A patent is an intangible asset that conveys to the world and protects from it, a new invention that can make the lives of people easier. It also helps in contributing to the inventor’s own growth. Intellectual property brings with it a lot of benefits and profits to the individual or the company.
Thumb Rule: Before the process of filing an application for a patent, it is to be noted that any person with an idea or invention should not disclose it in public before getting it patented, or else the patent would lose its novelty.
Inventors can apply for a patent in 2 ways:
- They can file for a patent on their own
- They can take the help of a patent filing professional/ agency
Since the process of filing a patent is very long and complex, many people prefer to opt for filing the patent with the help of a patent filing firm or an agency. These firms charge a fee for such service and can complete all the legalities and formalities on your behalf. It is also advised that before disclosing the inventions, we should make the agencies sign a non-disclosure agreement(NDA) so that there may not be any objections.
Steps for filing a patent:
Step 1: Check if your invention is patentable.
Before applying for the patent, you should check whether your idea/invention has already been patented with a similar technology. Having deep-thought research would help the inventor understand whether they may apply for the patent or not.
Step 2: Draft a patent application.
If the idea has not yet been patented, you can proceed further. Indian applicants are required to fill out form 1. For every patent, the applicant needs to fill out Form 2- patent specification. You can choose between having a provisional or a complete patent application. If you have a provisional patent application, you get 12 months to complete your invention and file for the patent. You need to be diligent and careful while drafting your application. The application should involve clauses regarding the usability and outcome of the invention.
Step 3: Filing the patent application.
Any patent application should include a variety of forms which include-
- Form 1- Application for patent grant
- Form 2- Patent specification form (provisional or complete)
- Form 3- Undertaking and statement with regard to foreign applications under section 8 (compulsory in case of filing a patent application in a foreign country)
- Form 5- Declaration of the invention to be filed with complete application
- Form 26- Form authorizing patent agent (if the inventor opts for an agent)
- Form 28- If the inventor is claiming a small entity or startup status
- Priority Documents- Documents necessary for priority on foreign patent claims or application
Step 4: Publishing the patent application.
After app the documents have been submitted, the application is safely secured by the Indian Patent Office. The patent is then published in the official patent journal after approximately 18 months. If any individual wishes to have their invention published in the journal before the time specified, they can do so by submitting form 9
Step 5: Examining the patent application
Before the patent is granted to the inventor, the invention as well as the patent is to be examined thoroughly. As per the rules of the patent application process, the patents must be thoroughly analyzed and examined based on the merits of the invention as claimed and described in the patent specification form. The examination of the patent application is not an automatic process, the applicant needs to make a request to examine their application in form 18. The application is examined only after a formal request is made by the applicant in form 18. The examiner also needs to take care of certain precautions as stated below-
- The Patent Act and accompanying regulations are examined when the request reaches the examiner's desk. To ensure the innovation meets the requirements for patentability, the patent examiner looks for comparable technology.
- A first examination report (FER), which includes the grounds for any objections, is submitted after the application has been reviewed.
- The examiner thoroughly outlines his objections. This may add another 6 to 9 months to the application process.
- Keep in mind that examiner objections to patents are rather typical.
- The inventor may submit Form 4 to request an extension of time if he or she needs to modify their objection.
Step 6: Decision to grant patent
If the examiner cannot find any objections in the patent application, he grants the patent. The patent is then published in the official patent gazette.
Step 7: Renewing the patent
The patent holder has to renew his patent by paying annual renewal fees. As per Indian patent rules, a patent can be renewed for a possible period of 20 years maximum, from the date on which it was first filed
The patent application process is a long and complex process, the entire process can take up to 3-5 years. But one should be able to recognize its importance in the long run. The Indian patent office is hiring new examiners and upgrading their offices so that they are able to dispose of patent applications quickly and in a better fashion. The entire process was made with the intention that the inventor should be able to take credit for his invention and it ensures that no one is able to claim their invention as their own.
