This is the most common question in the minds of anyone interested in knowing about the patent in India and protecting the invention. This question comes from every imaginable sector and domain. The term ‘patent’ is constantly being searched in the business and research and development community on the Internet for more information and guidance.
Who can apply for a Patent in India?
In India, the Patents Act is the central legislation dealing with the filing and regulating existing and new patents in India. The patent act suggests that the inventor, his assignee or his legal representative may apply for a patent at the Indian patent head office. However, the patent application can also be filed in the branches of the office where the person resides.
In case the applicant is a foreigner, the applicant can file an application for patent, in whose jurisdiction the address for service or patent’s attorney is situated.
Procedure for patent filing in India
- Write down the invention with as many details as possible. If you have worked on the invention during the research and development phase, you must have any call lab record duly signed by you and the respective authority.
- Drawings and diagrams should be designed to explain the working of the invention in a better way with visual illustrations. They play an important role in the patent application.
- Check whether the invention can be patented subject matter.
- Verify that your invention meets all patentability criteria as per the Indian Patent Act. The patentability report and opinion save the inventor’s time, effort and cost by helping you decide whether or not to proceed with the patent filing process.
- Filing a provisional specification is the preferred step, and if you have complete information about your invention, then you can go directly to the complete specification.
- After filing a complete specification with the application for patent, the application is published 18 months after the first filing. Generally, the patent application will be published on a month form request form early publication.
- After receiving an RFE patent application request is examined, the patent examiner who examines the patent application with different patentability criteria. All this is communicated to the applicant.
- Analyze the examination report with the patent professional and creating a response to the objections raised in the examination report and send it.
- This interaction between the controller and the patent applicant will ensure that all objections raised in the patent application are resolved.
- If all the patentability requirements are met, the application will be placed for grants and the patent will be published in the Patent Journal.