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Patent Registration Process in India - Step by Step Guide

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, intellectual property are issued by the Indian Patent Office (IPO). To get Intellectual Property registration 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 IP 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 intellectual property registration process on their behalf. Since IP filing requires both technical and legal expertise, it is recommended that you engage the services of professionals with years of experience. A poorly written intellectual property 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:

It should be novel
It must involve an inventive step
It should be capable of Industrial application
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 Innovation Protection 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 IP 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 IP 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 IP 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 Innovation Protection draft along with your patent application. This is a vital document as the IP Office will use it to decide whether to grant the Innovation Protection 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 registration 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 IP 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 Intellectual Property claim or application.
An authorized person of the inventor should sign all documents, forms, or drawings.

Step 4: Publishing the Intellectual Property Registration Application

After submitting all documents, your Intellectual Property 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 Intellectual Property 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 IP registration 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 intellectual property will be examined thoroughly before the patent is granted. Your invention 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 an invention application:

Scrutinizes the application according to Patent Act and fundamental rules
Ensures the invention is patentable
After reviewing the underlying technology in the invention, a first examination report (FER) is submitted stating grounds of objections, if any.
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 Invention. The Invention 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 intellectual property holder needs to renew a intellectual property (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 Intellectual Property 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 intellectual property registered.

Therefore, it is vital to navigate the complex steps of Invention registration process 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 Invention Right 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 intellectual property successfully at competitive rates.

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TOTAL Intellectual Property REGISTRATION SERVICES: “6000+“

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.

MURALIDHAR,
Founder, Wellnesys Technologies pvt. Ltd.

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.

ABILASH SOUNDARARAJAN,
Director, TruthShare Software Private Limited

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.

DHEERAJ,
Individual Inventor

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.

DEBASIS CHATTERJI,
Founder & CEO, Price Eagle, Hybrid Mind India Pvt.Ltd

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

GUHA PRIYA MOHANRAJ,
Individual Inventor

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.

GURUPRASAD LAKSHMANAN,
Director / CTO, Ezcliniq Health Care

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!

VISHAL N,
Founder, Long Tunnel Farms

Because it’s such a technology-based industry, everything is person to person. IPflair team caters to the individual and professional need.

SANGRAM DAS,
Individual Inventor

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.

ARAVIND PARTHASARATHY,
Director, Centimetre Technologies Private Limited

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.

RYAN PINTO,
Individual Inventor

Why IPFlair for Patent Registration?

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.

Patent Registration in India