Author- Preethika Vijaykumar
Patent filing in India is similar to a patent filing in other countries, but it follows the specific laws and procedures of the Indian Patent Office. The patent filing process in India involves submitting a patent application to the Indian Patent Office to obtain legal protection for an invention in India. The patent application should include a detailed description of the invention, claims, and drawings. The Indian Patent Office examines the patent application to ensure that it meets the requirements of patentability. If the patent application is found to be in order, it is published in the Indian Patent Office journal, which opens a window for third-party opposition to the patent application. If no opposition is filed or if the opposition is unsuccessful, the patent is granted by the Indian Patent Office. The patent owner has exclusive rights to make, use, and sell the invention in India for a certain period, typically 20 years from the filing date.
Patent Search: The patent search is a crucial step in the patent filing process as it helps to determine the novelty and inventiveness of the invention. The search can be conducted by the inventor or their patent attorney or agent. They can use various search engines such as the Indian Patent Office database, the WIPO database, and the USPTO database to identify existing patents and published applications that may affect the patentability of the invention.
Patent Drafting: The patent drafting process involves preparing a detailed patent specification that fully and accurately describes the invention. The patent specification typically consists of a description of the invention, claims, and drawings. The description should be clear and concise and should enable a person skilled in the relevant field to understand the invention. The claims define the scope of the invention, and the drawings provide visual representations of the invention.
Filing the Patent Application: The patent application can be filed either online or in person with the Indian Patent Office. The application should include the inventor’s or applicant’s details, the title of the invention, a description of the invention, drawings, and claims. A provisional application can be filed if the invention is not yet fully developed, and a complete specification can be filed later. It is important to ensure that all formal requirements such as fees and forms are properly met while filing the application.
Examination: Once the patent application is filed, it is examined by a patent examiner to ensure that it meets the requirements for patentability. The examination process involves checking for novelty, non-obviousness, and industrial applicability of the invention. The examiner may raise objections or request amendments to the application. The applicant should respond to the objections within the specified period to ensure a smooth prosecution process.
Publication: If the patent application is found to be in order, it is published in the Indian Patent Office journal, which is available online. The publication serves as a public disclosure of the invention and opens a window for third-party opposition to the patent application within a specific period.
Opposition: After the publication, any interested party can file an opposition to the patent application within a certain period. The opposition can be filed on various grounds such as lack of novelty, non-patentability, or lack of inventive steps. The patent applicant may respond to the opposition and argue for the patentability of the invention. If the opposition is successful, the patent application may be rejected or accepted with amendments.
Grant: If no opposition is filed or if the opposition is unsuccessful, the patent is granted by the Indian Patent Office. The patent owner has exclusive rights to make, use, and sell the invention in India for a certain period, typically 20 years from the filing date. The patent owner may also license or assign the patent to others.
Documents required for filing:
Patent Application Form: The patent application form is a standard form that provides basic information about the applicant, the inventor, and the invention. The form requires details such as the name and address of the applicant and inventor, the title of the invention, and the field of technology to which the invention relates.
Patent Specification: The patent specification is the most important document in the patent filing process. It describes the invention in detail and provides a clear understanding of how the invention works. The patent specification consists of a title, abstract, description, and claims. The description should be sufficiently clear and complete to enable a person skilled in the art to understand the invention and put it into practice. The claims define the scope of the invention for which patent protection is sought.
Drawings: Drawings are often included in the patent specification to help illustrate the invention and provide a better understanding of the invention. The drawings should be clear and concise and should be numbered and labeled appropriately.
Abstract: The abstract is a summary of the invention and is usually limited to 150 words. The abstract should provide a clear understanding of the technical features of the invention and its advantages.
Power of Attorney: A power of attorney is a legal document that authorizes a patent agent or attorney to represent the applicant in the patent filing process. The power of attorney should be signed by the applicant and notarized.
Priority Document (if applicable): If the applicant has filed a patent application for the same invention in another country, a certified copy of the priority document must be submitted. The priority document establishes the priority date of the invention, which is the date on which the first patent application for the invention was filed.
Proof of Right to File (if applicable): If the applicant is not the inventor, proof of right to file must be submitted. This may include an assignment or employment agreement that establishes the applicant’s right to file the patent application.
Declaration/Statement of Inventor-ship (if applicable): If there are multiple inventors, a declaration or statement of inventor-ship is required to identify the inventors and their contribution to the invention. The declaration should be signed by all the inventors and notarised.
It is important to ensure that all the necessary documents are properly prepared and filed with the Indian Patent Office. Working with a qualified patent attorney or agent can help ensure that the patent filing process is carried out smoothly and efficiently.
Cost:
The cost of patent filing in India depends on various factors, including the type of patent application, the nature of the invention, and the number of claims included in the patent application. Here is a general breakdown of the costs involved in a patent filing in India:
Patent search: Before filing a patent application, it is recommended to conduct a patent search to determine the novelty and inventiveness of the invention. The cost of a patent search in India can range from INR 5,000 to INR 20,000 or more, depending on the complexity of the search.
Drafting and filing: The cost of drafting and filing a patent application in India can vary widely depending on the complexity of the invention and the number of claims included in the application. Generally, the cost of drafting and filing a patent application in India can range from INR 15,000 to INR 50,000 or more.
Examination: Once the patent application is filed, it undergoes examination by the Indian Patent Office. The cost of examination of a patent application in India is INR 4,000 for individuals and small entities, and INR 8,000 for other entities.
Publication: If the patent application is found to be in order, it is published in the Indian Patent Office journal. The cost of publication of a patent application in India is INR 2,000.
Grant: If the patent application is found to be novel and inventive, it is granted by the Indian Patent Office. The cost of a grant of a patent in India is INR 12,000 for individuals and small entities, and INR 24,000 for other entities.
It is important to note that the cost of patent filing in India may vary depending on various factors, and the above-mentioned costs are just an estimate. It is advisable to work with a qualified patent attorney or agent to get a better estimate of the costs involved in a patent filing in India.
Conclusion:
To conclude, patent filing in India is a complex process that requires careful consideration and attention to detail. The patent application should include a detailed description of the invention, claims, and drawings, and should meet the requirements of patentability. The patent filing process involves various stages such as examination, publication, opposition, and grant. It is crucial to conduct a thorough patent search and ensure that all formal requirements are met while filing the patent application. Obtaining a patent in India provides exclusive rights to the patent owner to make, use, and sell the invention for a certain period, typically 20 years from the filing date. it is important to note that the patent system in India is constantly evolving, and it is essential to stay updated with the latest regulations and laws. In recent years, India has made significant progress in strengthening its patent system to attract more foreign investments and encourage innovation. Therefore, if you have an invention that is novel, non-obvious, and has industrial applicability, filing for a patent in India can be a wise decision to protect your intellectual property and gain a competitive advantage in the market.
