Overview of Patent Registration

Patent Registration provides a statutory right to the inventor by the government for his/her invention which is either a new process or product. The Registered patent helps the inventor to prevent the third party without authorization of making or manufacturing, using, offering for sale, selling, importing, distributing, and licensing.

What is Patentable Subject Matter?

The registration Process below-mentioned list will help you in determining that the invention is patentable or not, which are as follows:-

• Novelty
• Inventiveness
• Inventive Steps
• Utility Application
• Must not fall under Section 3 and Section 4.

In India,Registration Process the Patents are administered by the Patent Act 1970 and Patent rules 1972. However, Inventions must not be published in India or outside India, in prior knowledge or already in use in Public within India, and claimed before in any specification in India.

What are the Benefits of Patent Registration?

• Grants Right to Inventor Registered Patent keeps the opponent away, as the inventor has all the rights owned by him/her.
• Good Market Reputation Patent rights enable the inventor to get a noticeable market status and improve his portfolio by uncovering the invention publicly. It then helps him in building up a good relationship with consumers and competitors that ultimately add to his revenue.
• Fund Raising If a patent holder ready to sell or license the patent that he/she possesses, it helps in simplifying the Registration Process process of raising the funds.
• Enhances Credibility The credibility of the inventor will get enhance after the patent registration is done.
• Privileges for Return on Investment Sometimes, the owner finds that his invention is not bringing good outcomes for him and therefore, wants to hand it over to any other deserving or successful person. Once obtained, the patent rights allow him to earn a good amount of ROI, i.e., returns on his investments by commercializing the invention.
• Advantageous in Longer Run The selling of the invention will result in various advantages to the inventor. It only helps in getting a royalty of 5%, but it is highly advantageous to inventors who have the idea but don’t have the appropriate money to bring the discovery to the market themselves.
• Prohibits Usage of Registered Inventions Registered Patents prohibits others from using patents’ creativity without the patentee’s permission. Also, in case of violation, it helps in suing the 3rd party.
• Exclusive Access from Early Filing Patent registration begins bestowing the inventors with the benefits right from the first step, i.e., the time of filing for the patent. The applicant gets the security and surety that no other person or company could claim the ideas similar to his invention, as soon as he files the Provisional Patent Application.
• Liberty to Make Changes The patent law entitles the owner to use his ideas in any way for the permitted period. It means that the owner owns full freedom to utilize, sell, or even modify the original invention and to prevent others from making profits from the same ideas without his consent.

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What are the Essential Ingredients of Complete Specification under Patent Registration?

• Title Registration Process and Preamble
• Prior Art
• Loopholes in the Prior Art
• Solution to Drawbacks
• Summary of the Invention
• Statement of invention
• Particulars of invention
• Particulars regarding drawings
• Examples
• Claims

Patent Registration Required Documents

For Registration Process Patent registration, the below-mentioned forms and documents are required-

1. For FORM-1 (Application for Grant of Patent)

• Identity Proof of the Inventor and Assignee
• Address Proof of the Inventor and Assignee.
• Contact Details
• Information corresponding to prior patent applications relating to the current invention, which you or any authorized entity has filed
• Some declarations, among other information.

2. For Form-2 (Provisional/Complete Specification)

• Form 2 is used to furnish your patent specification. It may be provisional or a complete patent specification depending on the type of patent application you are filing.

3. For Registration Process FORM-3 (Statement and Undertaking under Section 8)

• Particulars of Assignments
• Details of Foreign filing.

4. Form 5: Declaration as to Inventorship

• This application is used to declare the inventors of the current patent application

5. For Technical Information

• Background of the Invention
• Disclosure of need of invention
• Summary of the Invention
• Description of how the Invention works.

6. For Form-18 Request for Examination.

7. For Form-19 Request for Early Publication.

8. Form 26 Disclosure of Power of Authority (If assigned to the Patent Agent)

9. Request for Publication: This is optional (form 9) if the express publication is required.

10. Other Details

• Disclosure Registration Process of Claims and Abstracts
• Requisite Statutory fees ( cheque / DD)
• Proof of Right to file the form of patent:-The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
• MSME or Start-up certificate
• Provisional specifications, if complete specifications are not available.
• Priority document must be filed in the following cases:• Convention Application (under Paris Convention).• PCT National Phase Application wherein requirements of Rule 17.1 (a or b) of has not been fulfilled.

What is the Procedure for Patent Registration?

