A Patent registration gives an inventor of a particular thing, the exclusive right to make, use and sell his or her creation for a specified period of time. It grants statutory rights for a limited period of time to the patentee by the Government for an invention. The basic idea of this system is to encourage the inventors to safeguard their own creations.
Steps to complete your Patent Registration
- Patent Search
Before you begin the patent registration process, you need to check if your invention is patentable. This means that you need to check if another individual has filed a patent for a similar technology for which you are filing. Performing an in-depth patentability search helps you understand whether or not you have a chance of getting a patent.
- Draft the patent application
You can choose between a provisional and complete patent application, based on the stage of invention. This means that if you are still testing your invention, you need to apply for a provisional patent application. You get a period of 12 months to complete the invention and file for a complete patent. There are 6 different kinds of application namely- Ordinary application, PCT National phase application, PCT International application, Convention application, Divisional application and Patent of addition application.
- Filing the patent application:
You must submit your patent application along with several application forms. As per the patent filing procedure in India, you need to submit all of the mandatory forms specifically Form 1, Form 2, Form 3, Form 5, Form 26, Form 28 and other priority documents. Links to all forms and an applicable fee is available in ipindia.nic.in website.
- Publishing the patent application
After you submit all the documents, your patent application will be secured by the Indian Patent Office. Subsequently after a period of 18 months, your patent will be published in an official patent Journal . However, inventors who wish to have their patent application published before this 18 month period can submit Form 9, in which case, the application will be published in the official patent journal within 1 month of making the request.
- Examination
Once you file a request for examination, your application will be sent for examination. Additionally, in case of a national phase application the application will be taken up for examination only after the expiry of 31 months’ period from the priority date.
- First Examination Report
Once examination begins, the Controller issues a First Examination Report (FER). A response to the FER should be submitted within 6 months from the date of issuance of FER. An extension of 3 months is available to submit the response. Failure to submit the response within said time limit shall result in abandonment of the application. The Indian Patent Office offers a hearing to the applicant after the response to the FER has been filed, to address any pending objections. It is therefore advisable to file the response to the FER at the earliest so as to leave sufficient time for such a hearing. The application is placed in order for grant after all objections are addressed.
- Grant
After the patent has been granted, the patentee is required to pay a renewal fee every year. This renewal fee is applicable from the third year onwards. However, the renewal fee is payable only after the grant of the patent.
FAQs
Yes. All the patent applications are kept secret upto 18 months from the date of filing or priority date whichever is earlier. After its publication, public can inspect the documents and also may take the photocopy thereof on payment of the fee as prescribed.
A patentee enjoys the exclusive right to make and use the patented invention. The patentee has the right to assign the patent, grant licences, or otherwise deal with the patent, for any consideration.
The Patent office Journal contains information relating to patent applications, post grant publication, restoration of patent, notifications, list of non- working patents and public notices issued by the Patent Office.