Introduction
Filing a patent application is an essential step for protecting your innovative concepts and intellectual property. The filing of a patent in India entails multiple phases, each with its own significance. This comprehensive guide will take you through the steps of filing a patent in India and explain the three criteria for patentability: novelty, inventive step, and industrial applicability.
The Three Patentability Tests
Novelty: In order to pass the novelty test, your invention must be new and have not been disclosed publicly prior to the file date of your patent application. It should not be part of the prior art or existing knowledge. A comprehensive patent search assists in establishing the originality of an invention.
Inventive Step: The inventive step test, also known as the non-obviousness test, assesses whether your invention represents a substantial advance or departure from extant knowledge or practices. It should not be a solution that a knowledgeable individual in the relevant field could have readily conceived.
Industrial Applicability: The industrial applicability test ensures that your invention has a practical application and can be manufactured or utilised in any industry or business. It should provide tangible benefits and perform a practical function.
These three tests determine the patentability of your invention and its ability to satisfy the requirements for obtaining a patent in India.
Filing Procedure of Patents
Conception of the Invention
The process of obtaining a patent begins with the conception of an invention. This is the stage where you develop an original and innovative concept that solves a problem or provides a new solution in a specific field. During this phase, it is essential to maintain thorough records and documentation of your invention, including sketches, designs, and written descriptions.
Search and drafting of patents
Prior to registering a patent application, it is necessary to conduct a comprehensive patent search. This search assists in determining whether your invention already exists in the prior art, which includes previously patented inventions, published research papers, and other publicly accessible information. The patent search helps you evaluate the invention’s novelty and patentability.
After completing the patent search and determining the originality of your invention, the next step is to draft the patent application. The application must be precise, concise, and exhaustive in its description of the invention at this stage. The application should include comprehensive descriptions, claims defining the scope of protection, and any drawings or diagrams required.
Patent Application Filing
You are ready to submit the patent application to the Indian Patent Office (IPO) once you have completed the drafting procedure.Provisional and non-provisional utlity patent applications are offered by the USPTO.
A provisional application provides a priority date and allows you one year to submit a complete application. If you need additional time for further development or commercial evaluation of your invention, this is a beneficial option. A complete application, on the other hand, contains an exhaustive description and claims from the very beginning.
You must submit the necessary forms, pay the filing fees, and provide all the required documents, including the patent specification and illustrations, when filing the application. To avoid potential complications, it is essential to ensure that all information is accurate and exhaustive.
Application Publication
After the patent application has been submitted, it is published. The application is nomrally published 18 months after the filing date or the priority date, whichever is oldest. The publication makes the details of your invention accessible to the public and serves as prior art for subsequent patent applications.
Application for Examination
After your patent application has been published, you must file a Request for Examination (RFE) with the IPO. The RFE must be submitted within 48 months of the filing date or six months of the publication date, whichever comes first. The RFE initiates the patent application examination procedure.
Response to Objections
During the examination phase, the IPO examines your patent application in great detail to determine its patentability. The examination involves evaluating the invention’s novelty, inventive step, and industrial applicability. The Patent and Trademark Office may issue examination reports containing objections or amendment requirements.
You are required to respond to these objections by submitting arguments, amendments, or clarifications. To surmount the examiner’s concerns and increase your chances of obtaining a patent, it is essential to comprehend and effectively address the objections.
Patent Grant
If your patent application satisfies the criteria for patentability and the examiner is satisfied with your responses to objections, the IPO will grant you a patent. A patent grants you exclusive rights to your invention for a period of twenty years from the first filing date. It is essential to note, however, that annual renewal fees must be paid to keep the patent valid throughout its lifetime.
Conclusion
Filing a patent application in India is a multi-step procedure requiring careful planning, exhaustive research, and precise documentation. By following the step-by-step guide detailed in this article, you can successfully navigate each phase, from conceiving your invention to receiving a patent. Understanding the patentability criteria—novelty, inventive step, and industrial applicability—enables you to evaluate the patentability of your invention and improves your odds of securing exclusive rights. Protecting intellectual property through the patent system promotes innovation, rewards inventors, and contributes to the development and expansion of India’s diverse industries.