The process of Patent registration involves various steps, which are as follows in brief:-

• Application for grant of registration
• Provisional/Complete Specification
• Statement and Undertaking under Section 8
• Declaration as to Inventorship
• Request for publication
• Request for Examination of Application for Patent
• Authorization of a Patent Agent

• Step-1- Engaging a Professional Before you proceed with the filing of patent application you need to decide if you will be taking any help of patent professional or undertaking the patent process itself. Considering the no. of deadlines it is recommended that you hire a professional who has experience in the world of patent.If you decide to take the help of professional make sure that you sign a NDA (Non Disclosure Agreement) with the patent professional before revealing about your invention.
• Step-2-Patentability Search The very first step for Patent registration is the patentability search. Patentable search determines the novelty, inventiveness, industrial application & enabling of the invention. https://ipindiaonline.gov.in/epatentfiling/user/NewUserRegistration.aspx.After Patentable Search, an applicant needs to create a user id and password for applying online.
• Step-8- Office Action ResponseOnce the examiner issues the Examination Report, the applicant has to successfully revert on the objections raised by the examiner to receive a patent grant. The applicant has to respond to examination reports, appearing for hearing, etc.Note- The maximum duration given to respond is 6 months from the issuing date of the First examination report. However, this duration can be extended for a period of another 3 months by filing a request to the IPO.
• Step-9-Grant of Patent RegistrationOnce the application overcomes all the objections raised by the examiner, the patent office will grant a Patent to the applicant. Once the patent is granted, the IPO publishes it in the patent gazette.

What are the Penalties for Unauthorized Claims to Patent Rights?

Section 120 of the Patent Act penalizes the cases of unauthorized claims to patent rights. Thus, any individual or entity:-

• Who Registration Process falsely represents any article sold by him to be patented in India or,
• Falsely represents the subject of an application for a patent in India is punished with a fine which may extend to 1 lakh rupees.

What is Complete Patent Application?

Complete Registration Process patent application is an exclusive legal right given to an inventor. It gives him/her legal authority to exclude others from making, using, selling, and offering for selling or importing a particular invention.

This right remains valid for 20 years, from the date of filing. The holder of the patent is entitled to sue any person who violates the patent and chooses who to sell, grant or license the patent.

What is not Patentable in India?

The Registration Process invention is not patentable if anything-

• Is a mere discovery, and does not have any inventive step.
• Frivolous, obvious, contrary to law, injurious to public health and inventions relating to atomic energy.
• A mere arrangement or rearrangement or duplication of known devices, and anything that does not have any utility.
• A method of agriculture or horticulture.
• Anything comes under Section 3 and Section 4 of Patent Act 1970

Prescribed Fees for Patent Registration under Different Heads

A) E-Filing

Particulars	Individual	Small Entity	Other Than Small Entity
For Filing Patent Application	₹1600	₹4000	₹8000
For each sheet of Specification in addition to 30 pages	₹160	₹400	₹800
For each claim in addition to 10 claim	₹320	₹800	₹1600

B) Physical Filing

Particulars	Individual	Small Entity	Other Than Small Entity
For Filing Patent Application	₹1760	₹4400	₹8800
For each sheet of Specification in addition to 30 pages	₹176	₹440	₹880
For each claim in addition to 10 claim	₹352	₹880	₹1760

New Indian Patent Rules Offer Benefits to Startups and Small Entities

India’s Registration Process latest chains of amendments to its Patent Rules are expected to hugely benefit startups & small entities requesting patent protection for their inventions. With these amendments, overall filing and registration fees for startups & small entities have been considerably reduced. While the fees applicable for small entities have been concentrated outright, startups can retain their “startup” position for up to ten years, thus permitting them the benefit of favorable fees, etc. for an absolute extended period from what was earlier available.

Earlier this year, the famous Scheme for “Facilitating Startups Intellectual Property Protection” (SIPP) that was firstly launched as a pilot project to help startups in increasing and protecting their intellectual property has been extended for a additional period of 3 years from April 01, 2020 to March 31, 2023.

Amendments on 19 October 2020

The Patents (Amendment) Rules, 2020 simplified the procedure concerning to the submission of priority applications and their translations, as well as the filing of working statements (Form 27). These amendments will trim down both compliance and prosecution expenses for applicants.

Amendments on 04 November 2020

The Patents (Second Amendment) Rules, 2020 has also further reduce the filing & prosecution costs for applicants that are startups as well as small entities. These amendments shall cumulatively make IP protection affordable as well as available to various classes of business, and will likely also improve patent filings.

