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If you are someone who has invented something groundbreaking and worried if someone is going to copy your design, we might have a solution for you; File A patent in India online! with IPflair. If you have a novel innovation, you need to get your invention patented. Filing a patent online in India will give you the authority to safeguard your rights on your invention. You can also establish sole ownership of your invention by filing a patent online. If you hail from India you can file patent in India and IPflair will help you in each step of patent filing.
A patent is a legal document that grants the inventor sole ownership and rights over their invention for a certain period. The Patent right is granted by the government of the country or the state depending on the laws of the nation.
The law of Patents is a branch of Intellectual Property Rights that is created to protect and safeguard the rights of an inventor. The law is created to encourage new developments, improve the economy, and provide the inventor with the exclusive rights to use and sell their creation for a specific time.
The Patent Acts 1970 and the Patent Rules of 2003 are the laws that regulate and govern the filing of a Patent in India. These rules say that the inventor, someone they give rights to, or their legal rep can apply for a patent. This is done at the Indian Patent Office that covers the area where the inventor is based.
If you’ve created something new and useful, filing a patent helps protect it legally in India.
You can File the patent application: to the Indian Patent Office or File a patent online through the official website of the Indian Patent Office or physically by visiting the patent office.
Ways to File Your Patent Application:
– At the Indian Patent Office directly.
– Online on the Indian Patent Office’s official website.
– By visiting the patent office in person.
Understanding India’s Patent Laws and Process:
Indian Patent Act, 1970
Framework: Provides the legal basis for patents in India, defining what can be patented, the rights of patent holders, and the process of obtaining a patent.
Patentability Criteria: Outlines the criteria for patentability, including novelty, inventive step (non-obviousness), and industrial applicability.
Patentable Subject Matter: Defines what constitutes patentable subject matter and exclusions (e.g., traditional knowledge, atomic energy-related inventions).
Term of Patent: Sets the standard term of a patent at 20 years from the filing date.
Compulsory Licensing: Contains provisions for compulsory licensing under certain conditions.
Provisions for Opposition and Revocation: Allows for pre-grant and post-grant opposition to the patent and sets out grounds for revocation.
Patent Rules, 2003
Procedural Details: Provides detailed procedures for filing patent applications, examination, opposition, and other processes under the Patent Act.
Forms and Fees: Specifies the required forms and fees for different stages of the patent process.
Expedited and Electronic Filing: Introduces provisions for expedited examination and electronic filing of patents.
Detailed Description: You should include the technical field, background, detailed description of your invention, its operation, and specific embodiments.
Drawings/Diagrams: If applicable, you need to provide drawings or diagrams to support the description.
Confidentiality Assurance: Engaging patent agents under a non-disclosure agreement adds a layer of security for your sensitive information.
Extensive Research: You should utilize databases and patent libraries to research existing patents and publications. By doing a patentability search in India you can avoid going through the tedious process of filling a patent, in case a similar invention already exists.
Comparative Analysis: Compare your invention against prior art to establish its uniqueness and innovation.
Evaluation of Patentability: Consider factors like novelty, non-obviousness, and industrial applicability based on the search results.
Strategic Decision: Decide whether to proceed with the patent application or modify the invention based on your findings.
Your invention must have an inventive step compared to any existing invention. It can either be economically significant, technically advanced, or both over any existing innovation.
Comprehensive Drafting: You need to draft claims, abstract, and detailed description accurately to cover all aspects of the invention.
Legal and Technical Precision: Ensure compliance with legal standards and maintain technical accuracy to avoid future objections.
Form 1 (Application for Grant of Patent): Provide basic information about you and your invention..
Form 2 (Provisional/Complete Specification): Include a detailed description of your invention (if the application is complete).
Form 3 (Statement and Undertaking under Section 8): Disclose information about foreign applications for the same invention.
Form 5 (Declaration of Inventorship): Identify the inventors of the invention.
Form 26 (Power of Attorney): If a patent agent is appointed.
