An invention that simplifies life for everyone can be given to the world thanks to intellectual property, which can also help the creator or his firm prosper financially. A lot of advantages come with intellectual property. It can increase a company’s market worth, transform a concept into a source of revenue, or even facilitate capital raising. Many innovations have been attributed to Indian investors, including self-repairing roads, cane-based prosthetic limbs, solar water purifiers, and self-powering trees. The world has been genuinely altered by these technologies.
It is to your best advantage to have your idea copyrighted if you have developed or invented a method, thing, or service that qualifies as an original creation. By protecting your creation with a patent, you can stop your rivals from making money off of an idea you came up with. You can use this step-by-step manual, which details the full patent procedure in India if you need to file a patent.
What types of innovations need patents?
Any asset or invention must fulfill three requirements in order to be eligible for a patent:
- It must be brand-new and unique. This means that the specific invention must be novel and leave no traces of its prior existence.
- It must be distinctive on its own. A person cannot patent a change they make to the state of the art.
- It must be practical. It must improve the quality of life for the average person and cannot profit from, encourage, or be utilized for any immoral activity.
What innovations cannot be patented?
Even though the purpose of a patent is to protect the inventor’s work, the following are exempt under Indian law (sections 3 and 5 of the Indian Patents Act, 1970):
- Any horticultural or agricultural technique
- Any procedure that falls within the category of medical, surgical, curative, or other care for people, animals, or plants
- Any improvement or discovery relating to atomic energy
- Discovery of a novel device, method, or procedure
Indian patent application procedures
The Patents Act is the primary law in India that governs the application process and new and existing patents. According to this Act, depending on the applicant’s jurisdiction, either the inventor, his assignee or one of his legal representatives (in the event that the inventor has passed away) may apply for one at the Indian Patent Office’s head office or one of its branches.
The applicant must submit the application in their appropriate jurisdiction if they are not an Indian citizen (where the address for service of the applicant is located).
Steps to take when filing a patent
There are two ways for inventors to submit a patent:
- The creator may submit the patent on their own.
- An agency or specialist who handles patent applications can assist the innovator.
The majority of inventors prefer to use the services of patent filing specialists or agencies because the patent application procedure is time-consuming and complex. These people or companies demand a fee because they have years of experience. They can carry out the required steps for filing a patent on your behalf.
If you decide to work with a professional or agency, you must complete all the necessary steps for filing a patent in order to prevent the agency from misrepresenting your innovation as their own. In order to achieve this, you must prepare a non-disclosure agreement and get your agency representative to sign it. Before the inventor presents his or her innovation to the professional or agency, this formality must be finished.
You have two options when applying for a patent: either do it yourself or hire a professional or organization that specializes in the process. It is advised that you choose a professional or agency with years of expertise because you need to meet a number of deadlines. Prior to disclosing your innovation, make sure the professional signs a non-disclosure agreement (NDA). Let’s now examine the process for obtaining a patent.
Step 1: Determine whether your invention is patentable.
You must determine whether your innovation is patentable prior to starting the patent registration process. This implies that you must determine whether someone else has already applied for a patent for a comparable technology to the one you are applying for. You can determine whether you have a probability of obtaining a patent by conducting a thorough search on patentability. Although this stage is optional, it can help you determine whether or not you should initially apply for a patent, which can save you time.
Step 2: Drafting the patent application is step two.
The procedure for applying for a patent can now start. Indian applicants must complete Form 1 for Indian Patent Application. A Form 2 patent specification must be submitted for each patent application you submit. Depending on the stage of invention, you can pick between a provisional and complete patent application. This means that you must submit a provisional patent application if you are still testing your innovation. You have 12 months to finish the idea and submit a complete patent application.
When writing your patent application, you must pay close attention. You should go into great depth with your patent application’s usability and result clauses. The essential terms should also be included, such as your plan to license your idea and a prohibition against competitors utilizing it and benefitting from it. Be cautious, thorough, and mindful to include terms that forbid competitors from exploiting your technology while crafting your patent application.
