Patent your invention in India and the process

Patent your invention in India and the process:

First, the invention should be checked for patentability criteria and if found having fulfilled the criteria, may considered for filing patent application.

 Both the applicant and the inventor(s) suggested not publishing it till the date of filing application for patent.

Patent specification is one of the key documents of the application need to be drafted. In case some further time needed to drafting or completing the invention, provisional application may be preferred which provide further 12 months to make it complete.

Filing an application for patent in the Patent Office is the first step towards securing a patent. To file a patent application, a set of forms has to be submitted to the patent office. The forms can be submitted online (https://www.ipindiaonline.gov.in/on_line/) using digital signature (certificate) of the applicant or the Patent Agent. Applicant not the agent can send true copies (hard copies) to the patent office.

In case having commercial viability, a request for early publication (optional) of the application may be requested from the patent office alongwith the prescribed fee which may shorten the process around 2-3 years.

Application for the examination of the application required within 48 months of the filing date of the application otherwise the application will be treated abandoned.

As soon the examination report issued, applicant need to response it earliest and within 6 months.

Once the patent granted, as per the scope of its commercial viability, it may be maintained 20 years from the date of application or the priority whichever is earlier.

Reference: http://ipindia.nic.in/patents.htm