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.
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.
ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM
