Patent Registration Process in India

A Patent is an exclusive right by the Government for the Invention or innovation. Plus, It validates the new idea created by an inventor or innovator. The patent registration process is the one that makes it all possible. The right to own your creation can be bliss.

The exclusive right includes sole control over the Invention. It enables the inventor to stop others from making, using, selling, offering or importing the Invention. A legal weapon to protect your Invention from getting any replicas. It is one of the initial steps every brand takes before heading toward its product launch.

For example, Imagine if Apple didn’t own the brand, iOS, and logo rights. Though, You can’t imagine that every possible mobile maker will utilize the opportunity to defeat competitors. 

What is the registration process for patents?

A patent is registered with the Government of India. And the authorities only present the process and expect the Applicant to file an application & raise a claim. Some steps are to be followed to get a valid patent. Every Applicant needs to understand these. But before that, one has to learn about the importance of a patent & how to register a patent.

Now, to get the exclusive right from the Government to stop others from copying the Invention, an inventor needs to file the Invention in an appropriate Patent Office for Patent Registration. Thus, below are the steps by which an inventor can register the patent, which are explained further.

There are four steps for patent registration.

STEP 1: Filing of the Patent Application in an appropriate Patent Office:

Firstly, the first  in the patent registration process is filing a patent application. It can be either an e-filing on the official government website. One can even choose to file a physical copy of the application in the proper Indian Patent office based on the Applicant’s location.

There are four Indian patent offices located in Delhi, Kolkata, Mumbai, and Chennai for patent registration. These organizations offer the facility to get a compatible patent. It is based upon the conditions and terms to avail one. One needs to have an error-free application to get an instant patent. Otherwise, it becomes difficult as applications are rejected. 

For patent registration, the application should contain specific information. For example, name, nationality, type of application, and address of the Applicant (s) and inventor(s), among other details.

Understand the process of patent registration

Begin with understanding the types of patent applications. There are two kinds of Patent Applications. The first one is a Provisional or Temporary Patent Application. The second one is a Complete Patent Application.

Provisional or Temporary Patent Application:

The stage of Research & Development is ideal for applying for this application. Although, It is most compatible as it is in a very early stage of the Invention. A provisional Patent Application needs the Applicant to provide basic or initial information about the Invention. It doesn’t require the patent applicant to provide all the details but rather the one known in the early stages. Plus, It gives you benefits such as securing exclusive rights early and a lower cost for 12 months.

The Complete Patent Application describes the Invention entirely. And, It mainly includes the following:

1. its’ field and background,
2.  detailed description, 
3. drawings, 
4. claims, etc., 

All the above are in a prescribed manner. Also, those who have initially filed Provisional Patent Application can file for a complete one. Finally, A complete patent application within twelve months from the filing date of the Provisional Patent Application.

STEP 2: Publication of the filed Patent Application by the Patent Office

According to the Patent Law, post-patent registration, the patent application is ordinarily published after 18 months of filing. And the application will be available in the Indian Patent Office database. This is an automatic process that does not require any request. However, one can request an early publication, and the application will ordinarily be mentioned within one month of the request. Plus, the application will be available in the Indian Patent Office database.

It is the step done by the authorities, and Applicant needs to wait to check their application status. It might take a couple of weeks or months. The authorities usually communicate through mail, informing them about the publication. The details are available over the portal, and everyone can access them.

Some basic details are essential to check the application. One should maintain the record of the database with themselves as it is done to avoid replicas or copies for the same patent. It reduces the workload for authorities. Thus, every Applicant should check it before filling one. 

STEP 3: Filing a Request for examination in the Patent Office

For patent registration, the examination of a patent application is not automatic. Rather, it needs examination which is done after receiving a request for an examination. Firstly, The patent applicant can file for the examination of the patent application. Secondly, Upon receipt of such a request, the patent application examiner performs the task of examining the application. Finally, An applicant can apply for an expedited examination, provided the Applicant is a start-up.

STEP 4: Patent registration or grant:

Lastly, Once the patent application fulfills all formalities and overcomes the objections, if any, the final status of the patent is uploaded. It is Register & Finally Given to the Applicant and is a part of the patent gazette . Thus, completing the patent registration process. The validity of the patent registration is 20 years and requires yearly renewals.

All the above steps apply to each patent registration process in India. There is no different way to do it. It needs a legal guardian to help you complete this route to avail of the patent registration. The top legal consultants are working together as IPFlair, an entity serving for the past five decades to help everyone avail of the most compatible patent.

The team is here to make the registration process of patents easy and error-free. Plus, The past clients include Forbes 500 entries, and the big brand relies upon their advice to take the next big step.