The patent registration process can seem complex, but it’s a crucial step for protecting intellectual property. A patent provides a 20-year exclusive right to an invention, giving a competitive edge. This guide breaks down the updated three-step process for patent filing in India, with a focus on timelines and essential documents.
Step 1: Patent Searching 🔍
Before an application is filed, a thorough patentability search is essential. This step, also known as a prior art search, is a strategic investigation to determine if an invention is truly novel, non-obvious, and has practical industrial application. While optional, it is highly recommended to prevent potential objections and save time and money later in the process. Many inventors seek the help of patent agents or patent attorneys for this critical step. To learn more about this stage, read our in-depth guide on The Importance of a Prior Art Search.
- Timeline: This process typically takes approximately 15 days.
- Importance of the Search:
- Saves Costs: It helps avoid investing in a lengthy and expensive application process for an invention that may not be patentable.
- Informs Strategy: The search results help in understanding the existing technology, allowing for the refinement of claims and the definition of the scope of the invention more effectively.
- Minimizes Objections: It allows for the anticipation of potential objections from the patent office and for addressing them proactively in the application.
- Documents Required: A detailed description of the invention’s concept, its functionality, and any unique features.
Step 2: Patent Preparation & Filing 📝
Once an applicant is confident in the invention’s novelty, the next phase is to prepare and file the patent application. This requires careful drafting of a techno-legal document that accurately and comprehensively describes the invention. This stage is often handled by professional patent filing companies and patent firms to ensure a high-quality submission. The entire process of patent filing in India can be a streamlined process with expert guidance.
- Timeline: The preparation of the complete application typically takes 2-3 weeks.
- Key Documents:
- IDF (Invention Disclosure Form): A document detailing the invention.
- MSME/Startup India Certificate: If filing as an MSME or a registered startup, this certificate allows for reduced filing fees.
- Priority Documents: (If claiming priority from an earlier foreign application).
Accelerating the Process: Early Publication & Expedited Examination
To fast-track the patent grant, two mechanisms can be utilized:
- Early Publication: Normally, an application is published after 18 months. By filing Form 9, a request for early publication can be made, which typically happens within one month from the request date.
- Expedited Examination: This option is available to startups and small entities. It significantly reduces the examination timeline, potentially leading to a grant much faster than the standard process.
Step 3: Patent Examination & Grant ✅
This final stage involves the official review of the application by a patent examiner. Navigating this stage requires a strategic approach, often with the assistance of a patent attorney or patent consultant.
Timeline
- The entire examination and grant process can take 1-3 years, but this can be reduced with expedited examination.
- Request for Examination: Form 18 must be filed to request an examination within 31 months from the priority date.
Examination Process
- First Examination Report (FER): The examiner will issue an FER with objections. A comprehensive response to this report must be prepared and filed within 6 months of its receipt.
- Second Examination Report: In some cases, if a response to the FER is not fully satisfactory, a second examination report may be issued before a hearing. A response to this report must also be filed.
- Hearing: If objections persist after the written responses, a hearing must be attended to present the case. Following the hearing, a set of written submissions must be filed within 15 days.
- Grant of Patent: Once all objections are successfully resolved, the patent will be granted, and a patent certificate will be received. The patent is valid for 20 years from the date of filing.
How Intellect Bastion Can Help
Intellect Bastion, a company specializing in intellectual property services, can assist innovators and businesses throughout the patent registration process. By leveraging its expertise, clients can navigate the complexities of the process and increase their chances of a successful patent grant. As one of the premier patent filing companies, patent agencies, and patent firms, Intellect Bastion offers comprehensive support.
Intellect Bastion provides professional guidance for every step, ensuring the patent filing in India is seamless. The company’s team of experienced patent attorneys and patent consultants can help with everything from conducting in-depth patentability searches to drafting the technical and legal components of the application. For a complete list of how we can support you, please visit our Services page.
By entrusting the process to a professional service provider like Intellect Bastion, applicants can focus on their innovation while ensuring all legal and procedural requirements are met effectively.
Contact Details:
- Website: To learn more about our services, visit our website: www.intellectbastion.com.
- Contact Number: You can reach us at: +91 9977007307.
- Email: For any inquiries, feel free to write to us at: help@intellectbastion.com.
