Patent filing in India involves several steps, and it’s essential to follow the procedures to ensure your application is processed correctly. Here’s an overview:
1. Patentability Check:
- Ensure your invention is novel, non-obvious, and has industrial applicability.
2. Drafting a Patent Application:
- Provisional Application: A provisional application can be filed to secure a priority date, giving you 12 months to file a complete specification.
- Complete Specification: This includes detailed descriptions, claims, drawings, and an abstract of the invention.
3. Filing the Patent Application:
- File your patent application online or in person at the Indian Patent Office (IPO). The application can be filed in one of the four patent offices in India (Kolkata, Mumbai, Chennai, or Delhi).
4. Publication of Application:
- The application is published 18 months after filing. Early publication can be requested for faster processing.
5. Examination Request:
- A request for examination must be filed within 48 months of the filing date. The IPO will then examine the application for compliance with the legal requirements.
6. First Examination Report (FER):
- The IPO issues an FER detailing any objections. The applicant must respond to these within six months.
7. Grant of Patent:
- If the IPO is satisfied with the responses, the patent is granted and published in the patent journal.
8. Opposition:
- There is a provision for pre-grant and post-grant opposition by third parties.
9. Renewal Fees:
- After the patent is granted, renewal fees must be paid annually to keep the patent in force.
10. Enforcement:
- The patent holder has the exclusive right to prevent others from making, using, selling, or importing the patented invention in India without permission.
Filing a patent in India demands careful preparation and strict adherence to deadlines. Trust us with your invention—hire us as your patent attorney.