The patent registration in India is granted by the rules and regulations of Indian Patents Act 1970. In order to be patented in India the invention must be novel, consist of an inventive step and it shall be capable of Industrial application. Now any person can obtain the patent registration for its exclusive invention simply by following the online patent filing process or procedure in India. Here we will be discussing the procedure of patent registration in India.
Process of Patent Filing in India
1. Making the proposal- The first and foremost step in the procedure of patent registration is to create the plan of your patent. The applicant is required to create an abstract, the diagrams and the drawings for preventing their invention with utmost conviction. All the documents related to your invention shall be arranged in the presentable format.
2. Check the compatibility of you invention- In order to check whether your invention is capable of being registered or not see if it passes the three criteria of patent or not. In order to patented the discovery should be novel, inventive and shall is capable of industrial application.
3. Draft an application for patent registration- once you know that your invention is capable of being registered you can draft the application for patent registration. If you have a completed invention you can file the final application for registration. While there is also an option of provisional application where the protection for incomplete invention can be obtained. However, one important thing to be noted about the provisional applications is that the final application shall be sent within 1 month of sending the provisional application.
4. Waiting period - After the application is filed there is a mandatory wait period of 18 months for the examination. However, waiting for 18 months is not necessary as you can apply an early publication request.
5. Initial Examination- Further, the patent application made will be examined by the examiner to check each and every aspect of the invention carefully. This process is called the patent prosecution where the examiner will check your application for subject matter, novelty, non-obviousness, inventive step, Industrial application and enabling.
6. Patent controller Examination – A final scrutiny will be conducted by the patent controller to check that the invention follows through each and every requirement of the patent. At this stage the application is basically checked for errors.
7. The certificate of registration- If all the stages mentioned above are complete, the patent will be granted. The grant of patent will then be notified in the journal.
Till know you must have understood that patent registration in India is not an easy task. Thus, make sure to check what can be patented in India before going ahead with the patent registration process in India.
If you are clear about the process of Patent Registration you must be aware of the Documents required for patent filing or registration in India and the cost of patent registration in India