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Patent Application Filing Procedure-Process in India with performing patent searches (to be sure) before patent application filing. After determining the novelty of the invention, the patent application can be filed with the Indian Patent Office in any of the branches i.e. Delhi, Mumbai, Chennai or Kolkata. The patent application can be filed as a provisional application or as the non-provisional one.
Novelty Search or Patentability Search is conducted when you plan to file a Patent or in the early stages of the invention. The main idea to conduct the searches is to determine whether the Invention is patentable or not. This search is performed when an inventor is planning for applying for a patent, and wants to know Novel aspect/Uniqueness, Inventive Step and Industrial Applicability of the invention or existence of similar invention around the world.
Patent drafting is techno-legal documents that require deep technology domain knowledge and must be adhered to certain criteria and standards of the Patent Law. A patent application needs to describe an invention completely such as Title of the invention, Summary of the invention, Abstract, Specifications, Claims, Detailed description of the drawings & Conclusion. Patent Application is a document through which an inventor discloses the details of his invention in exchange for the exclusive rights awarded by the government.
Step 03: Patent Application Filing
“Patent filing” can be defined as a process of submitting an patent application in a patent office requesting grant of patent to your invention. If you wish to protect your invention in different countries, then you will have to submit a patent application in each of those jurisdictions.
There are 4 types of filing process as mentioned below
1. Filing a provisional patent application
2. Filing a complete patent application in your country
3. Filing a Patent Cooperation Treaty (PCT) application
4. Filing National Phase Entry
Step 04: Publication of Patent Application
Once the Procedure Patent Registration in India has been filed, then approximately after 18 months from the date of filing or date of priority whichever is earlier, the application is published in an official journal and is open to the public. This is a chance given to the public to raise an objection if any.
Step: 05 Request for Examination (Form 18)
This is the step where the applicant is required to file Request for examination (RFE) and request the Indian patent office to examine your patent application. Time frame to file (RFE) is 48 months from priority date. Request for examination fees ranges from INR 4,000 to INR 20,000 (based on the type of applicant).
Step 06: Responding to Office Action Objection (If any)
After filing the examination of your filed utility non-provisional patent application or National Phase of PCT Application, an assigned patent examiner will examine, review and determine novel aspect, industrial applicability of invention as per country law. If examiner finds find any defaults or reasons to reject your patent application, what he issues, called Office Action or . In the maximum cases, the first Office Action in a patent application would be centric around the claims.
Step 07: Grant of Patent
If the application meets all the requirement, then it is placed in order for the grant. Usually, the final grant of the application is notified through a journal that is published.
Step 08: Renewal of the patent Application
Usually, a patent is in force for 20 years and applicant is required to pay annuity/renewal every year to patent office. On completion of 20 years, the patent goes to public domain.