Patent registration is the process of protecting inventions, which must be new, unique, and innovative in order to be protected. By registering a patent, an individual or company acquires intellectual property rights to their invention. If your product is unique, the government will grant you full rights.
You can make, use, sell, import, and export the products or services under this license. Patents in India are governed by the Patent Act 1970 and the Patent Rules 1972.
The types of patent applications filed in India:
- In an ordinary application, the Indian Patent Office does not have any applications or references to any applications that are currently pending. It is both the priority date and the filing date that are the same for ordinary applications in terms of the priority date and filing date.
- A conventional application is one in which an inventor has already filed a patent in another country and now wishes to do the same in another country. The first filing of an Indian patent application must take place within 12 months after the first filing of the application.
- In PCT International applications, you have the option of filing your patent application in as many as 142 different countries. From the date of the international filing, it may take between 30 and 31 months for the patent to be entered and claimed in each country depending on the country.
- PCT National phase applications are to be submitted within 31 months of the date when the international phase application was filed.
The steps to apply for the patent registration online:
- Patent filing: When an inventor wants to patent an invention, they should first write down their idea or concept and follow up with some details. The best way to demonstrate how your invention works is to make sure that you create a visual representation of it in the form of diagrams that explain how it works in a more detailed way.
- Publication of patent application: Patent applications will be published in the official patent journal after they have been filed with the patent office. A patent is usually granted 18 months after the patent application is filed. It is possible for an inventor to use form 9 for early publication of their invention. The Indian Patent Act restricts the publication of patents and the patent will not be published if there are restrictions.
- Patent examination: Before the patent is granted, an examination is conducted. You need to fill out Form 18 to apply for an examination. As this is a first-come, first-served process, it should not be delayed. The patent officer reviews every condition of the application as per patent regulations and rules after it is filed.
- Report of Examination: After a thorough search has been conducted, a First Examination Report (FER) is drafted to document the results of the search.
- The grant of a patent: After all objections have been addressed by the Patent Officer, then the patent can be granted once all objections have been addressed.