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Patent Registration in India

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Patent Registration Process in India

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.

Patent Registration in India

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.

Steps for Patent Registration 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.

Step 1: Patentability Search

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:

  1. It should be novel
  2. It must involve an inventive step
  3. It should be capable of Industrial application
  4. It should not fall under the category of ‘non-patentable subject matter’ according to the India Patents Act, 1970

Step 2: Drafting of Patent Application

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.

Step 3: Filing the Patent Application

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.

Step 4: Publishing the Patent Application

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.

Step 4: Publishing the Patent Application

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.

Step 5: Examining the Patent Application

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:

  1. Scrutinizes the application according to Patent Act and fundamental rules
  2. Ensures the invention is patentable
  3. After reviewing the underlying technology in the invention, a first examination report (FER) is submitted stating grounds of objections, if any.
  4. Examiner provides a list of detailed objections. Such objections are pretty common in patent registration in India and can cause the application process to be extended by 6-9 months.

The inventor can decide to make changes to the objections and file a time extension request (form 4).

Step 6: Grant of Patent

Once all objections raised by the Patent Examiner are resolved, they grant the patent. The patent then gets published in the official patent gazette.

Step 7: Renewal of Patent

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.

Why choose IPFlair for patent registration in India?

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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TOTAL PATENT SERVICES CARRIED OUT IS “6000+“

Patent registration in India is a lengthy process that involves multiple checks to ensure the originality, uniqueness, and industrial applicability of any invention. IPFlair helps with the process of patent registration in India & procedure for registration of patent in India.

Success Rate of 95%

Our Client

Some of the Entities that we work with :
Some of the Institutes that we work with :
Some of the MSME's that we work with :
Some of the Startups that we work with :

What Our Clients Say

Meet Our Team
Khaja Safiullah Haruni
Khaja Safiullah Haruni

Director – IPFlair India

B.E., M.Sc.,
Dip.-IPR
Robert Gordon University,
United Kingdom

Jason Cameron
Jason Cameron

Principal Advisor & Patent Attorney

M.S. (Electronics)  | Ex-GE
| Ex-Lockheed Martin
| Ex-Northrop Grumman

Amit Mendiratta
Amit Mendiratta

Senior Manager – Patent Analytics

M.Tech.,
PG Dip.
IPR GGS IP University-Delhi

Priya Sharma
Priya Sharma
Patent Manager
M.Tech- NIT Kurukshetra, PGD-Patent Laws
Rishi Verma
Rishi Verma
Manager – Patent Analytics & Commercialization
B. Tech (Electrical and Electronics) Vellore Institute of Technology, Vellore.
Praneetha Rasbag
Praneetha Rasbag
Patent Manager
B.E. (Electronics & Communication Engineering), BTLIT, Bangalore
Sahana R
Sahana R

Manager – Patent Drafting

B.Sc., M.Sc. (Electronics) Mount Carmel College, Bangalore
Jinsu Abraham
Jinsu Abraham
Senior Patent Professional
B.Tech And LLB.
Satya Pavan P
Satya Pavan P
Senior Patent Professional
B.Tech. in Electronics and Communications and LLB
Komal Khare
Komal Khare
IP Attorney
BBA.LLB., LLM.IPR
Karnataka State Law University & Symbiosis Law School,
Pune.
Bijoylaxmi Garg
Bijoylaxmi Garg
Client Relationship Manager
B.Sc. (Biotechnology) , Guwahati University MBA , Uttarakhand Technical University
Prakriti Bhattacharya
Prakriti Bhattacharya
Manager- Business Development
B.Tech (Electronics and Communications) Rajiv Gandhi Technical University, Bhopal.
Vishag T
Vishag T
Patent Professional
BE, M. Tech Mechanical Engineering
Aditi Chauhan
Aditi Chauhan
Patent Search and Analysis

Integrated B.tech (CSE),
LLB-Cyber Laws University of Petroleum and Energy Studies (UPES), Dehradun

Shobhna Tyagi
Shobhna Tyagi
Patent Analyst
M. Tech (Electronic Product Design Technology) C-DAC Mohali, B. Tech (ECE) Banasthali Vidhyapith.
Ajan A
Ajan A
Patent Professional
M.Tech. (Power Systems), Christ University, Bangalore.
Madiha Makandar
Madiha Makandar

