Filing a patent in India: Step-by-step instructions

The Indian patent is an exclusive right granted by the government to the inventor to exclude others from using, making, and selling their invention for a limited period of time. Additionally, a patent can also be applied for if an improvement has been made in the previous invention.

The steps to file a patent in India are as follows:

Step 1: Coming up with the idea for your invention

This is the first step an inventor must take in order to proceed with an invention. Information collection should be done as thoroughly as possible. It is imperative that the inventor considers the following questions: what is the field of the invention, what are the advantages, and how will it improve existing solutions? All inventions are not patentable. Patents Act Section 3 specifies the types of subject matter that are not patentable. As a result, when conceiving an invention, the inventor must be certain that it is not classified as one of those that cannot be patented.

Step 2: Conducting a patent search and drafting a patent

A patentability search must be conducted after the inventor has clarified the invention. This is important since it will help determine whether the invention is novel. According to the Patents Act, every invention must satisfy the novelty criterion. A patentability report can be formulated after conducting an extensive search and forming a patentability opinion.

Step 3- Submitting a patent application

Here is where the actual process begins. Following the drafting of the patent application, this can be filed in the government patent office using the form in Form 1. With the patent application number, a receipt would be generated. In the event that the invention is at an early stage, one can also file a provisional patent application under Form 2. With a provisional application, one can secure a prior date of filing, which is crucial for patent applications. Patent applicants have 12 months to submit a complete specification. Start-ups and small entities must file patent applications using Form 28.

Step 4: Publication of the Application

Upon filing an application with a complete specification, the application is published after 18 months from the date it was filed after the specification is filed. No special equipment is required in order to take advantage of this service. The applicant may submit Form 9 along with prescribed fees if he or she does not wish to wait until the expiration of 18 months.

Step 5:  Submit a request for examination

In contrast to publication, examination is not an automatic process, and the applicant must request that the patent office examine the application. Form 18 must be submitted within 48 months of the date the application was filed. As a result, the controller sends the application to a patent examiner who examines it according to the patentability criteria, which include novelty, non-obviousness, inventive step, and ability to be industrially applicable, providing the applicant with a First Examination Report (FER)

Step 6- Address the objections

Through the First Examination Report, the applicant must respond to the patent office’s objection. It is the applicant’s responsibility to respond in writing to the objections raised in the examination report that appears in the examination report. There is the option of proving the patentability of the invention and this can be done by attempting to negate the entire objection being raised. You can also request a physical hearing or a video conference, depending on the circumstances of the case.

Step 7- Patent issuance

Once all objections have been addressed, the application would be placed for a grant once it has been determined that all patentability requirements have been met, and finally, the patent would be granted to the applicant once it does meet all the requirements. Patents are granted in accordance with the patent journal that is published periodically and which notifies the grant of the patent.