How To Apply for A Patent In India

Imagine you have developed an innovative eco-friendly packaging solution. Initially, you are unsure if it will be well-received. But after a year, you notice a significant demand for your product. Suddenly, you worry that someone else might copy your idea and you will lose your unique identity. Fortunately, you can protect your invention by registering for a patent under Indian laws. The patent application needs to be filed before the product is disclosed or sold in the market. This guide will help you to understand how to apply for a patent in India.

What is a Patent?

A patent is a legal right granted by the government that gives an inventor exclusive rights to make, use, and sell their invention for a specified period. Patent system encourages inventors to protect their creations. While books, movies, and some artworks cannot be patented, they can be protected under copyright law. Patent law is a branch of intellectual property law, which also includes trademark and copyright law.

Who May Apply for a Patent?

Certain qualifications must be met to obtain a patent in India. Both individuals and entities can apply for patents. The primary requirement is that the applicant be the creator of the invention. Entrepreneurs, research institutions, and even legal representatives of deceased inventors can seek patents, provided the inventions meet the standards set by the Indian Patent Office such as the novelty and inventive step.

How do you apply for patent in India?

You can either apply for a patent independently or seek assistance from registered patent agents. The costs associated with obtaining a patent include two primary components:

• Government Fees: These cover the costs for filing patent application and other required forms.
• Patent Agent Fees: If you choose to hire a registered patent agent, there will be additional charges for their professional services.

While it is possible to file a patent on your own, it is highly recommended to use the services of a registered patent agent. Their expertise can help ensure that your application is properly prepared and submitted, increasing the likelihood of a successful patent grant.

Here is the procedure one can follow to apply for patent in India:

1. Invention Disclosure

Disclose your invention to a registered patent agent by signing a non-disclosure agreement. Provide all relevant details about your invention.

2. Patentability Search

A patent practitioner or registered patent agent will conduct a thorough search to check whether the invention was previously disclosed or novel. Based on the patentability search results, decide whether to proceed with patent filing.

3. Patent Drafting

Drafting the patent application requires technical and legal expertise. It is crucial to get this step right to avoid any issues later. The patent application can be drafted by the inventor himself/herself or with professional help. It is highly recommended to use the services of a registered patent agent to draft the patent application to avoid amendments in the future for improper disclosure or not conforming to the formal requirements of the patent office. 

4. Filing the Patent Application

Submit the patent application with the required forms and fees. The application will be published after 18 months unless you request early publication.

5. Request for Examination

Request for examination can be filed within 31 months from the filing date. The request for examination can be filed along with the application filing. 

6. Responding to Objections

Address any objections raised by the patent office. This step involves clarifying and defending your invention’s novelty and inventive step.

7. Grant of Patent

If your application meets all requirements, the patent will be granted and notified through an official journal.

8. Renewal of Your Patent

Once the patent gets granted, you need to renew the patent by paying the renewal fee. Patents are valid for 20 years from the filing date provided the renewal fee is paid to keep the patent in force.

At Patntech, our expertise ensures seamless patent filing in India. We guide you through the intricate patent registration process and offer comprehensive support to safeguard your innovations effectively.