Whether you are an inventor, business owner, or any small or big entity, protecting your intellectual property such as Patens, Trademarks, Copyrights and designs, stands as a crucial step in order to grow economically in the market while getting an edge amongst the competitors.
In this article we will specifically talk about the Patent registration in India the Indian Patent Office operated under the Ministry of Commerce & Industry looks after the patent examination and registrations. This article aims to explain overview of patent registration in India including details about the process, fees, online registration, and the role of the Patent Office.
What is patent?
A patent is an exclusive right granted for an invention, which may be a product or a process that provides in general, a new way of doing something or offers a new technical solution to problem. A patent when granted is protected for 20 years from the date of filing as per the Indian Patent Act, 1970 and this right prevent others from unauthorized use, manufacturing, selling or distributing of patented invention.
Process for Registering Patent in India
Patent Search: A patent search is also known as the Prior Art Search; this search is conducted to check if the invention or creation is novel or not. The search is also conducted to determine the patentability of the invention.
Patent Drafting: The drafting of patent application is the most crucial part of the patent filing process, it requires careful mentioning of description, claims and abstract of the invention. It has to drafted with great care and a detailed explanation of the invention, a patent attorney or agent can provide professional assistance for this stage.
Filing of the Patent Application: The patent application can be filed — online or at a patent registration office in India. There are two kinds of patent applications:
- Provisional Application: Secures a priority date and gives the applicant 12 months’ time to file complete specification.
- Complete Application: Must be filed with a detailed description, claims, and drawings.
Publication of the Application: The application is published in Patent Office Journal after 18 months from the filing date. Early publication may be requested by applicants.
Application Examination: An application for examination is required to be filed within 48 months from the priority date. The application is examined by the Patent Office for compliance with Indian patent laws.
Replying to Objections: In case of objections raised by the Patent Office, one has to reply and may involve amending claims or additional information.
Patent Grant: After all the objections are answered and cleared, a patent for an invention is granted and certificate of the patent.
Renewal: Renewal of Patent means to make the patent alive or in force and for that, annual renewal fees have to be paid after a valid period starting from 3rd year onwards
Government Fees For Filing Patent in India
The official fee for the filing patent application in India varies depending upon the kind of applicant, for examples the fees will be less if the applicant is an individual person or small entity, and it will be a little higher for private and bigger companies.
Filing Fees:
- For e-filing: INR 1,600 for individuals, INR 4,000 for small entities, and INR 8,000 for others.
- For physical filing: INR 1,750 for individuals, INR 4,400 for small entities, and INR 8,800 for others.
Request for Examination: INR 4,000 for individuals, INR 10,000 for small entities, and INR 20,000 for others.
Renewal Fees: Varying annually, starting from INR 800 for individuals in the third year.
Patent Registration Online
The Indian Patent Office has an online portal where the patent application can be filed and referred to. The steps for online patent registration are mentioned below:
- Create an Account: Register on the official website of the Indian Patent Office.
- Login and Complete the Application: Fill in the necessary details and upload required documents.
- Pay the Fees: Pay the applicable fees online using available payment methods.
- Submit the Application: Review and submit the application for processing.
Patent Registration Office in India
The Indian Patent Office has four main branches:
- Delhi Patent Office
- Mumbai Patent Office
- Chennai Patent Office
- Kolkata Patent Office
Each office serves specific regions and can be approached for filing and processing patent applications.
In cases of Patent registration in India, the process is defined and structured to protect the rights of Inventors and Innovations. Knowing the process, fees and resources involved can help make potential candidates achieve a more efficient completion. Be it online or through the patent registration office in India, getting a patented is crucial and boosts your inventions commercially.
