Intellectual property brings with it a lot of benefits and profits to the individual or the company. The innovative strength of a company can be evaluated by analyzing its patenting activities. A patent, given by the government helps the inventor to make, use, and sell his own invention. Grant of a patent has been a complex and long process but it helps the inventor in the long run.
The complex process of filing a patent can give exclusive rights to inventors and startups. They can get a license through this. This application should be filled out properly and thoroughly. All the patent seekers should not try to fill out the application themselves instead they should get filled their applications from patent experts.
After the patent has gone through a full patentability search and the patent application has been drafted, the patent application is to be filed with the government patent authorities.
There are some forms included in this filing process that are very important and should be taken care of properly. The forms are explained below in more detail:
• Form 1- Application for a patent grant which is to be submitted to the government patent authorities. A receipt would be generated which would acknowledge the application and provide the inventor with the patent application number
• Form 2- Patent specification form (provisional or complete)- If the invention is not yet complete, the inventor can file for a provisional patent for his invention in form 2 which would generate a provisional patent. It would indicate that the patent is in its early stages. The main benefit of a provisional patent is that the inventor is able to secure a prior date for filing the patent.
Note: Provisional patent helps the inventor and provides him with 12 months to complete his invention and apply for a patent
• 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 4- Request for extension of time- If by any chance the inventor is not able to fulfill his obligations to complete the invention filed for a provisional patent, he may apply for the extension of time by filling out form 4
• Form 5- Declaration of the invention to be filed with a complete application.
• Form 9- Payment for early publication- Generally, it takes around 18 months for a patent to be published. If any inventor does not want to wait for 18 months, he can reduce the time by paying the prescribed fee by filling the form 9. Filling out form 9 would make the patent be published within one month of making such a request
• Form 18- Request for examination of a patent application- The examination of the patent application is not an automatic process, the applicant needs to make a formal request to examine their application in form 18. Then the examiner would be appointed who would be taking care of the thorough examination of the patent application before it gets published. The examiner thoroughly outlines his objections. This may add another 6-9 months to the application process.
• Form 26- Form authorizing patent agent - if the inventor wishes to opt for an agent so as to file a patent on his behalf, he can do so by filling Form 26 which prescribes the rules and regulations to do so.
• 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
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. Patents are helpful for an inventor as he is able to have his life’s work from other people claiming it to be their own.
