Patent registration in India is governed by Indian Patent Act, 1970. It deals with patent registration, patent renewal, patent transfer, and protection of patent rights in India. An invention can be patented only if it is novel, has an inventive step, and has industrial applicability. In this article, we will know Patent Filing Procedure in India.
Before making application for patent registration of inventions, it’s always advisable to conduct a search of the public database. A patent search helps the inventor or patent attorney determine the novelty and obviousness of the patent. Patent search helps also in discovering the patent which is already registered. Patent search helps the inventor or patent attorney in better drafting of patent application or extend the scope of innovation to distinguish it from existing inventions.
After doing patent search, if we find that our invention has passed all preliminary tests of being patentable invention, we proceed further to make application for patent registration of Invention. Patent application must have specification. Specification is a legal document with scientific information. Specification lays down detailed workings, formula of invention. Specification plays a very important role that’s it is always advisable to get specification written down by experienced patent lawyer or company secretary.
Patent Specification is of two types:
A provisional specification is filed by inventor when the invention has not completed but reached a presentable stage. A provisional specification helps inventor to claims priority over any other person who is likely to file application for same invention. On filing provisional specification, the inventor is given date of filing provisional specification. From the date of provisional specification, the inventor is given 12 months time to complete the invention and file complete specification.
Complete specification must be filed within 12 months from the date of provisional specification. If complete specification is not filed within 12 months, the patent application is considered as abandoned. Complete Specification must have title, preamble of invention, name, address, and nationality of the applicant, field of invention, full description of the invention, best method of making the invention work, statement of claims, drawings, and abstract. It is always advisable that complete specification must be prepared by experienced patent attorney or company secretary.
After the filing the patent application, if the patent application is found to be acceptable, its published in Patent Journal. But Patent application is not published for 18 months form the date of ilng of apatent application or from the date of priority of the application, whichever is earlier. The inventor wants to speed up the process, he can file Form-9 to request to publish the application at earliest.
After patent publication, a request for patent examination must be made within 48 months of date of filing patent application or date of priority of the application, whichever is earlier. On the request of examination, the patent application is taken up by an examiner. The patent examiner determines if the patent application satisfies novelty, inventive step, industrial applicability and other criteria required to be met for granting patent registration. If examiner makes any objection, he writes down objections in first examination report. Inventor has to file reply within 12 months of date of issue of first examination report.
When inventor submits response to first examination report, the examiner if he is satisfied that all criteria for grant of patent registration has been met, he will grant patent registration. The term of validity of patent is 20 years from the date of filing patent application, and after that invention comes in public domain and is available to be used by public freely.