How to do Patent Registration?

Patent holds paramount interest for an innovator which allows him to protect his unique idea from getting stolen. In order to obtain the patent certificate, the applicant has to follow a series of steps. After all the conditions are fulfilled by the applicant, the concerned department goes through a critical examination of the application along with all the necessary documents.

This article focuses on the steps involved in patent registration.

How can a Patent Application be filed?

Applications for patents can be filed through the following means:

• Online - The application can be submitted through the IP webpage. (www.ipindiaonline.gov.in/online)
• Post- The application can also be sent via post to the patent office.
• Hand Submission - This can be submitted directly to the patent office.

What procedures are involved in obtaining a Patent?

Developing an idea:

Before considering obtaining a patent, an idea must be developed. An idea that does not already exist elsewhere in one form or the other. Once the idea has been developed, the inventor must take a step forward to protect such an idea from getting stolen or used by someone else.

The eligibility criteria must be fulfilled to obtain an exclusive right on any invention, that is:

Needs to check if the invention is patentable:

The patent application to be filed by the applicant through physical or online mode shall include:

• It should be a novel.
• can be used for Industrial purposes.
• There must be an inventive step.
• It must be non-obvious.
• Does not come under the purview of sections 3 and 4 of the Patents Act 1970.

Drafting and Filing of Patent Applications:

• Form 1 (Patent registration Application) to be filed in duplicate.
• Form 2 (Provisional or Complete Specification) is also to be filed in duplicate. Where provisional specification is filed, then complete specifications must be filed within 12 months from the date of application.
• Form 3 (Statement and Undertaking) as per Section 8 of The Patents Act, 1970 in duplicate.
• Form 5 to be filed where the application is filed by the applicant in the convention country.
• Abstract of the invention in duplicate.
• Authorization for Patent Agent in Form 26.
• Statutory fees to be paid through cheque or demand draft.
• Form 28 is only required to be submitted by a small entity or startup.
• A list of documents is to be attached with the application.

After the patent application gets submitted, the further procedure of publication of the Patent Application, Patent Examination, and Patent Objections takes place. And once all the formalities and examination criteria are qualified, the patent certificate is granted to the applicant by the Patent office.