Patent Filing in India

Patent, Need for filing Patents, Steps for filing PATENT Application, Patent Drafting

1. Patents Bindu Kshtriya

2. What is Patent? Patent is a governmental authority giving the inventor the exclusive right to make, use, and sell the innovation for a limited time period (20 years). Patents are territorial in nature. Indian patents are effective only in India. For protecting the invention in other countries too, PCT application is a worthfull flexibility.

3. Need of Patenting Patent provides some legal rights to the real inventor or any of his assignee protecting the invention viz., right to make, use, or sell the invention. Patents upgrade the value of business.

4. Why One should Apply for Patent? Patents provide legal right of ownership. Often required when applying for investment. Protect the invention from the date of filing patent application until 20 years.

5. How an Invention Become Eligible for Patent Protection? Invention must be new. It must be capable of industrial application. It must not contain any obvious content.

6. Applying for patent Filing of Patent Application Processing of Application Publication of Application Submission for the request for examination Pre-Grant Opposition Grant of Patent Post-Grant Opposition Maintenance of Patent

7. Filing of Patent Application Forms prescribed Form 1: Main application form Form 2: Provisional or complete specification Form 3: Statements and undertaking under sec. 8 Form 5: Declaration to inventor-ship Form 25: Power of Attorney

8. Processing of Application Application is submitted to patent office, and a date and serial no. is accorded by patent office. Application is classified according to International Patent Classification.

9. Publication of Application After 18 months from the date of filing patent application, application is published in journal of patent office. Early publication of the application is also possible by making a request in form no. 9.

10. Submission for the request for examination Request for examination shall be filed within 48 months from the date of filing of patent application. In the absence of such request application will be rendered as withdrawn. Report of such examination will be available within 3 months from such application.

11. Pre-Grant Opposition Can be filed by any person in form no. 7 Opponents have to state the reason for such opposition. All the facts and evidences related to the opposition shall be submitted along with the form no. 7. After hearing both the parties Controller shall issue a speaking order either granting the patent or rejecting the same.

12. Grant of Patent If controller is satisfied of all the condition stated under section 43 of Indian Patent Act, patent will be granting by issuing a patent no. to the invention.

13. Post-Grant Opposition Any interested person can file for post-grant opposition in form no. 7. Definition of interested person is given in sec. 2 of Patent Act. To absolve the matter, an Examination Board is generally constituted by Controller, and after hearing both the parties speaking order is issued by the controller.

14. Maintenance of Patent After the grant of patent it is mandatory to make it viable through the payment of required fees on the regular time interval. Required fees is stated under schedule 1 of the patent act.

15. Duration of Patent 20 years. A patent shall provide exclusive privilege to make to its owner till the expiry of 20 years from the date of filing of patent application provided the patent application got registered with national patent office.