Patent Registration Procedure in India

The first step in registering a patent is submitting a patent application. The application is sent to the Patent Office using predetermined forms, together with the required fees and supporting materials. The entire patent registration procedure typically takes 3-5 years.

The Controller of Trademark & Patents oversees and regulates patent registration in India. The "first to file" principle governs the provision of patent protection. It is crucial to avoid disclosing the creative method or end product before applying for patent registration.



Patent Procedure in India Procedure

There are a few procedures that must be taken once the inventor submits a patent application to the Patents Office to get protection. The complete patent registration procedure is broken down into the following seven steps:

1. Search for Patents

A patent search database is used to look for any published patents as well as any patents that have previously been issued. The purpose of the patent search is to look for:

• Patentability

• Infringement

• Validity

2. Application for Provisional Specification

Before submitting a formal patent application, the inventor must first file a provisional specification or provisional patent application.

This is done when the innovation has advanced to the point where applying for a conventional patent is the appropriate course of action to protect the inventor's rights, but the invention's practical usefulness hasn't yet been determined. It is advised to submit a temporary application in such a case.

The invention is fully disclosed in the provisional patent application submitted to the Controller of Trademark and Patent, however, no claims are included in the application.

3. Complete the application's specifications

A complete specification application should be filed to the patent office in a way that makes the invention clear to a person experienced in that particular field of knowledge.

To avoid the patent office raising any concerns, the applicant's whole specification must be a comprehensive effort to describe and define the invention.



4. Patent publication in an official journal

After 18 months from the time of submitting a patent application to the patent office, the office publishes the patent in an official journal. The public is welcome to object to the published patent if they have any. It is important in the whole process of patent registration in India.

5. First Examination Report (FER)

The patent office does not automatically produce examination reports. A request for an examination report may be made by the applicant for a patent or by a third party with an interest in the application. By paying the required fees, examination requests may be sent to the patent office. Within 48 months after the application's priority date, an examination application must be submitted. Any applicant is regarded as abandoned or withdrawn if their application for examination is not submitted within 48 months.

6. Response to Exam Report

The patent office examines the patent application to determine its patentability and any other fundamental flaws. It is important to carefully review the FER that the patent office received to see whether any issues need to be corrected in the entire specifications. The patent application procedure is made easier by completing a significant answer.

7. Patent Issued or Rejected

The patent office will award the patent if all of the concerns highlighted in the examination report are addressed and the examiner is satisfied with the application. In contrast, if the patent examiner is dissatisfied with the submitted reply, they may refuse to award the patent.

Who can submit a patent application?

The patent application can be filed by:

1.      The person who created the concept, or the inventor, may submit the patent application by sections 6 & 134 of the Patents Act. Both inventors must be named in the claims if there are multiple contributors or inventors.

2. Following the demise of the inventor, the legal representative may also submit a patent application.

3. The person is chosen by someone claiming to be an original or real inventor.

Once granted, a patent application is valid for 20 years straight. During this time, the assignee or inventor has monopolistic control over how the innovation is used. This is all about the patent registration process in India.

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