PATENT REGISTRATION PROCESS IN INDIA

A Patent is an exclusive right given by the government for the invention or innovation or new idea created by an inventor or innovator. The exclusive right includes sole control over the invention and enables the inventor to stop others from making, using, selling, offering to sell, or importing of the invention.
Now, in order to get the exclusive right from the Government to stop others copying the Invention, an inventor needs to file the invention in an appropriate Patent office for the Patent Registration. So, below are the steps by which an inventor can register the patent and the same is explained further:
STEP 1: Filing of the Patent Application in an appropriate office
STEP 2: Publication of the filed Patent Application by the Patent Office
STEP 3: Filing a request for examination in the Patent Office
STEP 4: Patent Registration or Grant

STEP 1: Filing of the Patent Application in an appropriate Patent Office:
The first step in the patent registration process is filing a patent application which can be either an e-filing or filed physically in the appropriate Indian Patent office based on the applicant’s location. There are four Indian patent offices with location at Delhi, Kolkata, Mumbai and Chennai for patent registration.
For the patent registration, the application should contain information such as name, nationality, type of application and address of the applicant(s) and inventor(s) among other information.
There are two kinds of Patent Application, one is a Provisional or Temporary Patent Application and other one is a Complete Patent Application.
If the R&D for the invention is at a very early stage, then one can go for provisional or temporary Patent Application for Patent Registration. Provisional Patent Application can be filed with the preliminary description or information of the invention and does not require complete information of the invention in the prescribed manner. It gives you benefits such as securing exclusive rights at an early stage and on lower cost for 12 months.

The Complete Patent Application describes the invention fully and particularly including its’ field and background, detailed description, drawings, claims etc. in a manner prescribed. Also, those who has initially filed Provisional Patent Application can file Complete patent Application within twelve months from the filing date of Provisional patent Application.


STEP 2: Publication of the filed Patent Application by the Patent Office
As per the Patent Law, post patent registration, the patent application is ordinarily published after 18 months from filing and the application will be available at Indian Patent Office database. This is an automatic process not requiring any request. However, one can request for an early publication and the application will ordinarily be published within 1 month of the request and the application will be available at Indian Patent Office database.


STEP 3: Filing a Request for examination in the Patent Office
For patent registration, the examination of patent application is not an automatic process and is examined only after the receipt of a request for examination. Upon receipt of such request the patent application is examined by a patent examiner. An applicant can apply for an expedited examination, provided the applicant is a start-up.

STEP 4: Patent registration or grant:
Once the patent application fulfils all formalities and overcomes the objections, if any, the patent is registered and published in the patent gazette thus completing the patent registration process. The validity of the patent registration is 20 years and requires yearly renewals.

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