Filing a patent in India is a very complex process that requires a lot of details, as well as attention to the smallest things, and a good and complete understanding of the patent law. Thousands of applicants end up committing those kinds of mistakes, delaying them in the process as well as, in some cases, leading to the rejection of the patent application. To avoid making such mistakes and to have a smooth process, here are the top five things you should avoid while filing a patent application in India.
- Inadequate or Misrepresented Documentation
The most common error one commits while filing a patent application in India is submitting inadequate or misrepresented documentation. The patent application process requires specific descriptions, claims, drawings, and specifications. All elements must be present to avoid rejection/invalidation of an application. This is where recruiting professional patent agents and attorneys in India or even taking advice from patent consultants in India becomes very crucial.
Patent agencies in India like Intellect Bastion are well experienced at drafting detailed and exact documentation that is compliant with the needs of the Indian Patent Office. It’s good to hire patent consultants or lawyers in India like Intellect Bastion to prepare your documents as required to avoid rejections/invalidations.
- Failure to Conduct a Stringent Patent Search
Extensive patent searching is very much required before filing any patent application in India. It ensures that your invention has novelty and does not fall under any existing patents. Most applicants fail to do so, with the consequence that their applications are rejected under the head of prior art.
Patent agents in India or patent service providers in India like Intellect Bastion can be hired to conduct thorough patent searches. These patent attorneys have paid professional patent databases and are well-equipped to find similar inventions, which would contribute to the fine-tuning of your application and avoiding legal issues. Patent law firms in India work with various paid professional softwares for doing patentability searches and may also help reduce applicants’ risk of rejection.
- Delaying the Patent Filing Process
Punctuality is the essence when it comes to patent filing in India. Many inventors wait to file, thinking they can do so when the product is ready or tested. However, this can prove to be hazardous for them since someone might file a similar patent before them.
Indian Patent firms like Intellect Bastion advise applicants to file a provisional patent application early in the process to secure a filing date. By this, you establish an early priority date wherein you get the time to refine your invention while safeguarding your intellectual property rights. A final complete patent application should be filed within 12 months after provisional filing.
- Failure to consider Patentable Subject Matter
Not everything is patentable in India. It is a serious blunder to apply patents for most inventions as many inventions do not fall within the scope of patentability. For example, abstract ideas, laws of nature, or products of nature are not patentable.
It would also be wise to hire the services of patent agents or patent attorneys in India like those at Intellect Bastion to determine whether your invention falls within the category of patentable subject matter or not. Indian patent consultants and firms can examine your invention and inform you as to whether it meets the standards set by the Indian Patent Office for patentability.
- Lack of Emphasis on Patent Claims
Patent claims are legal statements that describe the legal limits of your invention and are therefore crucial determinants of patent protection strength. Many inventors file poorly drafted claims with their patent, and the patent is effectively weak and unenforceable.
Patent law firms in India, and patent lawyers in India like those at Intellect Bastion, are concerned with drafting claims that vividly describe the novelty and inventive step of the invention and help you commercialize and enforce your patent in the best possible manner. Getting along with patent firms in India like Intellect Bastion can help structure your claims accordingly so that your patent gives you robust protection against infringement.
Conclusion
Filing a patent application in India forms part of the technical, legal action-based protection of intellectual property rights. It is highly advisable to get in touch with professional patent agents, patent consultants, or even patent attorneys in India like those at Intellect Bastion for a hassle-free and result-oriented patent filing process.
Under the brand of Intellect Bastion, a leading service provider offering patent services, Indian patent professionals, you get guidance on every step in the process and provide expert advice and assistance in securing legal protection for your invention. Most of the patent companies in India like Intellect Bastion offer online patent registration with streamlined ways that take care of filing your patent applications.