Fees for Small Entities

The Registration Process Patent Rules, 2003 beforehand allowed a 50% decline in the fees payable by a small entity, measured up to that payable by other entities. However, now, the fee payable by a small entity is reduced to 20% of that payable by other entities. This enables the fee payable by a small entity at par with that payable by a natural person & a startup.

Change in the Status of Startups

The Patent Rules, 2003 beforehand provided that an entity would no longer be able to claim the position of a startup after a period of “5 years” from the date of its incorporation/registration. The amendments substitute this period of 5 years by a “period during which it is acknowledged and recognized by the competent authority”.

At present, an entity ceases to be known as a ‘startup’ by the DPIIT (Department for Promotion of Industry and Internal Trade) on the completion of 10 years from the date of its incorporation/registration or if its turnover for any previous year exceeds 100 crore rupees

CorpBiz Procedure for Patent Registration

Kindly utilize the steps Registration Process given above to integrate legally and securely a Patent Registration and get the benefits in the form of better-quality & long lasting inventions. Our CorpBiz experts will be at your disposal for assisting you with guidance concerning Patent Registration and its compliance for the smooth functioning of your inventions. CorpBiz professionals will assist you in planning seamlessly at the least cost, confirming the successful conclusion of the process.

It is Registration Process advisable that an attorney with “IPR experience” must be appointed to overwhelm many of Registration Process the potential pitfalls that creep around within Patent Registration and to understand the requirement in detail. The elementary information would be mandatory from your end to start the process. The Attorney will begin working on your request once all the information is provided, and the payment is received.

Why CorpBiz?

CorpBiz is one of the platforms which coordinate to fulfil all your legal and financial requirements and connect you to consistent professionals. Yes, our clients are pleased with our legal service! Because of our focus on simplifying legal requirements, they have consistently regarded us highly and providing regular updates.

Our Registration Process clients can also track at all times the progress on our platform. If you have any questions about the Patent Registration process, our experienced representatives are just a phone call away. CorpBiz will ensure that Registration Process your communication with professionals is charming and seamless.

• Purchase a Plan for Expert Assistance
• Add Queries Regarding Patent Registration
• Provide Documents to Corpbiz Expert
• Prepare Application for Patent Registration+ Complete all Admissibility Criteria for Preliminary Screening
• Complete Procedural Actions
• Get your Patent Registration at your Door Step

Introduction 

Intellectual Registration Processproperty in terms of patent law can be defined as something tangible in nature that is framed out of someone’s intellectual knowledge and innovative spirit. This knowledge and innovative spirit that an individual possesses acts as a source of livelihood for an innovator in the world of intellectual property rights and innovative industries. The creator of a particular invention may earn great wealth through his invention in the form of royalties if he lets companies use his innovation for which he issues a licence. The innovator may also sell his innovation for a considerable amount, or he may even start his own business, among many other options. All the above-mentioned riches may only be available to the creator if he registers his invention for patent protection. Therefore, the present article discusses why there is a need to register a patent in India, followed by exhaustive step-by-step procedures for the same.  

Patents in Indian Patent Act, 1970

Section 2(m) of the Indian Patent Act, 1970, defines a patent as “a patent which is granted for any invention under the provisions of this Act.” Now, from the mere reading of the above-given definition, it is clear that the meaning of patent is not explicatory.

Therefore, in an attempt to define the same, a patent is, in simple terms, an exclusive monopoly right that is granted to the creator or sole inventor of the invention. This right is only given to the sole inventor because he is the one who has invested his hard work, sweat, and capital into the creation of the said invention, which protects the invention from other competitors in the market by preventing them from selling, manufacturing, using, and distributing the patented technology or inventions.

As per the Indian Patent Act of 1970, a patent is only granted when a certain technology or product fulfils the following criteria, which are also discussed in depth for clear comprehension.

New or novel

For the grant of a patent in the Indian jurisdiction, any invention created has to be mandatorily novel in nature. The Act uses the term “novel invention” in relation to the definition. Therefore, it is necessary to first define the term ‘invention’ which is given under Section 2(1)(j) of the Indian Patent Act and elucidates that anything can be termed an invention when it is created through an inventive step, i.e., introducing technical advances to the existing technology and giving out a product or process that is capable of industrial use.

Now, on to the novel aspect of this invention. Section 2(1)(l) of the Act provides that an invention is said to be new or novel when it is not anticipated in the document or used in India or the world before the filing of the patent application with the specified subject matter of the invention in the Indian patent office. What must be seen to consider the invention as new is that it did not exist in the state of the art because it enables every individual in the country to access the prior existing technology or invention. The same aspect was observed in Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (1978), that an invention must have a novelty of such a nature that it was not known in society before the date of the patent for the grant of a patent.  

