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Do you think you could be a contributor to India’s innovation landscape? Do you have a novel idea or invention that deserves exclusivity? It could be any product, process, or design that is original, practical, and has industrial applicability.
However, today new inventions are happening at a much faster rate than before. It’s a competitive landscape of startups and innovators. If you want to give shape to your unique idea and rise above the competition, you first need to protect it. That’s where the need for patents comes in.
Wondering how to turn your innovation into an asset through patent filing? We have outlined the patent filing procedure in India that will get you there.
The patent filing procedure requires many meticulous details, and a host of conditions needs taking care of to undertake patent filing in India successfully. Let us take a quick look at the steps involved in the patent filing procedure in India.
Before initiating patent filing in India, you have to ideate the innovation. Check if the Indian Patent Law categorizes your innovation as non-patentable. Besides, it is crucial to list the unique advantages of your IP and see to it that the invention includes unique steps to improve existing processes or solutions to problems.
Patent filing procedure in India involves running a thorough search of patent databases and published material for the existence of prior arts similar to your IP. Your patent application will face rejection if a similar idea, design, or process exists in the public domain. Additionally, you will have to take cognizance of the categories of inventions considered non-patentable by the Indian Patent Law.
Your patent application is complete only when all relevant details regarding the background of the innovation, its description, drawing (if any), claims, abstract, and summary are included. You need to draft the details carefully to disclose all the precise information regarding the innovation. Once the draft is ready, it is time to apply to the designated Patent Office.
Your patent application should comprise of the following documents:
♦ Form-1: Application form
♦ Form-2: The provisional or complete specification. Please note that if you are filing with a provisional specification of your invention, you have 12 months to submit the completed specification.
♦ Invention abstract
♦ Drawing, if any
♦ Form-3: Statement and Undertaking of patent filing outside India
♦ Form-5: Declaration of inventorship
♦ Form-9: Request for publication
The Patent Office will publish your application (with complete specifications) in its official journal after 18 months from the date of filing. However, you can seek priority consideration for early publication. Post-publication, you can expect pre-grant opposition from patent holders who feel your claims violate their patent rights. How well you counter these objections decides the further proceedings of your patent application.
Under normal processes, the examination of your patent application starts after 48 months of filing. However, under the provisions of 24B and 24C of the Indian Patent Act, you can expedite the process by submitting form 18A along with requisite fees, under the grounds that you are either, an Indian start-up company, or India is indicated as the International Searching Authority or International Preliminary Examining Authority in the corresponding international application
The patent examiner files the First Examination Report with the Controller, raising objections, if any, to your innovation. Handling these objections will set you up for the final grant or rejection of the patent.
The Controller of Patents grants your patent application in India after the objections are handled satisfactorily. The patent journal carries the news of the grant.
A patent filing company has the technical expertise and experience in handling every aspect of successfully securing patents. Further, patent filing services with global operations are knowledgeable about the varying patent rules of different countries. If you are seeking patent protection internationally, such service providers can help you effectively in every country you are filing patents.
Our professional association with global patent attorneys gives us the edge of knowing the ins and outs of country-specific patent filing procedures. Offering patent filing services to 300+ clients, we have a success rate of 95% in securing the patents we filed. We also competently develop and leverage our clients’ patent portfolio, owing to our network of investors and industry tie-ups that help in monetizing or licensing IP assets.
Browse our website to learn more about our company, what we do, and how we can assist you in your patent filing process and intellectual property rights and assets.
TOTAL PATENT SERVICES CARRIED OUT IS “6000+“
Success Rate of 95%
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M.Tech. (Power Systems),
Christ University, Bangalore
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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
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Filed around 2000+ Patent Applications
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