Patent Filing Procedure

Patent laws in India are governed by the Indian Patent Act, 1970, which deals with the registration, renewal, transfer and protection of patent rights in India. For an invention to be patent-able, it must be novel, have an inventive step and display industrial applicability. In this article, we look at patent registration procedure in India.

Patent Search

Prior to registration of any intellectual property right like trademark registration or design registration or patent registration, it is advisable to conduct a search of the public database. A patent search will help the Inventor or Patent Attorney determine the novelty of the patent and its obviousness. Also, a patent search will help discover inventions that are already registered, helping the inventor better draft the patent application or extend the scope of innovation to distinguish from existing inventions.

Patent Filing

Once a patent search is completed, the patent application must be drafted by the inventor or a patent attorney. The patent application must specification, a legal document with scientific information constituting patent rights. Specifications play a major role in the patent application process and must be drafted by an experienced patent attorney. The details of the invention must be clearly mentioned along with various features in the invention. Patent specification are of two types, provisional specification and complete specification:

Provisional Specification

A provisional specification can be filed by an Inventor when the invention has reached a presentable form but not the final share. A provisional specification helps to establish the priority of the Inventor over any other person who is likely to file an application for the same invention. On filing a provisional specification, the patent office provides a patent filing date for the invention. From the date of filing provision specification, the inventor has 12 months to fully develop the invention and submit the complete specification. Provisional specifications are first filed for patent applications and mostly contain a brief description of the invention, without any claims.

Complete Specification

After filing a provisional specification and obtaining patent filing date, a complete specification must be filed within 12 months. Any patent application for which complete specification is not filed, will be considered abandoned. Compete specification must contain title, preamble of invention, name, address and nationality of the applicant, field of invention, use of invention, prior art, problem to be solved, objectives of invention, general statement of invention, full description of the invention, best method of making the invention work, statement of claims, drawings and abstract. It is important that an experience patent attorney prepare the complete specification, to avoid any errors.

Patent Publication

After the filing of patent application, if the application is acceptable, the patent application is published in the patent journal. Patent applications will not be published for 18 months from the date of filing of the application of from the date of priority of the application, whichever is earlier. However, if the patent applicant wishes to speedup the process, Form-9 can be filed to request for publication at the earliest.

Patent Examination

After patent publication, a request for patent examination must be filed within 48 months of date of filing patent application or date of priority of the application, whichever is earlier. On request for examination, the patent application will be taken up by an Examiner. The Patent examiner will determine if the patent application satisfies the novelty, inventive step and other criteria established for granting patent registration. In case of objections, the same will be raised by the Patent Examiner in the First Examination Report. Response to objection raised in the First Examination Report can be filed within 12 months by the patent applicant.

Patent Registration

On submission of a response to a First Examination Report, if the Examiner is satisfied that all criteria for grant of patent is satisfied, patent registration is granted. The term of validity of patent will be 20 years from the date of filing of the patent application.

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Frequently Asked Questions

Common questions about Patent Filing Procedure.

The patent filing procedure in India involves conducting a patent search to determine the novelty of the invention, followed by filing a provisional specification to establish priority. Within 12 months, a complete specification must be filed, providing detailed information about the invention. The application is then published, examined, and if found eligible, the patent is granted for a period of 20 years from the filing date.

A provisional specification is a preliminary filing that allows the inventor to establish the priority date for their invention. It can be filed when the invention is in a presentable form but not yet finalized. The provisional specification typically contains a brief description of the invention without any claims.

A complete specification is a crucial document that must be filed within 12 months of filing the provisional specification. It provides a detailed description of the invention, including the title, field of invention, prior art, objectives, statement of claims, drawings, and an abstract. The complete specification plays a significant role in determining the scope of the patent.

A patent application is typically published in the patent journal 18 months after the filing date or the date of priority, whichever is earlier. However, the applicant can request early publication by filing Form-9 to expedite the process.

The patent examiner is responsible for evaluating the patent application to determine if it meets the criteria for patentability, such as novelty, inventive step, and industrial applicability. The examiner may raise objections in the First Examination Report, which the applicant must address within a specified time frame.

A patent granted in India is valid for a period of 20 years from the date of filing the patent application.

Although not mandatory, it is highly advisable to conduct a patent search before filing a patent application. A patent search helps determine the novelty of the invention, avoid potential conflicts with existing patents, and better draft the patent application.

Yes, a provisional specification can be filed without a complete specification. However, a complete specification must be filed within 12 months of the provisional specification filing date to prevent the application from being considered abandoned.

If the patent examiner raises objections in the First Examination Report, the applicant has 12 months to file a response addressing the objections. If the examiner is satisfied with the response, the patent may be granted; otherwise, further communication may be required.

Yes, a patent application can be expedited by requesting early publication through Form-9. This allows the application to be published before the 18-month period, potentially speeding up the examination process.