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How to get Patent Registration in India?

Patent Registration in India
The overall patent registration process requires a series of steps. Followed these steps to acquire a patent registration in India. Moreover, this article includes the registration process, fees, checking patentability, duration and much more about the Patent Registration in India. Below is a list of included sections:
  • 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

Before filing a patent registration in India, a detailed Patentability Search can be performed. This search helps determine the availability of the patent. However, it is not a mandatory step.

Patent Application Drafting

  1. After the search is complete, the next step requires preparation of application in Form 1.
  2. 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.
  3. 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

The patent application filed with the Indian Patent Office and published in the official patent journal. Usually, the publication happens after 18 months from the application filing date. In the case of earlier publishing of the patent, an applicant can make an application using Form 9 for early publication. In case of restriction by the Indian Patent Act to the publishing of the Patent, the patent will not be published in the journal.

Examining of Patent Application

Before the final grant of a patent, every application filed for protection is examined. It uses form 18 for the examination. Sooner the application is made the earlier the application is examined. On the filing of the application, it is transferred to the patent officer for examining the rules and regulation of the act have been followed. The office conducts a thorough search to analyze the relevant innovation in-depth and communicate the objections if any. In this case, the generated report is the First Examination Report – FER.

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.

Explanation

When a start-up ceases to be a start-up after having filed an application for patent due to lapse of 5 or more years from the date of its incorporation or registration. Also in the case of turnover subsequently crosses the defined financial limit no such difference in the scale of the fees is payable.
  • 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.

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