These are the steps you need to take to get patent registration in India
Step 1: Patent Search
Conducting a patent search is the first step before you file for your patent registration application in India. It’s the most important step as without which one should never file a patent application. This step clarifies that no other similar patent application exists, and the invention is novel.
Step 2: Patent Drafting
A patent is a techno-legal document. It is usually drafted in two parts. Except when filed as a PTC/Convention application in which a complete specification must be filed straight away.
Provisional specification- this gives a very brief about the invention. Basically, it is filed to secure a priority date.
Complete specification- this document has a detailed description of the invention with its technical drawings and has all the claims that are claimed by the inventor.
Step 3: Patent Application Filing
After the drafting is completed, the application is ready to be filed with the patent office. It is very important that the applicant files the application under the appropriate jurisdiction.
A patent can be filed in India as:
- Provisional application
- Complete specification
- PCT application
- Conventional application
- National phase application
The documents that are needed for filing a patent registration application in India are:
- Declaration as to inventorship
- Statement and undertaking
- Proof of right to make an application
- The authorization of an agent
Step 4: Publication of patent application and pre-grant opposition
The patent application is published after 18 months from the date of filing of the priority application. After publication of the application, people can access the filed application. In case anyone wants to oppose the patent from being registered they can do so. It has to be filed within six months from the date of publication of the Patent application.
Step 5: Examination
Patent examination is not automatic in India, it is initiated after receiving the Request for Examination (RFE). The controller transfers the patent application to the patent examiner. The patent examiner examines the patent application and prepares the examination report based on its patentability. It can be filed by an applicant or any third party can file a request for examination within 48 months from the date of filing of the patent application; in case of a national phase application /PCT international application entering India, it is filed before the expiry of 31 months.
Step 6: Reply to the examination report
If the examiner finds any similar prior patent applications, he will file an examination report specifying the details. In case a third party opposes the patent application the applicant must reply to the examination report or opposition within 12 months from the date of issue of the first examination report.
Step 7: Grant of a Patent
After all objections to the examination report have been compiled and the examiner is satisfied with the reply of an applicant, the application is granted. However, if the examiner is not satisfied with the reply and arguments of an applicant, then he/she can reject the application.