Form 28 (To be submitted by Small Entity/Startup): If applicable.
Digital Signature and Fees: Required for online filing and fee payment according to the entity size and type of application
Form 18 (Request for Examination): After filing a patent online application you have to request the concerned Indian Patent Office to examine the patent application. This must be filed within 48 months from the priority date or filing date.
Objection Analysis: Review objections raised by the patent examiner.
Formal Response: Prepare a response to address each objection, potentially amending the application if necessary.
After the draft and report submitted to the corned Patent Office are thoroughly examined, there are marginal chances that a few complaints will be raised. In that case, the inventor has to prove his inventive step and novelty over the invention.
Final Acceptance: Once all criteria are met and objections resolved, the patent is granted.
Patent Grant Notification: This is issued in the Patent Journal that is published from time to time.
The process of filing a patent online is complex and lengthy, but IPflair is always Happy to help you. We at IPflair, ensure that your invention is recognized and your rights are protected so you do not face any infringements. We bring our immaculate knowledge to help you avoid problems that can be a hurdle to your growth.
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TOTAL PATENT SERVICES CARRIED OUT IS “6000+“
Success Rate of 95%
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What Our Clients Say
Executive Director – Management
B.E., M.Sc.,
Dip.-IPR
Robert Gordon University,
United Kingdom
Managing Partner – Patent Attorney
M.S. (Electronics) | Ex-GE
| Ex-Lockheed Martin
| Ex-Northrop Grumman
M.Tech.,
PG Dip.
IPR GGS IP University-Delhi
Reg- Indian Patent Agent
Vice President – Patent Analytics
Vice President – Patent Drafting
M.Tech- NIT Kurukshetra,
PGD-Patent Laws
Reg- Indian Patent Agent
Vice President – Business Development
B.Tech (Electronics and Communications) Rajiv Gandhi Technical University, Bhopal.
Reg- Indian Patent Agent
Vice President – IP Filing
BBA.LLB., LLM.IPR
Karnataka State Law University & Symbiosis Law School, Pune.
IP Attorney & Reg- Indian Trademark Agent
B.Tech And LLB.
Reg- Indian Patent Agent
B.Sc., M.Sc. (Electronics) Mount Carmel College, Bangalore
Reg- Indian Patent Agent
IP Attorney – Patent Filings
LL.B.
New Law College Pune
Reg- Indian Trademark Agent
M.Tech. (Power Systems), Christ University, Bangalore.
Reg- Indian Patent Agent
B.Tech. in Electronics and Communications and LLB
Reg- Indian Patent Agent
Integrated B.tech (CSE),
LLB-Cyber Laws University of Petroleum and Energy Studies (UPES), Dehradun
B.E. from Babasaheb Ambedkar Marathwada University, Aurangabad.
Reg- Indian Patent Agent
Senior- Patent Professional
Why Us
Maintains Strict Confidentiality
IPflair maintains strict confidentiality with each and every client by signing Exclusive Non-Disclosure Agreement (NDA), prior to receiving the Invention details. The NDA is signed and shared via email and as per the Section 4 of Information Technology Act 2000, any electronic data shared is considered to be legally recognised.
Registered Indian Patent Agents
IPflair has the Registered Indian Patent Agents, authorized by the Government of India, We can file a Patent Applications as per the Indian Patents Act and file the same in the Designated Patent Offices across India. Just to mention few Patent Agent Details: Mr. Dinkar Agrawal (Patent Agent Number: IN/PA 2502) & Mr. Vidya Bhaskar Singh Nandiyal (Patent Agent Number: IN/PA 2912).
Experienced Patent Professionals and Patent Attorneys
Patent Commercialization Aspect
IPflair Clients
Best Cost Effective Pricing
IPflair provides best cost effective prices across India for any Intellectual Property related Services. IPflair is a social initiative by the San Francisco based Parent Organization (IPExcel) to help the Individuals and Start-ups of India in Protecting their Intellectual Property at affordable prices.
Filed around 2000+ Patent Applications
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