Detailed process of Patent Filing in India
The steps involved in filing a patent application are listed below:
Your idea must be patentable before you can begin the patent registration procedure. This implies that you must identify if another party has submitted a patent application for a similar invention to the one you're seeking.
You may now begin the patent application procedure. Form 1 of the Indian Patent Application must be completed by all Indian applicants. Form 2 patent specification must be included with every patent application. Depending on the innovation's status, you can file either a provisional or a full patent application. This implies that if you are still testing your idea, you must file a provisional patent application. You have one year to finish the idea and submit a full patent application.
Your patent application must include multiple application forms. According to the Indian process for submitting a patent, the following documents must be submitted. All relevant forms and fees may be found at http://www.ipindia.nic.in/formsandfees.html.
- Form 1 - Application for a patent
- Form 2 – Patent Specification Preparation (provisional or complete)
- Form 3 – Declaration and undertaking regarding international applications filed in accordance with section 8 (required only if a comparable patent application is filed in a foreign country)
- Form 5 – Declaration of inventor should be included with the whole application
- Form 26 - Patent agent authorization form (applicable only if you opt for an agent to help file the patent)
- Form 28 – Only required if claiming small business or startup status.
Priority Documents - Only when claiming priority from a foreign patent claim or application are priority documents necessary.
The Indian Patent Office preserves your patent application once you have submitted all required papers. The patent is published in an official patent journal around 18 months after filing. Inventors who desire to publish their patent application earlier to the expiry of this 18-month deadline may submit Form 9.
Before a patent is granted, it must undergo a substantive examination. In accordance with the laws regulating the Indian patent application procedure, your patent is extensively evaluated based on the claimed and described merits of the invention.
Once the examiner concludes that there are no objections to the patent application, he grants the patent. The patent is subsequently published in the official patent journal.
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