A patent is the right given under the law. The Indian Act, 1970. The law grants the right to inventors or applicants when their invention( a product or process) fulfill all legal requirements, like novelty, usefulness, and non-obviousness, known as Patentability search. The patent term is around 20 years in India. In easy words, it is a barter system between the inventors and the general public.
One more term comes when we talk about the patent is Territorial right, which means it will only be valid within the country. The patent does not give the right to use the patent, but it stops others from using your patent without your permission.
Process of Obtaining Patent in India
Before you start the Process of Obtaining Patent, there are a few important things you should remember:
- Even if you are excited, don’t share your idea with anyone.
If you tell someone or make it public, your idea may no longer be considered new, and you could lose the chance to get a patent. - Always keep a diary or notebook.
Note down when the idea came to you, how you thought of it, and all the small details. This can help you prove that the idea is yours. - Work on the idea and try to make a working model or at least a clear design.
This will help you understand your invention better and explain it clearly later. - Make clear points about your invention.
Write why your idea is useful, what products already exist in the market, and how your invention is different from them, and what makes your invention unique.
Start Your Filing Procedure
Step 1: Invention Disclosure
In this step, you disclose your invention, usually under a non-disclosure agreement (NDA).
It is very important to share all the details of your invention.
Don’t hide anything, because this is the basis of your patent application.
Step 2: Patentability Search
Here, you do market research to check if your invention is eligible for a patent.
In simple words, you check whether your invention has these three qualities:
- Novelty (Is it new?)
- Non-obviousness (Is it not a simple idea?)
- Usefulness (Is it solving any problem?)
It is recommended to hire a professional for this step, as they know how to check patent databases and analyze properly.
The cost for this step is usually between ₹10,000 to ₹25,000.
Step 3: Patent Drafting
In this step, you prepare a detailed document explaining how your invention works, what its structure is, and how it is unique compared to existing inventions. This document is known as a specification, and it plays a key role in the patent process.
The specification can be provisional if your idea is still in development, or it can be a complete specification if the invention is final and ready. It is highly recommended to take help from a patent agent or professional during this step to avoid errors and to ensure that your application is strong and well-drafted.
The cost of Patent drafting in India is around 20,000 to 30,000.
Step 4: Filing a Patent Application
After drafting your application, this is the next step. Submit your application to the Indian Patent Office. You can file your application either online or offline, depending on what’s easier for you. If your invention is still under development, you can still apply by filing a provisional patent application. The cost of filing depends on the type of applicant: for individual inventors, the fee is ₹1600; for a small entity, it is ₹4000; and for others, it is ₹8000. This Patent filing process is usually quick and can be completed in one day.
Step 5: Publication of Application
After filing, your patent application is automatically published after 18 months by the Indian Patent Office. But if you want your application to be published before 18 months, you can request an early publication. Normal publication is free of cost, but early publication comes with a fee, which depends on the type of applicant: for individual inventors, the fee is ₹2500; for small entities, it is ₹6250; and for others, it is ₹12,500.
Step 6: Request for Examination (RFE)
Your patent application is not reviewed automatically. For the (RFE), you have to file a Request for Examination (RFE) using Form 18 within 48 months from the filing or priority date. Once the patent office receives this request, your application is assigned to a patent examiner who checks if your invention meets the patentability criteria. The examiner then prepares a First Examination Report (FER), which may include objections or earlier similar inventions (prior art). This whole process before the grant is called patent prosecution.
Again, the fee charges from different entities are different: Individual inventors: ₹4000, Small entity: ₹10,000, Other than small entity: ₹20,000
Step 7: Examination by Patent Office
You can also apply for expedited examination if you’re eligible, using the same form with higher fees.
After the examination, most patent applicants receive some objections in the First Examination Report (FER). The inventor should work with a patent agent to understand the report and draft a proper response. This is your chance to explain the novelty and uniqueness of your invention. The time limit is 12 months to respond. The response may include changes to the patent application or arguments proving that your invention meets all patentability requirements. If the controller is satisfied with your reply, the patent will be granted and registered with the official seal. The patent agent may charge a professional fee.
Step 8: Grant of Patent
Once it is confirmed that your application meets all the patentability requirements, it is moved forward for grant. At the end, innovators gett control over the innovation. The grant is also published in the Patent Journal, which is released regularly.
As per Section 48 of the Patents Act, once the patent is granted, you get the legal right to stop others from using, making, selling, offering to sell, or importing your invention without your permission.
After the grant, your patent agent will guide you on further steps like renewals and future communications with the patent office.
Conclusion
The patent filing process is quite long and complicated. It needs a lot of professional knowledge and accuracy at every step. Also, the process involves various costs, so proper planning of time and money is important.
Process of Obtaining Patent FAQs
Q1: How much does it cost to get a patent in India?
Ans) Fees vary based on the applicant type (individual, startup, small company, and company), claim number, and professional fee if you are hiring a patent agent’s services. Individuals and startups have government fees which are negligibly small.
Q2: Is it possible to get a software or business process patent in India?
Ans) Clean business processes and software are not patentable in India unless they produce a technical effect or closely simulate some machinery.
Q3: Under what circumstances can a patent application be granted in India?
Ans) 2–5 years based on prior art complexity of invention, workload reasonable for Patent Office, and expedited examination requested or not.
Q4: Suppose earlier application before filing for the sole purpose of attaining a patent application?
Ans) Early public disclosure before filing loses novelty, and your invention never will be patentable. Public disclose last then file always.
Q5: Do I need to have a patent agent draw up a patent application?
Ans) Yes, you might well do so yourself, but dealing with formalities and penning claims is hi-tech. It is wise that expert opinion be sought.
Q6: A complete specification and a provisional specification are how far apart from each other
Ans) Provisional specification is a printed document published prior to release and dated with date of filing but not claimed. Complete specification is the one wherein all are disclosed and delineates the line of protection in law.
Q7: Is there a foreign country patent application for the same invention?
Ans) Yes, but you must file within 12 months from the Indian filing date of claim to priority and disclose foreign filings to the Indian Patent Office.