In today’s world, where the emphasis is on shared inventions, patents act as an essential shield to keep your ideas from being copied. A patent is a legal document assigning ownership of an invention to the inventor for 20 years.
In India, patents can be obtained for a product or process invention that has to be new, non-obvious, and industrial. By consulting patent agents and patent attorneys in India, you should be able to handle the process and requirements of obtaining a patent with relative ease.
Intellect Bastion understands that patenting entails specific processes as they seek to execute them to file the patents. Our team comprises highly skilled professionals who will help you navigate all the necessary procedures for filing a patent application, thus helping you attain an appropriate design and patent registration for your invention.
Documents required for Filing a Patent application in India
List of Important documents required:
- Application Form (Form 1)
- Provisional/Complete Specification (Form 2)
- Drawings (if necessary)
- Early Publication Form (Form 9)
- Information and Undertaking (Form 3)
- Priority Document (in case of national phase applicatons)
- Declaration of Inventorship (Form 5)
- Power of Attorney (Form 26 if filed through Patent Agent)
- Patent Registration Fees (cash/cheque/demand draft)
- Many more depending on case to case.
Simple Steps to Follow for Filing a Patent Application
Step 1: Providing Invention
The first step is to show your invention to a patent professional by entering a non-disclosure agreement (NDA). Don’t forget to add all information about your invention because whatever you write in a patent application, that is what you get a patent rights on.
Step 2: Patentability Search
At this stage, the professional will search to find out if there is any similar idea to the invention that you intend to come up with on the market. This may take approximately INR 10,000 to INR 30,000 on average. They will then prepare a report with the results of their research as a document containing the report.
Step 3: Filing a Patent Application
After the search is completed, you can then choose to proceed with filing the patent application. Your invention must be new compared to existing inventions, and this difference must be truly meaningful in terms of technology or economics. This is known as having an ‘inventive step.’ The filing fees are typically INR 1,600 or INR 8,000, based on the type of applicant. If you do not appeal for early publication of your document, then your application will be published on completion of 18 months.
Step 4: Request for Examination
When applying, you need to apply for an examination with the Indian patent office. This request must be made within 48 months. The examination fee is between INR 4,000 and INR 20,000, depending on the type of applicant.
Step 5: Patent Examination
In this step, the filed patent application is examiner by the patent office for the three eligibility criteria, namely, novelty, non-obviousness and industrial applicability. If the patent application is accepted for all the aforementioned three criteria, it is granted patent certificate. A granted patent application remains active for 20 years from the filing date on payment of yearly renewal fees.
Tip: Patent drafting is one of the most important stages. If this is not done successfully, all the efforts that you have put in might go to waste. You should seek external assistance in the former.
Step 6: Grant of Patent
If all the conditions are met, your patent will be issued. It will be published in a journal with the approval of the board of directors.
Conclusion
Patent registration in India is a very complex and comprehensive process but a critical step towards safeguarding your invention. At Intellect Bastion, you will always deal with professional patent agents and consultants who are willing to make this experience seamless and improve the success rate of grants.
Starting from the search for prior art intellectual property information to the step of patent registration, we help you every step of the way. Our years of experience enable us to assist you in avoiding mistakes that may be fatal to your patent application and help you expedite and get through the complete process quickly.
Your innovative concept shouldn’t stay a dream. Protect your great idea today! Intellect Bastion is one of the best patent attorneys in India. Call us today to begin the process, and be assured that your intellectual property is with us!
