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A patent is a statutory right granted to an individual or organization by the government. It gives one the exclusive rights to a patented invention and disallows others from making, using, selling, or importing the product, process, or service without consent. If you are an individual or a business with a big idea or an invention, you would want to get it patented. Without patent registration, you cannot claim your invention as your own.
In India, patents are issued by the Indian Patent Office (IPO). To get patent protection in India, you need to file a patent application in the Patent Office. Patent registration in India is a lengthy process that involves multiple checks to ensure the originality, uniqueness, and industrial applicability of any invention.
You can do your patent registration online or via offline mode. Online patent registration can be easier and cheaper than offline registration but it too comes with a set of preconditions. Therefore, having the guidance and support of a reputed patent registration company can be a huge advantage. More on that later; first let’s dive into the steps of patent registration that we follow here in India.
If you need to file a patent, here’s a step-by-step guide on the full procedure for registration of patent in India.
The process of patent registration in India is not really an easy one. Most inventors seek expert assistance from experienced patent registration company like IPFlair to complete the patent registration process on their behalf. Since patent filing requires both technical and legal expertise, it is recommended that you engage the services of professionals with years of experience. A poorly written patent application can lead to your application getting cancelled. Given below are the steps involved in the procedure for patent registration in India.
Before beginning the process of patent registration in India, it is necessary to do an in-depth patent search to determine if your invention is innovative, unique, and has industrial applicability. This search is not mandatory, but it will help determine if the invention is patentable.
Following are the criteria for an invention to be patentable:
The patent registration begins with filing a patent application at the designated patent office, depending upon the applicant’s location. The Indian Patent Office accepts prescribe patent application forms and documents and the official fees as declared in the First schedule of Patents Rule.
Indian applicants must fill in Indian Patent Application Form 1. This form includes details of the inventor(s), the applicant(s), and patent application type, the title of the invention, declarations, and signatures from the applicant, inventor, or an authorised person.
A Form 2 Patent Specification must accompany each patent application. Here, you need to specify provisional or complete application depending upon the stage of the invention. If you’re still in the testing stage of invention, you need to apply for a provisional patent application. But if your invention is complete, you can apply for a complete application. In case of provisional application, you get a period of 12 months from the date of applying to finalize the invention and file for a complete patent. The date of filing the provisional application is referred to as the patent’s date.
You need to submit a patent draft along with your patent application. This is a vital document as the Patent Office will use it to decide whether to grant the patent or not. This document includes the usability and outcome of the invention, why you want your invention to be licensed, and prevent others from using and profiting from it.
You need to submit the below-mentioned forms along with your patent application:
Form 1 – Application for Patent Grant. This form includes details of the inventor(s), applicant(s), and patent application type, the title of the invention, declarations, and signatures from applicant, inventor and/or authorised person.
Form 2 – Patent Specification Form (Complete or Provisional)
Form 3 – Statement and Undertaking under section 8. This is applicable in cases where you have already filed a corresponding patent application in a country other than India.
Form 5 – Declaration as to inventorship to be filed with the application
Form 26 – Form for authorization of Patent Agent (applicable only if you hire an agent to help with patent registration in India).
Form 28 – to be submitted as proof of evidence by start-ups and small entities
Priority Documents – You need to furnish priority documents only if you claim priority from a foreign patent claim or application.
An authorized person of the inventor should sign all documents, forms, or drawings.
After submitting all documents, your patent application is secured by the Patent Office. After that, it will be published in the official patent journal after approximately 18 months of filing the patent registration application. However, if you wish to have your patent application published earlier, you must submit Form 9 for an early publication request. In such cases, the application gets published within a month of the early publication request.
In some instances, a patent application may not be published due to incomplete application, withdrawal requests by the applicant filing the patent, and secrecy direction applicable under the Patent Act wherein the invention conflicts with national interests.
After submitting all documents, your patent application is secured by the Patent Office. After that, it will be published in the official patent journal after approximately 18 months of filing the patent registration application. However, if you wish to have your patent application published earlier, you must submit Form 9 for an early publication request. In such cases, the application gets published within a month of the early publication request.
In some instances, a patent application may not be published due to incomplete application, withdrawal requests by the applicant filing the patent, and secrecy direction applicable under the Patent Act wherein the invention conflicts with national interests.
Every application filed for the procedure for registration of patent will be examined thoroughly before the patent is granted. Your patent will be judged based on the merits of your invention as claimed and defined in the patent specification form. This is not an automated process, unlike the publication process. The inventor needs to make an application for examination in Form 18. The earlier you put your request forward, the better.
The patent examiner follows specific steps while examining a patent application:
The inventor can decide to make changes to the objections and file a time extension request (form 4).
Once all objections raised by the Patent Examiner are resolved, they grant the patent. The patent then gets published in the official patent gazette.
In India, a patent is granted for a limited period of 20 years from the date of filing. A patent holder needs to renew a patent (for a maximum of 20 years from the date of filing) by paying annual renewal fees.
Thus, the process of patent registration in India does not end with patent filing, rather it is the beginning of the whole procedure patent registration in India. There are several forms, intermediate patent procedures, fees, and timelines to be followed to get a patent registered.
Therefore, it is vital to navigate the complex steps of patent registration with expert guidance.
IPFlair is a registered patent agency authorised by the Government of India to file Patent Applications in the techno-legal format according to the Indian Patent Acts, 1970. We are one of the largest service providers, focussed on helping Indian innovators protect their inventions. We aim to increase the valuation of every client’s patent.
We have successfully filed more than 3000 Patent Applications in India and Abroad. We have an outstanding 95% success rate for Indian and International Patent Applications.
We can guide you on the best way to get your invention patented and get the maximum value for patent registration cost in India. Our expert team will take care of the registration of patent right from the start till the end. Rest assured that your ground-breaking innovation will be recognised and your rights protected with us. Contact us today to get our experienced team to help you file a patent successfully at competitive rates.
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Director – IPFlair India
B.E., M.Sc.,
Dip.-IPR
Robert Gordon University,
United Kingdom
Principal Advisor & Patent Attorney
M.S. (Electronics) | Ex-GE
| Ex-Lockheed Martin
| Ex-Northrop Grumman
Senior Manager – Patent Analytics
M.Tech.,
PG Dip.
IPR GGS IP University-Delhi
Manager – Patent Drafting
Integrated B.tech (CSE),
LLB-Cyber Laws University of Petroleum and Energy Studies (UPES), Dehradun
Patent Professional
Business Development Executive
BCA and MBA degree from Nagpur university.
Why Us
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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).
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