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How to go about patent filing in India ?
Intellectual Property has always played an increasingly significant role in today’s technology-driven society. Patents are an important asset for an organization. Hence, the innovative strength of an organization can be measured through its patenting activities. Not just the number of patents, it's also the quality of patents that makes the corporation more demanding. Grant of a patent is a long process that entails multiple checks on novelty, non- obviousness, and industrial applicability of the invention.
A patent, granted by the government, gives an exclusive right to an inventor to make, use, and sell his invention. This exclusive right is for a limited period of 20 years from the date of filing. The fundamental idea is to safeguard the inventions that are created and therefore, encourage more developments. Let us look into the steps involved in a patent filing in India.
Step 1: Conceiving your Invention
This is the first step for an inventor who wants to go ahead with his or her invention. It is important to collect as much information as possible. Some of the pertinent questions that the inventor must think through are: what is the field of the invention, what are the advantages, how will it help in improving already existing solutions? Not all inventions are patentable subject matter.
Step 2: Patent Search and Drafting
After getting clarity over the invention, the inventor must do a patentability search. This is important since it will help in understanding whether the invention is novel or not. All inventions must meet the novelty criteria under the Patents Act.
Step 3- Filing the Patent Application
This is where the actual process starts. After drafting the patent application, this can be filed in the government patent office as per the application form in Form 1. A receipt would be generated with the patent application number. One can also file a provisional patent application, in case; the invention is at an early stage under Form 2.
Step 4- Publication of the Application
After filing the complete specification, the application is published after 18 months from the date of filing. There is no need for any special requirement from the applicant for publication. In case, the applicant does not want to wait till the expiry of 18 months, an early publication request can be made along with prescribed fees by filing Form 9.
Step 5- Request for Examination
Unlike the publication, the examination is not an automatic process and the applicant is required to request the patent office to examine the patent application.
Step 6- Respond to the Objections
The applicant needs to respond to the objection received from the patent office by way of the First Examination Report.
Step 7- Grant of Patent
After addressing all objections, the application would be placed for a grant once it is found to be meeting all patentability requirements, and finally, the patent will be granted to the applicant.
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