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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 process in India that will get you there.
The patent filing process 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 process 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 process.
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.
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TOTAL PATENT SERVICES CARRIED OUT IS “6000+“
Success Rate of 95%
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What Our Clients Say
IPflair has been my preferred IP partner for my startup ventures since 2018. Our first Patent got approved within 18 months and IPflair played an important role in the entire process -their quality of patentability search reports, fast learning curve on the subject matters, drafting and overall diligence process has been quite amazing. We are continuing to bank on them for our IP portfolio management, including India PTO and PCT applications.
IPFlair has been a strategic IP partner for TruthShare right from our incorporation. Working with IPFlair, our first patent has been granted in India in less than 1 year. The patent has also been published by US patent office and filed with WIPO. We have now worked with IPFlair on 10+ patents and filed them in multiple geographies. All these patents are in the cutting edge technology areas like privacy, blockchain and cryptography. I would certainly recommend IPFlair to Indian companies, startups and individuals looking to protect their innovation in India and abroad.
The service provided by IPflair was very professional. The patent search made by them is very comprehensive and saves a lot of time. The main advantage of working with them was their attorneys’ exposure to Technology & Engineering, they were understanding our product very well and drafted the patent appropriately thus enabling us to obtain the patent in a single attempt. Wishing them all the best for further endeavours.
IPflair is good at demystyfying the entire aspect IP filing. They are systemic, frank, knowledgeable and open to customer idea. What I liked most about them is the speed of execution. I thank the entire team of IPflair and specially Harish N for his multiple technical discussions with me. You can trust IPflair. They deliver.
Professionalism and perfection at each stage of the process!! It is just a thought in my mind that came out of my real life pain point and possible solution to that. The rest of the things, IPflair team took it from there with their technical expertise and professionalism to get the patent grant in a very short time. Because of the IPflair, me as a Home maker could be a patent owner in such a short time. In depth analysis of the idea for extensive search for previous artifacts, excellent drafting and technical representation at the hearing, resulted with a great result
I selected IPFlair for the patent application process of an application process and design. I was handheld on the whole process, the team was with me, clearing my queries, suggesting changes and improvising the documentation flow all along. I was kept apprised on the status at every stage. Finally, we got the patent approved within 9-10 months, without IPFlair, it would have been complicated. I appreciate their efforts, communication mechanism and commitment towards achieving the set goal. I have already recommended them to a couple of enquiries and would continue to do so for whomever that asks.
IPflair has helped us get our patent for our hydroponic system in India. This is the only patented hydroponic system in India. Their expertise and experience in the intellectual property area has helped us to achieve this. Mr. Khaja was great to work with! Highly Recommend IPflair!
Because it’s such a technology-based industry, everything is person to person. IPflair team caters to the individual and professional need.
IPflair has a very competent team. We have received very professional support from IPflair during the entire journey of Patenting process viz. FTO to Patent filing and obatining granted Patent.
Team IPflair demonstrated exemplary professionalism and attention to detail in executing all the stages necessary to take me from drafting till grant of my patent on the Electric Powered Parxxxxxx (2019210xxxxx). I was most impressed with the team’s ability to grasp technological fine points of a domain that’s not very often encountered in this pursuit. That dexterity was instrumental in executing an extensive novelty search and thus setting a solid fountain in the formulation of the description and claims. This was later reinforced during the prosecution and the response to the examination eventually leading to an expedited grant in a little over a year from first approaching them. All of this done at a reasonable fee. I would most favourably recommend their service.
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
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
Filed around 2000+ Patent Applications
Our Milestones