Step 1- Research about the existing patents- Patent Search
The first step is to research about a existing patents because patent can not be granted for inventions for which it has already been granted a patent. Hence, the “invention” of the product or process must be new, unique and unpatented. This also saves your time and makes the registration process a little shorter.
Step 2- Determine the patentability of the “invention”
Before filing the application for the registration of patent, one must determine the patentability of his “invention” as there are certain exceptional inventions which are not patentable. The patentability can be determined with the help of the Patents Act, 1970 as according to it every invention can be registered as a patent except mentioned under Sections 3 and 4 of the Act. Hence, if the invention falls under any of the above provisions then it is non-patentable. Also the product or process for which patent is to be filed must be a new invention which has some industrial or technical application according to the Act.
Step 3- Drafting and Filing of Patent Application
The application of patent has to be drafted in the specific manner and must include all the documents required for filing the application attached to it. The documents that need to attached with the patent application before filing it into the Indian Patent Office are-
• Application Form- It is explained under Section 7 of the Act. Form 1 is the application form available at http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_12_1/form-1.pdf is the application form for the patent. It demands general information and details about the applicant and declarations being the “true and first” inventor of the invention etc.
• Specification form- The application form (Form 1) is always accompanied with the specification form i.e. (Form 2) available at http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_13_1/form-2.pdf. This form asks about the specifications of the “invention” for which patent application is filed. There are two types of specifications and their contents are covered respectively under Section 9 and Section 10 of the Act-
Provisional Specification- It can be understood as the temporary specification as it doesn’t give complete details about the invention. Thereafter, a 12 month time is given for filing the complete specification between which the applicant can decide whether he is sure or not about the registration and wants to continue or discontinue the procedure.
Complete Specification- It is a detailed description of every minor aspect of the invention as it also explains about the scope of usage and application of the invention along with its technical details.
Form 5 available at http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_16_1/form-5.pdf must be filed along with the complete specification.
• Form 26 (Power of attorney) available at http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_38_1/form-26.pdf also needs to be attached with the application only if the patentee is taking assistance of patent agent as this form states “authorization of a patent agent”.
• Form 28 available at http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_40_1/form-28.pdf is only attached when applicant is applying for patent for a start up or small entity.
PCT Application- In case of international registration of patent, the application must be filed within 12 months of filing application in India. But before filing the foreign application under Patent Cooperation Treaty certain information and undertaking must be taken as given under Section 8 of the Act and the Form 3 available at http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_14_1/form-3.pdf provide for the same.
The patent application can be either filed by the physical mode or online mode. Through physical mode it must be submitted in patent offices wherever it is located. Online application maybe submitted at http://www.ipindiaonline.gov.in/online.
Step 4- Publication of Patent Application
The patent application gets published after 18 months of filing the application or priority date (whichever is earlier). Applicant can also request for early publication i.e. within one month through Form 9 and payment of prescribed amount of fee.
Step 5- Examination of Patent Application
Examination of patent application takes place on the request of the applicant through Form 18 or Form 18A after which examiner prepares a report known as First Examination Report by examining the application that it is according to the prescribed rules and provisions of the Patents Act, 1970 or not. If there is any objection in the application then it needs to be addressed within 6 months from the report which can be further extended by 3 months by filing of Form 4. This is not the compulsory step.
Step 6- Grant of Patent Certificate
After the fulfilment of all the requirements as laid down by the Patent Act, an order of grant of patent is passed , published in the patent journal and a Letters Patent is issued.
Step 7- Renewal of Patent
Once the patent is granted then it need to be renewed from 3rd year after the payment of renewal fee is given under Schedule 1 available at http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_11_1/Fees.pdf for a maximum period of 20 years.