Inventive step

An invention shall only be patented when it involves an ‘inventive step’. The mentioned term, in plain language, means an advancement to an invention’s technicality, which is new and different from the existing technology in the particular field. Another criterion by which an invention is considered to involve an inventive step is when it is non-obvious to a person skilled in the field. 

Let us understand this through an example. Say a person named ‘A’ works in the field of electric motor vehicles, and he has invented a system where every time a person hits the brake, the energy goes directly to the vehicle’s battery cabinet, thereby enabling the charging of the battery while in use. The said invention is patentable since it involves an inventive step of such a nature that is new from the existing technology and is non-obvious to a person skilled in the related field as no one could ever think of this system.

The Supreme Court in M/s. Bishwanath Prasad Radhey Shyam v. M/s. Hindustan Metal Industries, (1978) coined the phrase, “As per the criteria, the patent for a created invention would only be granted when the invention is of such new use in relation to technological advancement and said that some problem related to a particular field is solved because of the said creation. Moreover, it is provided that the invention must not be a mere workshop improvement, what has to be looked at is whether the technique is new or unique, which is producing new articles or new aids in the relative industry.”  

Non-obviousness

An invention is said to be non-obvious when it is different from the existing inventions present in the state of the art. For the grant of patent protection, the aspect of ‘newness’ is not enough for the invention. What has to be seen is that it also comprises elements that are undoubtedly different from the existing inventions in the relevant industry. Also, an invention must be of a nature that is not obvious or simple in its operational aspects. The person in the relevant field who is not an expert must be able to conclude that the invention sought to be patented is different from existing inventions and adds a new element that is not obvious in nature.

In Rado v. John Tye Son Ltd. (2013), it was held that “a non-obvious invention is that which is beyond the thinking of a mere person working in the field.” What is to be noted is that the invention should be something that sets the standard and technology apart from existing technical trends that are not natural and usual.

Further, in Graham v. John Deere Co. (1966), the U.S. Supreme Court provided criteria to ascertain whether something was obvious or not. Providing, the court should consider:

1. The scope and content of prior art.
2. The difference between the prior art and the claim of the new invention.
3. The level of skill in the pertinent art. 
4. The failure of others to solve the problem.
5. Long unsolved problems related to the related field.

Industrial applications

Section 2(1)(ac) provides that the invention is said to be of industrial applicability when it is capable of being made or used in the industry. The term ‘industrial application’ refers to the use of the invention sought to be patented. The patent office explicitly looks at the uses that the invention would provide in the industry and whether it would truly be of some aid for industrial matters or not. The use of the invention is termed the ‘utility’ of a patent. If the inventor who sought his invention for a patent cannot satisfy himself as to how his invention contains the potential for industrial use, then the invention will not be patented because it is a rule that creation must have its fundamental use in the relative industry. 

For reference, in Chiron Corp v. Murex Diagnostics (1994), the industrial application was best defined. The court stated that “the phrase capable of industrial application must carry with it a meaning of trade or manufacture in the broadest sense, and there must be profit to be made since no industry would make use of something which would be useless.” 

Further, in Lakhpat Rai & Ors. v. Srikissen Dass & Ors., (1918), the Allahabad High Court termed the industrial use of the invention as its utility, where it was observed that the required invention’s use or aid does not necessarily mean improvement, as it means practicability. The utility test is based on whether the invention will do what it claims or provides to do.

Need to register a patent with the Indian patent office

The following are the essential reasons for having the invention patented in India:

Protection and possession

In Registration Process this technology-ridden era where all businesses are driven by high-tech technology, it is essential for the innovators to protect their knowledge since it is the only tangible asset that is responsible for all their operations because of their created technology. So, it is essential for the running of business operations to protect this very technology from other players in the market. Apart from this, the concept of the original inventor also comes into play since what a man invents must be his asset because he is the only one who has invested his sweat, energy, time, and, most importantly, knowledge and skills in the creation of the said invention. Unfortunately, in today’s time, every other corporation, whether it’s small or giant, is indulged in the race to achieve the best that can be achieved by new inventions and ideas. Therefore, in order to protect and possess what is yours, it is essential to patent the invention.

Monetization opportunity

Once Registration Process the inventor of a certain invention acquires its patent, he is open to monetizing it at his will and can thus amass a handsome amount of wealth. The patent can no doubt be a source of wealth if handled with due diligence and financial knowledge. The creator can generate wealth through the marketing of the new product, licensing it to any other corporation that provides a great monetary value, and even selling the patent for a massive amount.

