How can a Patent be filed
A patent is a legal proof of owning the rights of an invention. All the monetary and economic benefits are available to the patent holder. It is an intelligent move to secure your invention from a possible replica. Thus, one being a startup or well-establish entity requires a patent for running a business. There are specific points to be kept in mind while a person applies for a patent. But, a non-specialist cannot understand this legal requirement and must spend some time understanding them completely. Often, people commit errors and, as a result, have to face rejection of the patent. Long story cut short, and one has to understand many aspects before filing a patent.
An individual or an entity can patent application can be filed in India. But, always keep in mind an inventor can only be an individual. Let’s now discuss patentability in brief.
Before Filing a Patent, Understand Patentability search:-
Before a patent application, it is important to conduct a patentability search to determine whether the invention is patentable or not. Patentability search includes the inclusion of the following characteristics in the invention:
- Firstly, An invention that must be Novel.
- Secondly, It should involve an Inventive Step.
- Thirdly, Capable of being an Industrial Atable subject matter of Section-3 and Section-4 of the Patents Act, 1970.
Filing a patent application is a legal document to obtain a patent in India. A patent application must be filed in a patent office per the prescribed jurisdiction.
After your patentability search, it’s time to know who can file for a patent. Intellectual property is a very important asset, and one has to own it completely to have monetary and economic benefits. At last, everyone is here to make money from the invention by having a valid patent over it. Hence, let’s check who can file for a patent.
Who can apply for a patent?
- A person who files for a patent is an applicant, and as per governing laws, three types of people can do it. Under Section 6 of the Patents Actpplication, and
- Lastly, It should not fall under the non-paten, 1970, an application for an invention may be made by any of the following people;
- Any person claiming to be the true and first inventor of the invention;
- Any person being the assignee of the person claiming to be the true and first inventor;
- The legal representative of any deceased true and first inventor or their assignee;
For Example, if a person is applying for a patent in India, they must fall in any of the above-mentioned categories. Thus, an inventor can file a request to avail patent. Even a legal representative of the inventor can do it. Plus, an entity with the inventor’s permission can apply for the patent.
The next question is where a patent can be filed. Let’s discover the four places where patent offices are present. Please note, a patent can be filed offline or online as per the applicant’s choice.
Where a patent application can be filed (Jurisdiction)?
There are four Indian Patent Offices (IPO) for the purpose of facilitating the registration of patents in India, i.e., Kolkata, Delhi, Mumbai, and Chennai.
The jurisdiction of the patent office is to be decided by the following criteria:
- Place of residence, domicile, or business of the applicant.
- The place from where the invention actually originated.
- For a foreign applicant, the address for the service in India is given by the applicant when the applicant has no place or domicile in India.
Following are the four patent offices in India with territorial jurisdiction:-
|Patent Office||Territorial Jurisdiction|
|Delhi||The State of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi, Territory of Chandigarh.|
|Kolkata||Rest of India|
|Chennai||The State of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Pondicherry and Lakshadweep.|
|Mumbai||The state of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, The Union Territories of Daman & Diu and Dadra & Nagar Haveli.|
The following types of Patent Applications can be filed:-
- Ordinary Application
- Convention Application
- PCT International Application
- PCT National Phase Application
- Application for Patent of Addition
- Divisional Application
Patent Applications can be filed in the following two ways in Indian Patent Office (IPO):-
- Firstly, Offline Filing or Physical Filing- There are 4 offices that accept patent applications as per the correct zone matching the location covered by the office.
- Secondly, E-Filing- Online filing of patent applications is very convenient. It is an easy option available to every patent applicant.
Forms required at the time of filing a patent:-
- Form 1- Application for grant of patent
- Form-2-Provisional/Complete specification
- Form-3-Statement and Undertaking under Section-8 (information about corresponding foreign applications)
- Form-5-Declaration as to Inventorship
- Form-26-Form for authorization of a patent agent/ or any person in a matter of proceeding under the Act.
- Form-28-Compatible for a small entity/startup (in case of small entity/startup)
List of Documents required at the time of filing a patent:-
- Firstly, Declaration of Inventorship
- Secondly, Statement and Undertaking
- Thirdly, Proof of right
- Fourthly, Authorization of patent agent
- Next, Priority documents in case of Convention Application, PCT National Phase Application
- Finally, The National Biodiversity Authority permits it if the application pertains to biological material.