Patent application process step by step
Patent application process step by step
Blog Article
One of the most important steps for inventors to safeguard their original concepts or creations is to file for a patent. By securing exclusive rights to the invention, the patent application process enables the creator to stop unauthorised use or sale. This is a detailed guide to the Indian patent application procedure:
1. Assess patentability
Make sure the invention is new, non-obvious, and applicable to industry before filing. It must not be on the Patents Act of 1970's list of non-patentable subject matter.
2. Search for Patents
To find out if a similar invention already exists, a prior art search is helpful. By preventing applications from being rejected, this step can save time and money.
3. Write the application for a patent.
Create a complete or provisional specification. You have a priority date and 12 months to submit the full specification when you submit a provisional application. The title, abstract, background, detailed description, drawings (if any), and claims—which specify the extent of protection—are all included in the full specification.
4. Save the application.
Apply online or in person at the relevant Indian Patent Office (Delhi, Mumbai, Chennai, or Kolkata) with the necessary paperwork and payment.
5. The publication
Unless early publication is requested, the application is automatically published eighteen months after the date of filing.
6. Examination Request (RFE)
After the priority date, you have 48 months to submit a Request for Examination. The application will be assessed by a patent examiner.
7. Analysis and Reaction
The Patent Office has the right to object. Within the allotted time, the applicant must reply with any clarifications or changes.
8. Patent Grant
The patent is granted and published in the official journal once all conditions are satisfied and objections are addressed.
9. Renewal In order to maintain their validity, patents must be renewed yearly beginning in the third year.
This methodical procedure safeguards inventors' exclusive rights and fosters innovation protection.