How to Get a Patent in India
How to Get a Patent in India
Filling for and getting a patent in India, just like in most if not all countries, is governed by law. The law governing this in India is called the Patent Act of 1970, and in accordance with it any person either singly or jointly can file for a patent in India. However only the true and first inventor of the new product can file for the patent. The application form requires one to fill in their names, address and nationality. Given a patent is both a technical and a legal document, one should probably seek expert and legal help when filling one. This article will look to delve a bit on how one can obtain a patent in India.
The first thing you need to do when looking to obtain a patent is to collect and document all the details about your invention. You are encouraged to go into as much detail as possible. These include the area of invention, description of what your invention does, how it works as well as its advantages. If you came up with the invention during research and development phase, then you will require to have what is known as lab record which should be signed and dated by you and the respective authority.
The next step is that you should ensure that you include drawings, sketches and diagrams that shed light on your invention and how it works. These should be in such a way that clearly explain the workings of your invention with the help of visual illustrations. This is a very important stage as it will go a long way in determining whether you get the patent or not.
The next step on our road to obtaining a patent in India is performing a patentability search. As per Indian law, not every invention is patentable and this step will help you discover whether your invention is one of those or if it i9s indeed patentable. According to the Indian patent act, the patentability criteria involves such things as novelty, non-obviousness, industrial application and enabling. Patent professionals will help you in coming up with a detailed explanation on patentability criteria after conducting an extensive search and formulating a patentability report. There is a detailed explanation on patentability criteria on runrex.com. The patentability report will help you gauge whether you want to press on with the patent or not. This is because this report may bring to light the fact that your idea may not be novel and could even have a patent already out for it. This report is crucial as it may end up saving you valuable time and resources.
The next step is the drafting of a patent application once you decide to press ahead with the patent. There is an option of filling a provisional application for those who may be in the infant stage in the research and development of their invention. This will not only help you in securing the filing date, but it will also give you up to 12 months to try and file complete specification as well helping you cut costs. You will secure the all-important filling date once you file the provisional application which guarantees you 12 months to come up with the complete specification. For those however who have the complete package about their invention, then you can proceed straight to filling the complete application.
The next step is the publication of the application which happens 18 months down the road after the first filling. The 18-month period however is just the maximum amount you will wait until publication, for those not looking to wait, you can make a request for early publication. Those that choose to go down the early publication route usually have to wait about a month for their patent application to be published.
The next step after publication is the examination stage. The examining of the patent application will however only happen if a request to examine it, a request for evidence (RFE) is filled. This will trigger a process where the controller will hand your patent application to patent examiner who will put your patent alongside different patentability criteria and examine it. Some of these criteria include novelty, patentable subject matter, non-obviousness, inventive step, industrial application and enabling. The examiner will then formulate an examination report in a process called patent prosecution with more on the same to be found on runrex.com.
The next step has to do with objections which will arise from the examination report. You will have to analyze the examination report and come up with a response to said objections with the help of a patent professional. It gives you an opportunity to explain the novelty of your inventions against other prior arts that may have been sighted in the examination report. With the help of the patent professional, you will have to come up with a response to the examination and send it with the aim of trying to prove to the controller that your invention is indeed patentable and it satisfies all the criteria set for patents.
After this the next step involves the clearing and resolving of all objections. This will be as a consequence of communication between you and the controller. This will only happen if you manage to prove novelty over the prior existing arts. If you can’t clear the objections, then the patent won’t be granted. Once the controller is convinced then the patent is granted to you, the patent applicant, at the earliest opportunity possible.
Finally, the final step is the granting of the patent, which will only happen if all the requirements for granting of patents are met. The grant of patent, as it is officially called, is notified in the patent journal which is usually published from time to time.
Hopefully this article has gone a long way in demystifying the process of obtaining a patent in India. For more on this topic as well as other topics, please check out runrex.com.
