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Filing of a patent application in India requires several forms and signatures of inventors, applicant or authorized signatory and attorney/agent. If anyone of the form is not filed, it may be a good reason for revocation as well as rejection. E.g. very few applicants know that Form-3 needs to be filed with the Indian patent office after six months updating the patent office with the change in the status of the patent application in other countries.

 

Similarly, every country has their own requirements. Our associates worldwide ensure that all such compliances are done will in time preventing future negative repercussions. Our team of experts will help you with Indian Patent FIling Procedure in the shortest period.

The patent filing procedure in India involves several steps.

Prior Art Search: Before filing a patent application, it is advisable to conduct a thorough search to identify any prior art or existing patents that may affect the novelty or inventiveness of your inventio

 

Drafting the Patent Application: A patent application must include a detailed description of the invention, along with claims that define the scope of protection sought. It is recommended to seek assistance from a patent attorney or agent to ensure that the application meets the required legal standards and adequately protects your invention.

 

Filing the Application: Once the patent application is prepared, it can be filed with the Indian Patent Office. The application can be filed either online or through physical submission at the appropriate Patent Office based on the jurisdiction.

 

Publication: After filing, the application is published in the Indian Patent Office’s Official Journal after a period of 18 months from the filing date or priority date, whichever is earlier. However, if the applicant requests early publication, it can be done within one month of filing.

 

Examination: After publication, the patent application enters the examination stage. The patent office examines the application to assess the novelty, inventiveness, and industrial applicability of the invention. The applicant or the authorized patent agent must file a request for examination within 48 months from the filing date or priority date, whichever is earlier.

 

Office Actions and Response: The patent office may issue office actions, which are official communications stating the objections, if any, raised against the application. The applicant must respond to these objections within the prescribed timeframe, usually within six months from the date of the office action.

 

Grant or Refusal: If the patent office is satisfied with the response and finds the invention to be novel, inventive, and industrially applicable, a patent is granted. However, if the patent office is not convinced by the response or if the objections are not overcome, the application may be refused. The applicant has the option to appeal the decision before the Intellectual Property Appellate Board (IPAB).

 

Maintenance and Renewal: Once the patent is granted, the applicant needs to pay the prescribed maintenance fees to keep the patent in force. These fees are due annually starting from the 3rd year of the filing date.

Requirement the Patent Application

 

Please ensure that you include the following forms with your patent registration application:

 

Form 1 – Patent Grant Application:

Contains essential details such as inventor(s), applicant(s), patent application type, invention title, declarations, and required signatures from the applicant, inventor, or an authorized representative.

 

Form 2 – Patent Specification Form (Complete or Provisional)

 

Form 3 – Statement and Undertaking under Section 8:

Mandatory if you have previously filed a corresponding intellectual property application in a country other than India.

 

Form 5 – Declaration of Inventorship:

To be submitted along with the application.

 

Form 26 – Authorization of Patent Agent:

Required only if you engage a patent agent to assist with the registration process in India.

 

Form 28 – Proof of Evidence for Start-ups and Small Entities:

Submission required by start-ups and small entities.

Priority Documents:

 

Necessary if claiming priority from a foreign intellectual property claim or application.

Please note that all documents, forms, or drawings must be signed by an authorized representative of the inventor.

Frequently asked questions (FAQs) patent registration in India.

What is a patent?

A patent is a form of intellectual property protection granted to an inventor for a new and useful invention, providing exclusive rights to the inventor for a limited period of time.

Who can file a patent application in India?

A patent application in India can be filed by the true inventor or their assignee. In case of joint inventors, they can file the application together or individually.

What can be patented?

Inventions that are novel, involve an inventive step, and have industrial applicability can be patented. This includes products, processes, methods, and compositions of matter.

How long does it take to obtain a patent in India?

The time frame for obtaining a patent in India can vary widely. On average, it may take around 3-5 years or even longer due to the examination process, backlogs, and potential objections

Can I file a provisional patent application in India?

Yes, India allows for the filing of provisional patent applications. A provisional application establishes a priority date and provides some time to further develop the invention before filing a complete specification.

Grant or Refusal ?

If the patent office is satisfied with the response and finds the invention to be novel, inventive, and industrially applicable, a patent is granted. However, if the patent office is not convinced by the response or if the objections are not overcome, the application may be refused. The applicant has the option to appeal the decision before the Intellectual Property Appellate Board (IPAB).

Maintenance and Renewal ?

Once the patent is granted, the applicant needs to pay the prescribed maintenance fees to keep the patent in force. These fees are due annually starting from the 3rd year of the filing date.

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