Patent Application Filing Process
Prior Art Search2 Working Day
Patent search is conducted by business entities and companies before launching new line of product or research so as to ensure that there is no such invention or technology prior in commercial use. Search is also conducted so that the companies or the inventor do not infringe upon the intellectual property of another person.
Patent Domicile Check1 Working Day
Patent registration filed in India is only protected in India and hence the protection will not be applicable in countries other than India. To attain protection in India one has to file separate application to attain protection in other states.
Patent Application PreparationUpto 4 Working Days
You will be required to fill in simple "Invention Disclosure Form" which will provide basic information about the patent. On the basis of information provided our patent attorney will draft patent application.
Patent Application FilingUpto 3 Working Days
Filing Patent Application - The patent application is filled with the Patent office after complete review of patent specification, which is drafted by patent law expert.
Acknowledgement of Submission - After submission of patent application our representatives will provide you with an acknowledgement receipt.
Types of Patents
Documents Required for Patent Registration
These elemantary information are needed to file a patent application in India
Sufficiently descriptive Title to identify the invention yet not reveal unique unpublished details.
Abstract of Invention
A non confidential summary of the invention that can be used for marketing purposes.
Identify new elements of the innovation when compared to current state of the art.
Attach a detailed description of how to make and use the invention.
Describe the problem solved by this invention.
Describe the future scope and operatable machine or device functions of the invention.
What do you get
All the technical help to file patent application in India
Art Search Report
patentability search and document review for your invention.
Proper application drafting through our Patent attorney.
After patent filing through IPIndia, We will send you the acknowledgement.
One to one patent attorney support.
Questions? Call us on 011-408-44560
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Frequently Asked Questions
What is Patent?
The patent is statutory protection provided for an invention granted for a certain period. The patentee receives exclusive right over the invention in exchange for complete disclosure to the government about the technology and the invention.
What Can be Patented in India?
A patent application can be granted by patent authority only if the invention is novel, has an inventive step and has industrial applicability. A patent application is territorial in nature, and hence the protection granted is only applicable in the jurisdiction where it was applied.
What Inventions Cannot be Patented in India?
List of inventions that cannot attain patent registration are:
- Inventions that are contrary to natural laws
- Mere formulation of scientific theory
- Methods or process involving agriculture or horticulture
- Inventions that involve atomic energy
- Discovery of a new form of an already known substance which does not enhance the efficiency of that known subject.
- Software per se, Mathematical Equations
What are Different Types of Patent Application in India?
Types of patent application in India are:
- Provisional application
- Ordinary application
- Convention application
- PCT application
- PCT national phase application
- Patent of addition
- Divisional application
Are Already Published and Disclosed Inventions Patentable in India?
For a patent application to be accepted, it is necessary that the invention should not publish. Publication or disclosing the information about the patent will amount to disclosure of the invention.
What is a Patent Co-operation Treaty?
Patent Co-operation Treaty is a way of filing a patent application. More than 100 countries are party to this treaty. The inventor can seek protection under the patent cooperation treaty and submit a simultaneous application in various countries.
What Does it Mean by Date of the Patent?
The date of the patent is the date of filing patent application. The date of the patent in case of convention application is taken according to the priority date. The term of a patent is viewed from the date of the patent.
When should One file Patent Application?
A patent application must be filed at the earliest possible date as India follows 'First to file' system. Any delay in applying entails risks as anyone other than the inventor can apply for the same invention.
How Long Does Patent Publication Take?
A patent application is published within 18 months of filing (international publication) or 6 months from the domestic filing date, whichever is earlier. A publication fee along with a request for examination fee is also recommended.
In which language can patent application filed with the patent authorities?
A patent application must be filed either in Hindi or English with the trademark office. Translation of the priority documents must be submitted within 31 months.
What is the exclusive right granted with the patent application?
The patent if granted provides an exclusive right to the inventor to sell, Use and to make products. The inventor has right to stop others from using the product or importing products which use the same process or technology.
When is a patent considered Non-obvious?
For an invention to be considered Patentable it should be Non-Obvious or should have inventive step along with being Novel. Non-obviousness is considered the heart of the patent system. Non-obvious test among the patent can be done on the basis that, for a person having ordinary skill in the art or invention must be non-obvious and surprising in that particular field. This test is very subjective in nature as for one examiner certain invention may be non-obvious whereas for other the invention may surprising.
What is Patent Search?
A patent search is the first process that is conducted before filing a patent application. A patent search is conducted with the purpose of searching publically available documents to determine the difference between inventions which resemble or are closest to your inventions. A patent search is conducted with the purpose of determining how different is your inventions from the ones which are already present.
What Documents are Required for Filing a Patent?
Documents required for filing patent application are:
- Application Form 1
- Provisional and complete certification in duplicate.
- Abstract of Invention
- Power of attorney
- Priority document in convention application
Is Patent Protection Universal?
No, the protection granted to patent is not universal in nature. Indian law provides only territorial right hence the protection granted is applicable only in India.
However, the patentee can file an corresponding international patent registration application.
What is the Term/Validity of a Patent?
The term of every registered patent is 20 years from the date of filing of application. however in case of international application the term of 20 years begin from the date of international patent filing.
Which Act Governs Patent Application in India?
Patents act, 1970, and related Rules as amended, is applicable throughout India. The act provides a guideline for registration, prosecution and maintenance and enforcement of patents.
For an invention to be considered patentable subject matter what criteria need to be met?
The invention must meet criteria of novelty, inventiveness and industrial application for inventions to be considered patentable.
Who can Apply for a Patent?
The inventor has the right to file an application for patent registration although the right to file an application can be transferred to another person. Therefore the application for patent registration can be filed by any company or someone other than the inventor.
When Does Patent Registration Application get Published?
every patent registration application is published after 18 months from the date of filling. Although there are certain situation in which application is not published.
- Any application in which secrecy directions are imposed/issued
- If an application is abandoned
- If any application has been withdrawn prior to 18 months
Are published and disclosed invention patentable in India?
For a patent application to be accepted, it is necessary that the invention should not publish. Publication or disclosing the information about the patent will amount to disqualification of the invention.
What is Prior Art?
Prior art is any kind of evidence that shows the prior existence of your invention. prior arts Commercial use or physical presence is not necessary. It is enough if someone shows that the invention made by you has been known before or the technology used in the invention has been used to make some other invention.
What makes an invention "Industrially Applicable"?
Anyone who comes up with new invention and wants to protect it should insure that the invention is useful i.e. it should have industrial application. To complete this requirement the inventor should see that the invention works, it is not necessary for the application to flawlesslly.
What does Novelty mean in Patent?
If the invention is known prior to filing patent application it will not be considered patentable. The purpose of novelty is to prevent prior patented invention to be patented again.
Can I file my patent application outside India directly?
No. A patent application cannot be filed outside India without first taking permission / a foreign filing license from the patent office.
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