Here’s a step-by-step explanation of how to get a patent in India:
Step 1: Check Patentability
Make sure to check that your invention has novelty, inventive step, and industrial application before applying.
Step 2: Perform a Patent Search
Conducting a thorough patent search helps ensure that your invention is novel and not published anywhere else.
Step 3: Draft a Patent Application
This phase consists of writing a comprehensive description of your invention, which must include:
- Specifications
- Claims
- Visuals: Drawing or Illustration
Step 4: File the Application
File with the Indian Patent Office (IPO) portal or manually at the relevant office. You can file either:
- Provisional Application: A provisional application is the one that does not have the invention claims, it is filed to get a fair amount of time to work on the final/ complete patent application.
- Complete Application: A complete patent application requires full disclosure of the claims, specification and description of the invention and it is filed within 12 months from the date of Provisional Application.
Step 5: Publication
The IPO publishes your patent application 18 months from the date of filing. However, if you wish to speed things up, you can file a request for early publication, which makes your application public much sooner.
Step 6: Examination
Once the application is published, the next step is to request an examination by filing the prescribed form. This must be done within four years from the filing date. After the request is made, the IPO assigns an examiner who thoroughly reviews your application to check if the invention meets the patentability criteria under Indian law.
Step 7: Address Objections
During examination, the IPO may raise certain objections or seek clarifications through an examination report. You’ll be required to respond to these objections with proper justifications or amendments, if necessary, to move the process forward.
Step 8: Grant of Patent
Once all objections (if any) are resolved to the satisfaction of the examiner, the IPO proceeds to grant the patent. This gives you full legal rights over your invention, including the exclusive authority to use, make, sell, or license it.
While the steps may look overwhelming, with Brainiac’s patent registration services, you can be confident that skilled professionals are handling everything on your behalf.