Patenting your invention requires familiarity with the legal procedures involved in the process. Patents (Amendment) Rules, 2021, have recently been updated to reflect current patent law.
Inventors and patentees will benefit greatly from these amendments, as they will be more accessible, faster, and easier to file patents.
Patent filing fees were reduced by 80% for educational institutions. Patents were granted faster than they used to be, in 1 to 1.5 years instead of 3-4 years.
A variety of benefits make the patent filing process more economical and faster, including expedited examination of patents for start-ups, women applicants, SMEs, universities, and other institutions.
It is possible for an inventor to file a patent in two ways, either on their own or with the help of a patent filing professional.
In spite of the recent updates, getting help from a patent filing specialist who is familiar with the due process of filing a patent can be very helpful. You can also meet your patent filing deadlines by hiring a specialist.
Steps Involved In the Patent Filing Procedure
Step 1 – Protect your Novel Idea and Invention (NDA)
Patenting your novel and unique idea is one of the concrete reasons to get one. Inventions are encouraged by the patent regime, which protects inventors’ rights.
The importance of a single fresh idea capable of getting you a patent can be understood from this.
Inventions are protected at all costs by inventors. By writing your idea down and saving it as a soft or hard copy, you can protect it with as many details as you can.
You should also make sure that any agency or patent filing professional you disclose your idea to signs a Non-Disclosure Agreement (NDA).
Step 2 – Determine if Your Idea Qualifies for Patentability
You will save a lot of time, money, and effort by taking this optional step.
You can determine whether you should get a patent for your invention after conducting the novelty and patentability search. This method can help you determine if you should file a patent.
Step 3 – Draft of the patent
Technical details and legal drafting techniques are required for the drafting of the patent. Depending on your invention stage, you can apply for a provisional patent or a complete patent.
A provisional patent application lets you improve your invention for 12 months once it is at the testing stage.
In order to survive until the end of patent registration and further commercialization, the patent draft must include all the important clauses, detailed descriptions, inventive steps, and patent specifications.
Ensure that the clauses are drafted in a way that prevents a competitor or other person from misusing your invention for their own gain. Make sure the patent draft is meticulously drafted.
Step 4 – Patent filing
Once you have the patent draft completed, you can file your patent application with the government office. You will receive a patent application number, which has many benefits.
Filing a patent application gives you the option of using words like patent pending/patent applied, which prevents other people from misusing your invention.
Several forms, such as Forms 1, 2, 3, 5, 26, 28, and others, must be filed along with your patent application.
Step 5 – Publication of the Patent Application
Your patent application is secured by the Indian Patent Office once it has been filed. After approximately 18 months, your patent will be published in the ‘official patent journal’.
Form 9 can be submitted by inventors who wish to publish their patent earlier than 18 months. As soon as your early request is received, your patent will be published accordingly within one month. You may not receive a patent if your application is partially finished, you request a withdrawal, etc.
Step 6 – Examination Request by Inventor
The examination of a patent, however, is not automatic and requires the applicant’s or inventor’s request for inspection, as opposed to the automatic 18-month period in patent publication.
Inventors must submit Form 18 (Form 18 (A) for expedited or faster review for certain applicants) to request the patent office to examine the patent.
Step 7 – Responding to the Examiner’s Objections
Analyzing and comprehending the examination report is the responsibility of the inventor and patent attorney. Patent agents create written responses to objections raised, proving the invention is patentable and novel. Your design must meet all the patentability criteria in the written response.
Step 8 – Grant of the patent
Assume the examiner finds no objections to your invention and is satisfied that it meets all the patentability criteria. When this occurs, you will receive a patent and the patent will be published in the official patent gazette.
Step 9 – Patent renewal
A patent must be renewed at specific intervals after it has been granted. In India, patents are granted for a maximum of 20 years under the TRIPS agreement. It is therefore necessary to renew the patent for a period of 20 years.
Patent filing can take between three and five years. However, with the introduction of updates to the patent regime, it is now more affordable, faster, and more accessible.