Encourage innovation

In Registration Process the patent registration procedure, it is provided that when a patent application is accepted and completes all its necessary requirements, the said invention is published in the patent journal to inform the world that this invention is being patented, and for the same reason, any opposition is invited. Upon the publication of the invention, the created technology is directly put out into the world with every minute detail along with its functions, and other innovators come to know of this invention. Therefore, through this, the inventor also encourages the spirit of innovation in society. Since ideas can be taken or can emerge in the minds of other innovators with the knowledge of existing inventions on the market, other aspiring inventors or creators can surely indulge in the practice of learning how to make this certain invention more advanced or how to make another invention complementary to this one that would benefit society on a greater level.

Office jurisdictions of filing patent applications

A Registration Process patent application can be filed in Kolkata, Delhi, Mumbai, and Chennai either online or at the respective jurisdictional patent offices for the grant of patents. 

The above-mentioned office covers the following jurisdictions:

Patent office	State jurisdiction
Mumbai patent office	States of Maharashtra, Gujarat, Madhya Pradesh, Goa, Chhattisgarh and union territories of Daman & Diu & Dadra & Nagar Haveli
Chennai patent office	States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Pondicherry and Lakshadweep.
New Delhi patent office	States of Delhi, Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal and the Union Territories of Chandigarh
Kolkata patent office	The rest of India.

Online patent registration process in India

The following is the detailed step-by-step procedure to file a patent in India through the online system:

Step 1:

Account log in 

Anyone who wants to file for a patent for his invention first has to visit the site, i.e., E-Filing of Patent Applications, and then has to create an account there. Through e-signing accounts can be created there. 

Patent search (discretionary/optional) 

OneRegistration Process of the foremost and most important steps is to search the technology or invention that one has created to see whether whatever he has created does exist in the state of the art since, for the grant of a patent, one of the requirements is the novelty of the product, i.e., its newness. A patent search can benefit the inventor by allowing him to look for inventions already existing in the public domain; through this, he could find out what inventions are patented in India or around the world, whereby he can then make a decision regarding his further operations with the invention and whether to follow the patent procedure or not. Through this, he escapes from spending unnecessary fees on the patent application and other relative work. Moreover, the patent offices grant patents to those inventions that are new in the state of the art to such an extent that they did not exist in the world prior to the patent filing. 

Patent application

Section 7 of the Indian Patent Act of 1970, requires the true creator of the invention to file the application for only one invention in the patent office in the prescribed form. In accordance with the same, he is to draft a patent application in Form 1. Patent application drafting refers to the drafting of an invention in legal and technical language, wherein the patent agent mentions all about the invention with each and every specification. The motive for the drafting of the patent application is to state how the present invention is to be used by people skilled in the art, advocate how the invention created is different from others, and explain how it can be of industrial application. The most crucial step in patent filing is the drafting of patent applications.

The individual has to fill out Form 1 provided above to complete the first step of e-filing the patent. 

In this step, only Form 2 is also to be attached, which is called the patent specification form. In this, the applicant needs to specify the provisional or complete specification of the invention, stating the description, claims, and abstract for the same. The description of the invention has already been discussed above, so let’s discuss the terms “claims” and “abstract act” of the invention. 

Claims

Patent claims are the most important part of the patent specification since they act as a show book for the patent applicant. Through patent claims, the patentee states the subject matter of the patent, wherein he or she specifies the elements and boundaries of the said invention. After stating the subject matter of the same, the patentee then notifies the patent office of what he sought to protect in the invention through a patent so that no other individual can sell, manufacture, or distribute it without prior permission. 

Abstract

According to Section 10(4)(d) of the Act, an abstract must be submitted with the patent application. Rule 13(7) of the Patent Rules 2003 defines a patent abstract as a short version of the description of the application, where the applicant needs to provide a short title of the invention along with its features in not more than fifteen words. The present rule further provides that the abstract shall describe the technical field to which the invention belongs, the technical advancement of the invention as compared to existing knowledge, and the principal use of the invention, excluding any speculative use, in not more than one hundred and fifty words. In simple terms, it is said to consist of a few words about the patent subject matter as to what new technological advancements or technology the invention will introduce into the industry with the use of the same.

Drawing and figure of abstract

Rule 15(3) of the patent rules states that at least one copy of the invention’s drawing should be attached to the patent application. The patentee produces the drawing in a pdf format of the invention, followed by the production of the abstract figure in a jpg format.

