Registration of Patent in India

Procedure for patent registration in India
Step 1: Write down the invention (idea or concept) with as much details as
possible
Collect all the information about your invention such as:
 Area of invention
 Description of the invention what it does
 How does it work
 Advantages of the invention
Ideally, if you have worked on the invention during research and development phase
you should have something call lab record duly signed with date by you and
respective authority.
Step 2: include drawings, diagrams or sketches explaining working of invention
The drawings and diagrams should be designed so as to explain the working of the
invention in better way with visual illustrations. They play an important role in patent
application.
Step 3: check whether the invention is patentable subject matter
All inventions may not be patentable, as per Indian patent act there are certain
inventions that are not patentable explained in detail in(inventions not patentable)
Step 4a: Patentability search
The next step would be finding out whether your invention meets all patentability
criteria as per Indian patent act? That is,
 Novelty
 Non-obviousness
 Industrial application
 Enabling
The detailed explanation for patentability criteria is given here (what are patentability
criteria’s). The patentability opinion is provided by the patent professionals up on
conducting extensive search and forming patentability report.
Step 4b: Decide whether to go ahead with patent
The patentability report and opinion helps you decide whether to go ahead with the
patent or not, chances are what you thought as novel might already been patented or
know to public in some form of information. Hence this reports saves lots of time,
efforts and cost of the inventor by helping him decide whether to go ahead with the
patent filing process or not.
Step 5: Draft (write) patent application
In case you are at very early stage in the research and development for your invention,
then you can go for provisional application. It gives following benefits:
 Secures filing date
 12 months of time to file complete specification
 Low cost
After filing provisional application, you secure the filing date which is very crucial in
patent world. You get 12 months of time to come up with the complete specification,
up on expiry of 12 months your patent application will be abandoned.
When you complete the required documents and your research work is at level where
you can have prototype and experimental results to prove your inventive step you can
file complete specification with patent application.
Filing the provisional specification is the optional step, if you are at the stage where
you have complete information about your invention then you can directly go for
complete specification.
Step 6: Publication of the application
Up on filing the complete specification along with application for patent, the
application is published after 18 months of first filing.
An early publication request can be made along with prescribed fees if you do not
wish to wait till the expiry of 18 months from the date of filing for publishing your
patent application. Generally the patent application is published within a month form
request form early publication.
Step 7: Request for examination
The patent application is examined only after receiving request for examination that is
RFE. Up on receiving this request the controller gives your patent application to a
patent examiner who examines the patent application with different patentability
criteria like:
 Patentable subject matter
 Novelty
 Non-obviousness
 Inventive step
 Industrial application
 Enabling
The examiner creates a first examination report of the patent application upon
reviewing it for above terms. This is called patent prosecution. Everything happening
to patent application before grant of patent is generally called as patent prosecution.
The first examination report submitted to controller by examiner generally contains
prior arts (existing documents before the date of filing) which are similar to the
claimed invention, and same is reported to patent applicant.
Step 8: respond to objections
Majority of patent applicants will receive some type of objections based on
examination report. The best thing to do it analyse the examination report with patent
professional (patent agent) and creating a response to the objections raised in the
examination report.
This is a chance for an inventor to communicate his novelty over prior arts found in
the examination report. The inventor and patent agent create and send a response to
the examination that tries to prove to controller that his invention is indeed patentable
and satisfies all patentability criteria’s.
Step 9: clearing all objections
This communication between controller and patent applicant is to ensure that all
objections raised in the patent application are resolved. (if not the patent will not be
granted ) and the inventor has his fair chance to prove his point and establish novelty
and inventive step over existing prior arts.
Up on finding the patent application in order of grant, it is grant to the patent applicant
as early as possible.
Step 10: Grant of patent
The application would be placed in order for grant once it is found to be meeting all
patentability requirements. The grant of patent is notified in the patent journal which
is published time to time.
Get Free preliminary guidance about your patent requirement reach patent experts
agent and companies here

Registration of Patent in India

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Procedure for patent registration in India

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