Patent Professional

M.Tech in VLSI Design PES Institute of Technology B.E in E&C from SGBIT, Belagavi.
Anusha Chakraborty
Anusha Chakraborty
Lead Patent Professional
M.Tech and B.Tech – IIIT Bhubaneswar (Computer Science)
Priyanka Vhanmane
Priyanka Vhanmane
Patent Professional
M.Tech. Sir M Visvesvaraya Institute of Technology Bangalore.
Madhusudan H. C.
Madhusudan H. C.
Patent Professional
Bachelor of engineering (BE) in Electronics and Communication
Paridhi Somani
Paridhi Somani

IP Administrator

LL.B. New Law College
Pune
Srilekya Kolli
Srilekya Kolli
Patent Administrator
BBA LL.B.
Alliance School of Law,
Alliance University
Ipsa Raj
Ipsa Raj
IP Administrator
BBA LL.B. from GITAM School of Law, GITAM University
Divya Vinayak
Divya Vinayak
IP Administrator
Master Computer Application (MCA) NIT Kurukshetra, Haryana
Sangamithirai V T R
Sangamithirai V T R
Patent Administrator
BBA LL.B.
KLE Society’s Law College, Karnataka State Law University
Bhagyashri V Katkalmbekar
Bhagyashri V Katkalmbekar
Patent Professional
B.E. from Babasaheb Ambedkar Marathwada University, Aurangabad.
Mohit Rajesh Bohra
Mohit Rajesh Bohra

Business Development Executive

BCA and MBA degree from Nagpur university.

Geeta Gopalakrishna
Geeta Gopalakrishna
Senior Accounts Executive
B.Com.(Vijaya College Bangalore), M.com (Indira Gandhi National Open University).
Pallavi R
Pallavi R
Accounts Executive
B.com from Oxford College of Business Management, Bangalore.
Moohib Khan
Moohib Khan
Business Process Officer
B.sc (Computer Science) Imperial College of Management.
Rasmi Ranjan Akal
Rasmi Ranjan Akal
Business Process Associate
MBA from Ravenshaw University.
Archana D
Archana D
IP Administrator
B.B.A.LL.B. Bishop Cotton Women’s Christian Law College.

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

IPflair has Technical and Legal Expertise with at-least MTech or PhD Background, alumnus of reputed institutes such as IIT, NIT, IIT or international university, with minimum 2-10 years of Experience in various facets of Intellectual Property Rights such as Patent Searching, Drafting, Filing, Prosecution and Litigation.

Patent Commercialization Aspect

Patent acts as an Intangible Asset, Each and Every Patent can be Evaluated with a Net Present Value. However, the Valuation depends on the scope of the invention covered in a Patent Application. Our team of experts drafts the Patent Application by considering the Commercialization aspect and increasing the Valuation of a patent.

IPflair Clients

IPflair currently works with around 300+ Start-up’s/Individuals in India/abroad. We have signed an MOU with Government of Karnataka to assist various Elevate 100 Start-ups.

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

We have filed around 2000+ Patent Applications in India, Abroad and PCT with a very high Success Rate. For filing patent applications in foreign countries, we have network with patent attorneys across the globe.

Our Milestones

+
Clients
+
Patents
+
Copyrights
+
Trademarks

Get In Touch

India

IPFlair is a largest patent company in India specialized in intellectual property & Patent Filing in India. Use our patent cost calculator India & Patent online with our expert team as we help startups to protect & develop their ideas through the patent filing process.

Address:

IPflair Garden Layout, Sector 2, HSR Layout, Bangalore-560102, Karnataka
Ph.No: 1800-123-1474 E-mail: support@ipflair.com

India

IPFlair is a largest patent company in India specialized in intellectual property & Patent Filing in India. Use our patent cost calculator India & Patent online with our expert team as we help startups to protect & develop their ideas through the patent filing process.

Address:

IPflair Services Private Limited, Indiqube Lakeside, Green Glen Layout, Bellandur, Outer ring road, Next to Salarpuria Softzone, Bangalore – 560103
Ph.No: 1800-123-1474 E-mail: support@ipflair.com

India

IPflair is one of the most referred Patent companies in India having a vast network and industry tie ups to help a patent owner in licensing/monetizing through Patent filing in India. We provide patent cost calculator india through which you can take decisions for patent filing.

Address:

IPflair,T-Hub, IIIT-Hyderabad Campus, Gachibowli, Hyderabad, Telangana 500032
Ph.No: 1800-123-1474 E-mail: support@ipflair.com

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