Statement and undertaking 

Section 8 of the Patent Act and Rule 12 of the Patent Rules govern the provisions regarding the statements and undertakings of a patent, where Section 8(1)(a) elucidates that the patentee must provide a statement regarding any other application that he has filed outside India, providing the particulars about the same or substantially similar invention. It is necessary for the patentee to notify the patent office about the same within six months of the patent application’s filing date. 

Section 8(1)(b) further makes it mandatory for the patentee to produce an undertaking to the patent controller to give a timely update regarding the filing of any application outside India. 

Power of attorney

In Form 26, the patentee is required to give a power of attorney in case a patent agent is assigned. The power of attorney plays a crucial role in the grant of the patent since the patentee acts through this legal document and only gives authority to his agent to act on his behalf.

Declaration of inventorship 

Section 28 specifies that the person filing the patent application must be the true inventor or joint inventor of the said invention, and for the same, he is to file a declaration of inventorship in Form 5, wherein the true inventor makes a declaration that he is the original inventor or joint inventor of the invention.

Fees payment

The last step is to pay the payment fees through the payment gateway.

Step 2

Rule 24 of the patent rules talk about the publication of a patent application in an official journal which provides that after the expiration of 18 months, the patent application will be made available to the public. After the submission of all the above-stated requisite documents and forms, and after an expiration of 18 months from the date of filing of the application, the application is officially published in the journal, where the title, abstract, application no., and names of the application and inventor are mentioned.

Step 3

Rule 55 provides that after the publication of the patent application in the journal, the said application is open for any opposition by any person within 3 months from the date of publication or before the grant of a patent, along with the statement, evidence, and request for hearing of the opposition. Further, if there is opposition, the patent controller will forward the opposition to the applicant. Upon receiving the opposition from the controller, the applicant will file the statement along with supporting evidence in reply. And after having all the relevant evidence along with the statement, there will be a hearing if it is so requested. If not, then the controller will finally either reject the opposition or accept it and not grant the patent. 

Section 25(2) provides that if the same opposition is filed after the grant of the patent, it is called post-grant opposition. Here, the interested party files an opposition against the granted patent in Form 7 within one year after the grant of the patent.

Step 4

Request for examination

In order to protect the invention, as per Rule 24B, the applicant has to file a request for examination of the patent within 48 months from the date of filing the application. Section 11B of the Act states that no application for the grant of a patent will be examined unless the applicant  requests the same. Where the application is not filed within the above-stated time period, the application is treated as withdrawn by the applicant.  Therefore,  it is absolutely mandatory for the applicant to apply for examination of the patent if he truly wants his invention protected. 

First examination report

After the request for examination of the patent application, the examiner at the patent office will thereby examine the invention in order to ascertain whether the created invention fulfils the essentials for a patent, which are novelty, inventiveness, and industrial application. 

After examining the invention, the office will issue a first examination report (FER) and send it along with specifications to the applicant, highlighting the objections and suggestions contained therein. Usually, an examiner sends the report within one month.

Step 5

After receiving the first examination report (FER), the applicant gets an opportunity to submit a response to the objections raised to overcome all of them. And if the controller finds the responses submitted by the applicant satisfactory in light of the raised objections, the patent will be granted to the applicant.

Offline patent registration process in India

For the purpose of offline patent filings, there are jurisdictional patent offices in the Kolkata, Delhi, Mumbai, and Chennai regions.

The applicant can protect his invention through patent protection by filing the patent application in offline mode by visiting the office and submitting the requisite documents and doing the necessary formalities. An applicant has to submit the following documents at the counter of the jurisdictional patent office:

Step 1

Covering indicating the list of documents

At the outset of the patent application in offline mode, the applicant first needs to attach a cover indicating the list of documents. This list of documents is simply an index that primarily showcases the required documents that are attached to the application. 

Application for grant of patent

The second step is to attach the application for the grant of a patent to Form 1 in duplicate. 

Specification

The application for grant of a patent is followed by the specification of the invention, either provisional or complete. The specification refers to the description of the invention that is sought to be protected through the grant of a patent. It is important to note that the provisional specification is only optional, while the complete specification is mandatory. 

The specification also comprises a description, claims, drawings, and an abstract. which have already been discussed above under the “online patent filing” heading.

Statement and undertaking

It is mandatory for the applicant to provide a statement and undertaking for the grant of the patent for his invention. 

Power of attorney

A power of attorney is to be attached with the application in Form 26 in case a patent agent is assigned.

