It is mandatory for all the Indian inventors who want to protect their intellectual property, regardless of their respective sectors to get their patent registered under the Patent Act, 2002.
There are some specific documents and a full fledged procedure for patent registration in India. The government grants the patent for a time of 20 years following which it is to be renewed.
An application for a patent must be filed at the Patent Office branch within whose territorial jurisdiction the applicant resides or has his principal place of business or domicile. A foreign applicant must file in the Patent Office branch having jurisdiction over the place where his address for service is located.
Offices for patent filing in India are spread across major cities like Mumbai, Chennai, Kolkata, and Delhi. You need to file your patent at the concerned patent offices in your locality. In the case of online applications, the patent office will be charging an additional 10% as the fee.
Procedure for patent registration in India:
STEP 1: Patent 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.
STEP 2: Drafting of Patent Application
Once the search is complete and through, the next step involved is to file an application providing the details regarding the invention in correspondence of the intellectual property department.
You should also attach all the specified documents along with the patent application. Have a thorough check on the documents before submission, to avoid any rejection in the future.
STEP 3: Publication of Patent Application
Patent application filed with the Indian patent office will be published in the official patent journal. This is generally done after 18 months of filing the application.
STEP 4: Request for Examination
The patent application is examined only after receiving request for examination that is Request for Examination (REQ). Up on receiving this request the controller gives your patent application to a patent examiner who examines the patent application with different patentability criteria.
A Request for Examination (RFE) has to be submitted to Patent Office after Publication of Patent and within 48 months of Priority Date / Date of Filing (whichever is earlier).
STEP 5: Grant of 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.
Once the patent is granted, Annual Fees are required to be paid on and after third year of grant of the Patent. Annuities are required to be paid each year throughout the life of the patent i.e. 20 years from the Priority Date / Date of Filing (whichever is earlier).
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Note: This Post was last updated on March 4, 2021
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