Step 3: Patent application submission:
A number of application forms must be provided with your patent application. All of the forms listed below must be submitted in accordance with the Indian patent application process. http://www.ipindia.nic.in/form-and-fees.htm contains links to all forms and any related fees.
- Form 1 – Request for Grant of Patent
- Patent specification form, Form 2. (Provisional or complete)
- Form 3: Undertaking and statement with reference to section 8 foreign applications (mandatory only in case a corresponding application for patent is filed in a foreign country)
- Form 5 – Declaration of Invention, which must be submitted with a full application
- Authorization of Patent Agent Form 26 (applicable only if you opt for an agent to help file the patent)
- Only if the applicant is claiming a small entity or start-up status is Form 28 required.
- Priority Documents: If priority is being asserted from a foreign patent claim or application, you just need to provide priority documents.
Step 4: The patent application is published
TheIndian Patent Office safely secures the patent application after you submit all the required paperwork. After roughly 18 months, the patent is then published in an official patent journal. However, creators can file Form 9 if they want their patent application published earlier than this 18-month window. Although this is a routine procedure, an inventor can seek early publication by submitting Form 9 (early publication request), in which case the application will be published in the official patent journal within a month of the request.
Your patent application might not be published in some situations, though. These include incomplete applications, requests for patent withdrawals made by the applicant, and secrecy orders issued under the Patent Act when the invention is detrimental to the interests of the country.
Step 5: checking over the patent application
Your patent must undergo a substantive review before being approved. The merits of your invention as claimed and specified in the patent specification form are carefully considered when evaluating your patent, in accordance with Indian patent application standards. This process is not automatic, unlike the publication process, and the applicant must file Form 18 to request an examination of their patent application. Only once a formal request for examination has been submitted does the patent office put the application in line for review. Additionally, you can speed up this procedure by completing and submitting Form 18. (A).
While reviewing your application, the patent examiner is required to take several specific actions. They are as follows.
- The Patent Act and accompanying regulations are examined when the application reaches the examiner’s desk.
- To make sure the innovation meets the requirements for patentability, the patent examiner looks for comparable technology.
- A first examination report (FER), which includes the grounds for any objections, is submitted after the application has been reviewed.
- The examiner thoroughly outlines his objections. This may add another 6 to 9 months to the application process. Keep in mind that examiner objections to patents are rather typical.
- The inventor may submit Form 4 to request an extension of time if he or she needs to modify their objection.
Step 6: decision regarding a patent.
The patent is granted once the examiner determines there are no objections in the patent application. The official patent gazette then publishes the patent.
Step 7: Renewal of the Patent
Additionally, the patent holder must pay an annual renewal fee to maintain his patent. In India, you can extend the life of your patent for up to 20 years from the day it was first filed.
Although the patent application procedure is drawn out and complicated, one must keep in mind how crucial it is in the long run. The whole process can take three to five years. To be able to process patent applications quickly, the Indian Patent Office is improving its facilities and hiring new examiners. The procedure is designed to make sure that the innovator receives credit for his innovation. Additionally, it makes sure no one else may assert ownership of the invention. Your patent gives you legal protections that can stop competitors from making money off of your idea. Such people may also be sued and compensated for utilizing your idea without your consent.
Advantages of obtaining a patent
- Keeps your invention from being stolen
- The capacity for exclusivity
- Simple to create a product and market it
- Greater market share now that your concept has become a brand
- Increased monetary worth and profit margins
Despite the fact that the entire patent application procedure is drawn out and difficult, it is important to keep this in mind. It is likely that with technological developments, the process will become easier and more straightforward.
A patent ensures that no one else will be able to claim ownership of your idea. If ever there is an infringement, you can seek assistance from legal authorities to avoid the issues that could prove to be a barrier to your development.
In Chennai, registering a patent is a difficult operation that requires meticulous attention to detail and strict adherence to deadlines. Each and every step must be properly carried out in accordance with the instructions given by the Indian Patent Act and Rules. In order to register a patent application in Tambaram, Chennai it is usually advisable to contact an expert https://www.phoenixtax.in/