Declaration of inventorship

In Form 5 in duplicate, the applicant has to provide a declaration of inventorship in relation to the invention. 

Statutory fees

At last, the applicant has to pay the required statutory fee for the processing of his application for further procedures. 

Statutory fees are:

Particulars	Natural person	Small entity	Large entity
For patent filing application	Rs. 1,750	Rs. 4,400	Rs. 8,800
For each sheet of specification	Rs. 180	440	880
For each claim	Rs. 350	Rs. 880	Rs. 1,760

After the above-mentioned first step, the application would then go through the same steps that were followed in the online patent filing process, i.e., the publication of the application, opposition to the application, including post-grant opposition, followed by a request for the examination, and receiving the first examination report where, after satisfying the controller through the filed statements, the applicant acquires the patent for his created invention.

Conclusion 

The concept of patent protection in Indian patent law is to limit individuals other than the inventor’s ability to use, sell, and manufacture the product or technology for their own private gain or interest. This protection enables the creator to keep the inventions created only for themselves. Whereas, it also gives the inventor the right to monetise it for further economic purposes. But, all these opportunities and protections come into play when the inventor registers the technology and invention with the patent office, either online or in person. Through registering his creations, the inventor lets his knowledge and innovative spirit shine; along with this, the innovative spirit keeps prevailing in the minds of other innovators who think, work, and innovate whatever it is to make the world better. 

Frequently asked questions (FAQs)

Who can apply for a patent in India?

Section 6 of the Indian Patent Act, 1970, provides that any person claiming to be the true and first applicant, or being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application, or being the legal representative of any deceased person who, immediately before his death, was entitled to make such an application, can apply for a patent in India.

What is the need to file a patent in India?

The paramount purpose of filing a patent is to protect the creation or invention from authoritative sale and manufacture in the market because it is the true creator who has invested his time, money, skill, and knowledge in its creation. 

Through whom can a person file a patent application?

Although Section 6 of the Act provides that any person can file a patent application in India, in most cases, the inventor does not have the required knowledge about the filing process and system. Therefore, many organisations and companies in the innovative world hire patent agents and attorneys to assist the inventor in filing a patent efficiently. 

What is the term of patent protection in India?

According to Section 53 of the Act, the term of patent protection in India is 20 years from the date of filing of the application for the patent.

Step by Step Procedure For Patent registration in India

 Setindiabiz Team  April 20, 2023 Patent
Procedure Patent Registration in India starts with performing patent searches before patent application filing. After determining the novelty of the invention, the patent application can be filed with the Indian Patent Office in any of the branches i.e Delhi, Mumbai, Chennai or Kolkata. The patent application can be filed as the provisional application or as the non-provisional application with the Indian Patent Office. It would be easier to explain the procedure of patent registration in India in steps.

Step by Step Procedure For Patent registration in India.

Table of Contents

Step 1: Patent Searches

Step by Step Procedure For Patent registration in India Procedure Patent Registration in India searches are conducted and worldwide to know the novelty of an invention. Generally, it is considered safe to do patent searches before patent application filing. If an invention is found in prior arts or closes to prior arts then the novelty of that invention can be challenged by the Indian Patent Office. Therefore, it is important to perform prior art searches in order to save the money and time of an applicant.

Step 2: Patent Drafting

Step by Step Procedure For Patent registration in India After conducting thorough searches worldwide, the invention is written in a techno-legal language known as the specification which can be with or without claims. Without claims is the provisional specification and with claims is the complete specification. The specification specifies the field of invention, detailed description of the invention with working examples and the best method to perform an invention so that a person skilled in the art can perform the invention. The legal part comes with the claims of the invention which define the legal protection sought by an inventor.

Step 3: Patent Application Filing

Step by Step Procedure For Patent registration in India A patent application filing is the first step towards obtaining a patent. Procedure Patent Registration in India application filed as a provisional application is generally filed to claim priority date over other applications. A patent application consists of series of forms prepared according to the Indian Patent Act, 1970. The drafted provisional or complete specification is filed in Form-2 of the Indian Patent Act,1970. If a provisional patent application is filed then within 12 months of its filing complete specification has to be filed. There are 6 different kinds of filing filed in the Indian Patent Office. These are:

1. Ordinary application
2. PCT National phase application
3. PCT International application
4. Convention application
5. Divisional application
6. Patent of addition application

Step 4: Publication of Patent Application

Once the Procedure Patent Registration in India has been filed, then after the expiry of 18 months from the date of filing or date of priority whichever is earlier, the application is published in an official journal and is open to the public. This is a chance given to the public to raise an objection if any.

