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- Patent registration restrict others from making, using, importing or selling the products or inventions without the approval of its owner. A patent encourages innovations and inventions. Once an applicant is granted the patent, he/she becomes the owner of the invention.
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An Overview- Patent Filing in India

A patent right is the power granted by the government to an inventor which restricts others from making, using, importing or selling the products. If your invention is valuable then it is better to patent your invention to protect it from infringements. A patent is a perfect way to secure your inventions and get intellectual property protected.

Patent prevents others from using, making, selling, importing or exporting an invention without the approval of its owner. It gives intellectual property rights to the owners over inventions. Patent has a validation period of 20 years from the date of filing.

A careful and rigorous checking is done before granting such rights. it includes whether the product is inventive or possesses utility and earlier covered in any published documents. Patent authorities check the intellectual property regulator of India’s database, to find the existence of any inventions similar to the applicant's invention.

Benefits of Patent Filing In India

Benefits of filing a patent in India are as follows-

  • A patent encourages innovations and inventions. Once Patent is granted to the applicant, he/she becomes the owner of the invention.
  • Filing a patent in India is a valuable step for a business as the patent restricts its competitors from copying, selling, or importing its intellectual property without prior approval from its owner.
  • You can sell and license patents like other forms of property.
  • A patent is an intellectual property that can be transferred by the inventor to others.
  • A patented product probably improves brand recognition and enables your business to charge a premium.
  • The patent owner can enjoy exclusive rights over inventions of 20 years or more.

Detailed Process of Patent Filing in India

The step-by-step process of patent filing is mentioned below:

  • 1

    Determine whether or not your innovation is patented.

    Prior to initiating the patent registration process, it is necessary to determine whether your innovation is patentable. This means that you must determine whether another party has filed a patent for a similar technology to the one for which you are applying.
  • 2

    Compose the Patent Application

    You may now begin the process of filing for a patent. Indian applicants must complete Form 1 of the Indian Patent Application. Each patent application must include a Form 2 patent specification. Depending on the stage of innovation, you can file a provisional or a complete patent application.

    This means that if your innovation is still being tested, you must file a provisional patent application. You have 12 months to complete the innovation and file a complete patent application.

  • 3

    Patent Application Filing

    Multiple application forms must be submitted with your patent application. According to the Indian patent filing method, you must submit all of the following paperwork.

    Form 1 - Patent application

    Form 2 – Preparation of a patent specification (provisional or complete)

    Form 3 – Undertaking and statement regarding foreign applications filed pursuant to section 8 (required only if a comparable patent application is filed in a foreign country)

    Form 5 – Inventor's declaration to be filed with the complete application

    Form 26 - Authorization form for patent agent (applicable only if you opt for an agent to help file the patent)

    Form 28 — Requires submission only if the applicant is claiming small business or start-up status.

    Priority Documents - You are only required to provide priority documents if you are claiming priority from a foreign patent claim or application.
  • 4

    Publication of Patent Application

    After you submit all the paperwork, the Indian Patent Office safeguards your patent application. After approximately 18 months, the patent is published in an official patent journal. Inventors who wish to have their patent application published prior to the expiration of this 18-month period, however, may submit Form 9.
  • 5

    Examination of the Patent Application

    Prior to granting your patent, it must undergo substantive examination. According to the regulations governing the Indian patent application procedure, your patent is thoroughly reviewed on the merits of the invention as claimed and specified in the patent specification form.
  • 6

    Patent Grant decision

    Once the examiner determines that the patent application contains no objections, he awards the patent. After then, the patent is published in the official patent journal.

FAQs on Patent Filing in India

The inventor has the right to file for a patent on his or her creation. However, the right to file for a patent might be physically or legally transferred to another person (assignment).
Patent protection is granted for a limited period, generally 20 years from the filing date of the application.
For the duration of the patent's protection period, the patent owner has the authority to determine who may – and who may not – utilise the patented invention. In other words, patent protection prevents anyone from commercially manufacturing, using, distributing, importing, or selling the innovation without the patent owner's approval.
A patent's priority date is the date on which you file your initial patent application in connection with your invention.
It will restrict others from making, using, importing or selling the products or inventions without the approval of its owner. A patent encourages innovations and inventions. Once an applicant is granted the patent, he/she becomes the owner of the invention.
The most common patent filing is utility patent. People generally seek to protect machines, processes, composition of matter and manufactures of their business.

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