What is the Procedure to File a Patent?

What is the Procedure to File a Patent?

Introduction

A month ago, Gursaurabh Singh, the founder of Dhruv Vidyut Electric Conversion Kit (DVECK), came up with a revolutionary technology that can convert any normal bicycle into a battery-powered and motorised vehicle.
 

Not only that, but the bicycle becomes capable to move at a top speed of 25 kmph. Now, this technology is defined as innovation and is eligible to be patented. It is not only innovative but it also supports the sustainability of vehicles, which gives a boost to the automobile industry as a whole. Intellectual property is rather the magical medium through which, the inventors of such technologies or any other innovative tool can turn their inventions into a profit-making assets. But, the process of patenting is not that easy.

A company’s innovative strength can be measured through the patenting process. Not only the number of patents that the company got but also the quality of patents the company holds determine the corporation’s demands in the market. The main motto of having patented an inventor's product is to prevent other competitors in the market to profit from the inventor's creation. 

This article will talk about the step-by-step procedure for filing a patent, what are the precautions and things that have to be kept in mind by young innovators. 

 

Step-by-step procedure to file a patent

Here are the few steps necessary to follow to file a patent:-

 

  1. Conceiving the invention: It is very much important to work on the innovation that will be patented. This is the very first and important step to follow for an investor who wants to go ahead with his or her invention. It is necessary to collect as much information as possible. 

  2. Patent search: Verify, whether the invention is eligible for patenting: one needs to check if there is another individual who has filed a patent for a similar idea and innovative creation for which one is filing. This process will help in an in-depth patentability search to help the person understand whether or not he/she has a chance of getting a patent. Though this step is optional, it can save time and will help you understand whether or not you should file for a patent in the first place.

  3. Draft the patent application: Indian applicants need to fill in Indian Patent Application Form 1. For every patent one files, one needs to mandatorily provide a Form 2 patent specification. One can choose between a complete patent application or a provisional one. 

  4. File the patent application: The patent application needs to be submitted with several application forms. The e- filing of a patent application is also available. If the invention is still being tested, one needs to apply for a provisional patent application. The inventor gets 12 months to complete the invention and file for a complete patent. 

  5. Publication of the patent application: After submitting all the documents, the patent application will be safely secured by the Indian Patent Office. Then the patent is published in an official patent journal after 18 months approximately.

  6. Examination of the patent application: Before the patent is granted, it is essential to be examined considerably. As per the rules of the patent application process in India, the patent should be thoroughly examined based on the merits of the inventor's invention as professed and recounted in the patent specification form.

  7. Respond to all the objections: The application would be placed for a purpose to be granted once it is found to be meeting all patentability requirements and as it is now eligible to be patented, so finally, the patent will be granted to the applicant.

  8. The decision to grant a patent: The examiner finds no objections in the patent application, and then the examiner grants the patent. Then the patent is published in the official patent gazette.

 

Things that should be kept in mind while filing for a patent

It is important to keep a few things in mind while filling out a patent and this is especially for the young innovators in the market. 

  1. It is safe to file a patent following the instructions of an attorney or some in the profession. 

  2. Understand every detail of patenting and filing process properly before filing for a patent 

  3. Plan and fix the duration of the patented work

  4. Avoid considering misconceptions regarding the processes or patenting, always verify facts

 

Conclusion

The article concluded, that a patent is something that can help the inventors of such technologies or any other innovative tool to turn their invetions into a profit-making asset.

A company’s innovative strength can be measured through the patenting process. The main goal of filing a patent is to prevent other competitors in the market to profit from the inventor's creation.

 

References:-

  1. https://www.news18.com/news/buzz/this-device-can-turn-cycle-into-electric-bike-and-anand-mahindra-loves-it-4770323.html

  2. https://economictimes.indiatimes.com/news/how-to/how-to-go-about-patent-filing-in-india-all-you-need-to-know/articleshow/86417211.cms

  3. https://www.invntree.com/tag/how-much-does-it-cost-to-get-a-patent-in-india

  4. https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin

  5. https://iptse.com/how-to-file-patents-understanding-the-patent-process-in-india/

  6. https://www.news18.com/news/buzz/this-device-can-turn-cycle-into-electric-bike-and-anand-mahindra-loves-it-4770323.html

Written by:

Sohankita Mukherjee