Step 5: Examination of Patent Application/Patent Prosecution

The patent application is examined only when a request for examination has been filed. The request for examination has to be filed within 48 months of the application filing date or date of the priority. The patent examiner examines a patent application and issues an examination report. The examination report contains a series of objections raised by an examiner. The response to an examination report has to be filed within 12 months of the issuance of the examination report. If needed examiner calls applicant or his agent for hearing. This phase is called as patent prosecution.

Step 6: Grant of a Patent

After all objections to the examination report have been compiled and the examiner is satisfied with the reply of an applicant, the application is put in order for grant. On the other hand, if the examiner is not satisfied with the reply and arguments of an applicant, then he/she can reject the application.

Conclusion

Step by step patent registration in India is a crucial process for safeguarding intellectual property rights. From conducting patent searches, assessing patent’s novelty, to drafting and filing the patent application, each stage plays a pivotal role in the overall procedure of patent registration in India. The subsequent examination and prosecution phase involves addressing objections raised by the examiner. Furthermore, publication of the patent application allows for public scrutiny and raises the possibility of these objections.So, by navigating this process diligently and seeking professional guidance, successful patent registration can be achieved, ensuring the protection of innovative ideas. This, in turn, opens up opportunities for commercialization, partnerships, and business expansions, ultimately contributing to the growth of innovation across various industries.

Patent Registration in India – Procedure, Requirements & Fees

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The complete patent registration process involves a series of steps which are to be mandatorily followed to get a patent in India. In this post, we will discuss the registration process involved in registering a patent in India and the costs involved.

Checking the patentability of the invention by performing a search

Before filing a patent application in India, one should perform a detailed patentability search to determine whether a patent for it will be available or not. You can use the below link to conduct the patentability search http://ipindiaservices.gov.in/publicsearch It is to be noted here that this step in itself is not mandatory.

Drafting of patent application

1. Once the search is complete Registration Process and through, the next step involved is to prepare an application form in form 1.
2. Each application has to be accompanied by a patent specification. This has to be prepared in form 2 where one has to provide the complete or provisional specification depending upon the state of the invention(Whether its partially completed or completed). In case one files a provisional application, a time gap of 12 months is provided to finalize the invention and file the complete application.
3. A patent draft will also be required to be submitted along with the application. The patent draft is considered a very important document as the same will be used by the patent office in deciding whether or not patent should be granted.

Filing the patent application in India

No	Stages of the patent process	Form No.
1.	Application for grant of patent	Form 1
2.	Provisional/complete specification	Form 2
3.	Statement and undertaking under section 8 (this is only required where a patent application is already filed in the country other than India)	Form 3
4.	Declaration as to inventorship	Form 5
5.	Forms submitted only by start-ups and small entities.	Form 28

Publication of patent application

Patent application filed with Registration Process the Indian patent office will be published in the official patent journal. This is generally done after 18 months of filing the application. In case one wants to get it published earlier, he can make a request in form 9 for early publication. When a restriction is placed by the Indian patent act with regards to the publishing of the patent, the same will not be published in the journal.

Examining of patent application

Every Registration Process application filed for protection will be examined before a patent is finally granted. The application has to be made for examination in form 18. The earlier one makes a request, the earlier the application will be examined by the examiner. Once the application is filed, it is transferred to the patent officer who will examine the application to ensure the same is in accordance with the patent act and rules. A thorough search is conducted by the officer where he/she analyses the relevant technology in depth and the objections, if any, will be communicated. The report issued in this case is called the First Examination Report(FER).

Grant of patent

The patent is granted once all the objections raised by the officer are resolved.

Rules to keep in mind while filing the patent application

• The Registration Process fees payable with respect to the grant of patents and applications therefor, and in respect of other matters for which fees are required to be payable are specified in the First Schedule.
• An additional fee of 10% is payable when the applications for patent and other documents are filed physically.

• The fees payable under the Act or rules may be paid at the appropriate office either in cash, or through electronic means, or may be sent by bank draft, or banker‘s cheque. The amount is payable to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated. If the draft or banker‘s cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or banker‘s cheque has actually reached the Controller.
• Where a fee is payable with respect to a document, the entire fee shall accompany the document.
• In case of transfer of application from a natural person to other than a natural person, the difference, if any between the fee shall be paid by the new applicant with the request for transfer.

In case an application by a small entity is fully or partly transferred to a person other that a natural person, the difference, if any, between the fee shall be paid by the new applicant with the request for transfer.