the notification to grant patent will be published in the Patent Journal.
Advantages of Patent Filing
Patents are granted by the government to encourage innovation and inventions. Once a patent is granted, the applicant becomes the exclusive owner of the idea or invention, providing protection against competitors who might try to copy, sell or import it without permission. Filing a patent in India is essential for businesses, as it helps to safeguard their intellectual property, in line with the existing laws of the land.
A patent can be transferred by the inventor, just like any other form of intellectual property, and can be sold or licensed. Having a patented product can enhance a brand’s reputation, and potentially increase revenue by enabling the business to charge a premium.
With exclusive patent rights, the owner can control the use of the invention for twenty years or longer, providing long-term protection.
FAQ On Patent
What is Patent?
Patent is an exclusive right given for his invention given to the patentee in exchange of his disclosure of invention and how it works. The exclusive rights includes right to exploit the invention commercially and also it act as a barrier for others from intervening in such exploitation, in the case of intervening the patentee have the right to sue and get compensation for his damages.
What are the Essentials of Patentability?
It should be either invention or inventive step.
Such an invention or inventive step should be novel.
Such an invention or inventive step should be non-obvious.
Such invention or inventive step should be capable of industrial application.
Such invention or inventive step should not fall under s. 3 and s. 4 of Indian patent act.
Who can apply for Patent?
Generally, the true and first inventor or his assignee can file for a patent and certain situation his legal representatives also can file for patent.
Can we File Patent for Published Information?
No, patent is granted only for unpublished invention. The invention should be novel and non- obvious. But however our patent law provides grace period about 12months after such publication with certain condition to grant patent.
What can be patentable?
Any invention or inventive step which having novelty and capable of industrial application, such inventions or inventive steps can be patentable. It should not fall on the explicit exclusions for patent under s.3 and s.4 of Indian patent act.
Is Examination/ Inspection Begins Automatically?
No, the examination will begin once it was requested by the patentee. It should be requested within 48 months from the prior date or filing.
What will be Next after Examination?
Once the examination done, the patent officer will issue a report, based upon the report if any requirement need to made, it should be done within the 12 moths. Once done and there is no petition for objection the paten will be granted.
When can we Object a Patent?
A patent can be objected in two ways one is pre grant and another post grant. Pre grant can be done within 6 months from the date of publication in the patent journal. Post grant objection can be done within 12 months from grant of patent.