- Check Invention Patentability through Patentability Search
- Patent Application Drafting
- Filing Patent Application in India
- Publishing Patent Application
- Patent Application Examination
- Grant of Patent
- Rules to follow during the patent application filing
Check Invention Patentability through Patentability Search
Patent Application Drafting
- After the search is complete, the next step requires preparation of application in Form 1.
- A patent specification has to be accompanied with each application. Next step is the preparation of Form 2. It should provide the complete or provisional specification depending upon the status of the invention (partially completed or completed). For filing a provisional application, 12 months duration is provided for invention finalization and to file the complete application.
- Finally, the application is submitted along with the patent draft. However, the patent draft helps in granting of the patent.
The procedure of Patent Application Filing in India
|No||Stages of the Patent Registration Process in India||Form No.|
|1.||Application for grant of patent||Form 1|
|2.||Provisional/complete specification||Form 2|
|3.||Statement and undertaking under section 8 (in case a patent application is already filed in the country other than India)||Form 3|
|4.||Declaration as to inventorship||Form 5|
|5.||Forms submitted by start-ups & small entities.||Form 28|
Publication of Patent Application
Examining of Patent Application
Grant of Patent
The involved officers grant the patent on the resolution of the raised objections.
Rules for filing the patent application
- Firstly, the applicable fee with reference to the grant of patents and application. The First Schedule specifies the payable fees required for Patent Filing.
- An additional 10% fees are applicable to physical documentation filing.
- One can pay in cash, electronically or through bank draft or banker’s cheque. The Controller of the Patents receives the payment. At the office location and in a scheduled bank. In case of a draft or banker’s cheque sent by post, the fees shall be deemed to have been paid on the date of receipt of the draft or banker’s cheque by the Controller.
- The entire fee shall be accompanied by the required document in case of fee payable with a document.
- For transferring application from one natural person to another, the difference amount and the request to transfer shall be made by the new applicant.
- In case of an application filed by a start-up for fully or partly transferred to any person other than a natural person or a start-up. However, the difference in fees shall be borne by the start-up or such person to receiving the transfer.
- However, the fees are not non-refundable irrespective of the status of the proceeding.
As an exception, fees shall be refundable in case of online double payment. However, it is possible to the satisfaction of the Controller. That too during the online filing process or patent registration process in India.
- A refund initiated in case an applicant withdraws his request for examination before issuing the first objection statement. Moreover, this refund is possible only to the extent prescribed in the First Schedule.
- Any person may make an advance deposit and request the Controller to utilize the same for any fee payable.
- Any person may discontinue the deposit of money in advance on approval by the Controller, refunding the balance amount of such applicants.
To summarize, we have to put across the most important points needed for the registration of a Patent in India. Moreover, you can easily prepare for your patent registration. However, for the patent registration process in India, you should connect with an expert for the right procedure.