Patent Registration Process

 

    

     PATENT REGISTRATION PROCESS

 

Patent registration have following stages from search patent availability to its registration:-

 

1. Disclosure of Invention & Signing of Non-disclosure Agreement.

 

It’s very important & initial phase when you disclose your invention to the patent professional. Here you should submit each know fact about your invention, description and experimental result (if any). You can also sign a Non-disclosure agreement.

 

2.     Search for Patent Availability.

 

In this stage, it is searched by patent professional all possible availability in databases for patent, articles etc and build a report on possibilities of invention.

 

3.     Decision to file application.

 

On the basis of above patent search report & discovery about closest prior for your invention, you can take a decision whether to go ahead with patent application filing. Your invention should have either technical advance or economic significance or both to be patented.

 

4.     Drafting of Patent or specification about invention.

When you decide to go ahead with filing for patent application then next stage is drafting of specification of invention. Sometimes inventor can write on their own writes from completely technical perspective. It also involved legal aspect, which should be considered as well.

 

5.      Filing of Patent application.

 

Once draft application reviewed & specifications finalised. Application for patent will be filed in prescribed manner. That is with appropriate forms & appropriate fee. Govt fee payable is mentioned as follow:

Form 1(Application for patent):- Rs. 1,600/- OR Rs. 4,000/- or Rs. 8000/- (as per applicant) on actual basis.

 

Form 9 (Request for Early Publication):- Rs. 2,500/- OR Rs. 6,250/- or Rs. 12,500/- (as per applicant) on actual basis.

 

Form 18 (Request for Examination):- Rs. 4,000/- OR Rs. 10,000/- or Rs. 20,000/- (as per applicant) on actual basis.

 

Every extra sheet over 30 sheet:- Rs. 160/- per sheet OR Rs. 400/- per sheet or Rs. 800/- per sheet (as per applicant) on actual basis.

 

For every extra claim over 10 claims:- Rs. 320/- per claim OR Rs. 800/- per claim or Rs. 1600/- per claim (as per applicant) on actual basis.

 

 6.    Request for Examination.

 

Examination of application is important part of patent. Without this request patent application is not examined by the patent office. Hence this request is to be generated within 48 months or at the time of filing application. Govt fee payable is mentioned above.

 

7.      Request for Publication.

 

Once patent application is published right of inventor starts from that date, hence early publication is important. Hence to get published on priority need to file form 9 along with government fee as prescribed above. Otherwise it will be published after 18 months.

 

8.          Respond to objections.

 

It might be objected patent application by the department based on examination report. Response to the objections raised in the examination report is to be filed.

 

The inventor and patent agent create & send a response to the examination that tries to prove his invention & satisfied all patentability criteria.

 

9.           Grant of Patent.

 

Till registration follow up the same, hence if any opposition or other issue arise then reply can be filed on time & if application is found to be meeting all patentability requirements then it is granted patent.

 

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 DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

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