Patent Application and Registration Process in India

What is a Patent?

A patent is an exclusive property right bestowed on an inventor by a government. In exchange for a detailed description of the innovation, the patent grants the inventor a monopoly on its use for a certain time. They represent a type of intangible property right.

What can be Patented in India?

It is essential to gain an understanding of the types of innovations that can be patented before beginning the process of registering a patent in India.

The work, the process, the manufacturing, the machine connected, the computer software, or any other form of the invention that has never been invented before to the general public can be considered an example of an invention.

Who grants the Patent in India?

Inventions may be registered for a patent in India with the India Patent Office (IPO). Once the Patent is approved, the Inventor will have exclusive rights to their creation for the duration of the patent's term (often 20 years from the Priority date/Patent filing date). The patent grants the applicant the exclusive right to the innovation, protecting them from competitors in the areas of production, distribution, and importation.

The Patents Act of 1970 and the Patents Regulations of 2003 provide the steps that must be taken in order to get patent registration in India. Patent Registration in India is handled by the Indian Patent Office, which has locations in Delhi, Mumbai, Kolkata, and Chennai. In most cases, the location of the Applicant's primary place of business or residence, or the location of the actual point of invention, will determine which of the aforementioned branch offices is the proper venue for filing a patent application. Online processes for submitting an application for Patent Registration are also available.

In India, there are four primary branches for the registration of patents. There are offices for patent registration in Kolkata, Delhi, Chennai, and Mumbai.

Criteria for filing Patent Registration Application

Novelty: There must be no prior publications in India that are similar to the invention before the date the patent application is filed. For patent rights to be granted and registration of the invention to proceed without hiccups, the invention must be novel. The results should stand out from the pack rather than merely be copies.

Non-Obviousness: The skilled person must view the invention as unexpected or surprising, and it must not be evident in nature. The Patent Act of 1970 stipulates that there must be some sort of "inventive step" in order for a patent to be granted.

Industrial Applicability: The invention must have practical applications. There needs to be real-world use for the concept or creation. They need to be understandable and useful in real life. In addition, it needs to be useful in the manufacturing industry.

Steps for Patent Registration in India

First Step - Filing of Patent Application in Patent Registration Office, India

The first step in getting a patent in India is submitting an application to do so. When this occurs, the question of who can submit an Indian Patent Application for Patent Registration naturally arises. The Patent Act specifies that anyone who is the "True & First inventor of the Invention," "Assignee of the person who claims to be the authentic & first inventor," or "legal representative of any deceased individual who quickly as possible before his death was eligible for a Patent application" may file an application for a Patent Registration. Thus, only the specified Applicant may submit an Indian Patent Application for Patent Registration. To register a patent in India, you must submit the required paperwork to the Indian Patent Office and pay the official fees listed in the First Schedule of Patents Regulation.

The Patent Registration process requires the submission of the following paperwork to the Patent Registration office:

Form-1 (Application for grant of a Patent): The document is signed by the Inventor(s), Applicant(s), and an authorized Person, and includes information about the Applicant(s), the Inventor(s), the type of Patent Application being submitted, the title of the invention, and a declaration made by the Applicant.

Form-2 (Provisional/Complete Specification): The abstract, claims, and description of the invention, as well as the kind of Application, are all included.

Form-3 (Statement and Undertaking): An inventor's declaration and promise to keep the Controller informed about any overseas patent applications they submit are included.

Form-5 (Declaration as to Inventorship): In order to register a patent in India, a declaration of inventorship must be submitted to the Patent Registration Office.

Form-26 (form for authorization of a Patent Agent/or any person in a matter or proceeding under the Act): If an inventor in India hires a patent agent or solicitor to file their patent application, the inventor or inventors must submit an authorization form to the Patent Registration Office.

In addition, a Priority document must be filed with the application to the Patent Registration Office along with the other required documents if the Patent Application for Registration in India is based on a prior Patent Application filed oversea under the Convention Patent Application (as under the Paris Convention) or PCT route.

The Indian Patent Registration Office additionally requires a Verified Translation of the prior patent application if it was written in a language other than Hindi or English.

Form-28 (To be submitted by a small entity/start-up): Proof or documentation must be given to qualifying for the small entity/startup category.

Finally, the inventor or authorized representative must sign all forms, documents, and drawings.

Second Step: Publication of Patent Application in the Official Gazette

Eighteen (18) months after the Patent Application is filed, it will be published in the Official Gazette of the IPO for Public Viewing. In India, the Patent Office publishes patent applications without the applicant having to submit any paperwork. But, if the Applicant wants to get ahead of the game, they can submit a request for early publication to the Patent Registration Office. The Patent Application can be made public within a month of the request for early publication being filed.

Third Step: Filing of Request for Examination

To apply for Patent registration, you must use the official form and submit it within the allotted time frame. The authorities will then review the application. After receiving a request to do so, the Controller reviews the Patent Application. The Patent Application is reviewed by the Patent Registration Office of India after they have received the request for examination.

Fourth Step: Issuance of objection(s) in the Examination Report

The Controller will either approve the Patent registration or provide feedback after conducting the examination. There may be objections to the report's methodology or content. Typically, the Applicant is given six months to respond to the Examination report. The next stage is for the Controller to decide whether to award the patent or give the applicant the chance to have a hearing.

Fifth Step: Patent grant

If all of the requirements for a Patent Registration have been met, the Controller will approve the application, publish it in the Official Gazette of the Patent Office India, and send the applicant a Certificate of Patent Registration.

Conclusion

Registering a patent in India is a time-consuming and complicated process that requires careful attention to detail and strict adherence to all deadlines. The steps must be done meticulously and in accordance with the guidelines laid out in the Indian Patent Act and Regulations. So, while filing for a patent in India, it is best to work with a professional patent attorney or agent.