
The patent application process typically follows a series of important steps. It begins with developing and documenting the idea, followed by an optional patentability search to check if the invention is new. Then comes the drafting of the patent application, after which it is officially filed. Once filed, the application is published, examined by the patent office, and any objections raised must be addressed.
In the process of building a new thing, securing it is one of the most important steps. Imagine you’ve created a song, and it’s going viral — getting lots of views, likes, comments, and appreciation. But after a week, you see someone else using your song without asking for permission or giving you any credit. That’s when you start wondering where you went wrong. The answer lies in one simple thing: you didn’t protect your song under Intellectual Property Rights (IPR). Without proper protection, anyone can copy or misuse your creation, and you may not be able to legally stop them.
The patent application Process A Complete Guide
Getting an IPR is not that simple. You have to go through multiple stages that involve legal procedures, detailed documentation, and careful drafting. It takes time, effort, and can also be costly. Without proper legal knowledge, it’s easy to make mistakes, which might lead to your application getting rejected. That’s why many creators skip this step, but in doing so, they leave their valuable work unprotected. So, this article will give me detailed information about the Patent application process.
First need to understand that in the process of filing an application, you need to answer some questions,
- What type of patent do I need?
(Utility, design, or plant – based on the specific category your invention falls under.) - What type of patent application should I file?
(Provisional, non-provisional drafting, PCT/international application, or national application?)
- Does my invention meet all the basic patentability criteria?
Is it new (novel)? Is it non-obvious (inventive)? Is it industrially applicable (useful)? Is it clearly described in the application?
Patent Application Process Step-by-Step
If we are clear about our answers to the above questions, we can now move to and start the actual process
Invention Disclosure and Patentability search
The patent process starts with sharing your idea through something called an Invention Disclosure Form (IDF). You usually share this with a patent attorney, your company’s IP team, or through official government websites if you’re filing online. One really important thing to remember: don’t talk about your invention publicly before filing a patent. If you publish it in a paper, show it at an event, or launch it as a product, you might lose the chance to get a patent because it’s no longer considered “new.”
After you share your invention, a patentability search is done to check if it’s worth patenting. It looks at whether your idea is new, not obvious, and useful in real-world applications. It also checks if your invention is the type of thing that can be legally patented, since some ideas, like natural laws or abstract concepts, can’t be patented
Patent Drafting Process
After checking that your invention is new and patentable, the next step is to write a patent application. This is called patent drafting. It includes all the important details about your invention—what it does, how it works, and how it’s different from anything already out there. It also has claims, which are the most important part because they define exactly what parts of your invention you want legal protection for. The application usually includes a short summary, background information, a detailed description (sometimes with drawings), and the claims. Since the language needs to be very clear and legally correct, it’s usually best to get help from a patent attorney or agent. A well-written draft gives you stronger protection and a better chance of getting your patent approved.
Filing the Patent Application
When you file your patent with the Indian Patent Office (IPO), it sets your priority date, which helps secure your claim to the invention. If your idea is still a work in progress, you can go with a Provisional Specification. If it’s fully developed, a Complete Specification lets the process move straight to examination. You can file the application online, which is quicker and easier, or offline, which takes more time and effort.
Publication of Patent
A patent application is usually published 18 months after filing, but you can choose early publication by submitting Form 9. Early publication has several benefits—it speeds up the examination process, makes your invention publicly visible sooner, and gives you a competitive edge. The fee for early publication depends on the type of applicant: it’s ₹2,500 for startups and individuals, and ₹10,000 for large companies.
Examination
Now it’s time for the examination, in which examiners check for errors and find whether your product fulfills all the criteria like They check if your invention is new, non-obvious, and industrially useful. They also make sure your claims are clearly written, fully supported by the description, and that the invention is explained well
Grant of Patent
Once all objections are cleared and the examiner is satisfied, your patent is officially granted. This means your invention is now legally protected, and you have the exclusive right to make, use, sell, or license it for up to 20 years from the filing date. It also allows you to take legal action against anyone who copies or uses your invention without permission.
Patent Renewal Process
Once your patent is granted, it’s not a one-time thing—you need to pay renewal fees every year to keep it active. In India, the renewal starts from the 3rd year and continues up to the 20th year from the date of filing. If you miss a payment, your patent can lapse, and you’ll lose your exclusive rights. So, keeping track of renewal dates is important to maintain protection for your invention.
Conclusion
Whether you’re an individual inventor or a business, proper planning and attention to detail can make all the difference in securing strong legal protection for your invention. A patent application is important in the process of getting a Patent. This article gives a detailed overview of the process simply.