Process to File a Patent Application
Patent applicants interested in protection of their innovative business ideas opt for filing patent application in India. Before filing the patent application, the applicant must be satisfied with the scope and contents of the application. Once the application is filed, the normal procedure indicates publication of the patent application in the 18 months from the date of filing or the priority date claimed whichever is earlier. This publication involves all the important details of the application including the specifications of the patent. This helps the third party to understand the vitality of the invention and file an opposition if they feel that if this patent is granted then it will hinder their intellectual property rights. During the course of patent prosecution, the draft of the patent applicant is completely assessed and examined at this stage by the patent examiner. Generally. when the patent application is filed, the application is examined by the controller of the patent. If the applicant requires speedy examination, then an application has to be submitted to the controller for expedite patent examination.
Patent Office Action Response
The step of patent examination is followed by issuance of a patent office action or a patent examination report, and, once the objections are replied to and the examiner is satisfied that the invention of the applicant fulfils all conditions for grant of patent. Patent is then granted to the applicant. If the examiner finds any loophole in the application or any misrepresentation, then he returns the application for making the amendments in the original application. subsequently, the patent examiner sends the patent for publication of grant of patent.
Post Grant Patent Opposition
After a patent has been granted, a post grant opposition may be filed within 1 year from the date of publication of the grant of patent. Under this time frame any person who can file a patent opposition to the controller. In case patent opposition proceedings are initiated, depending upon the information or circumstances of each case, the controller decides whether to grant the patent or not and whether he is satisfied that the opposition has been answered.
Patent filing Procedure in India
Patent filing Procedure in India is online via the internet using e-filing option provided by Indian Patent Office. The patent filing procedure in India is simple & cost of patent filing is low for the Startup business category.
Who can file patent in India?
Patent filing Procedure in India for Startups and Foreign PCT Patents
In India, both registered patent agents and patent attorneys can file patent in India before the Indian patent office. The Indian patent attorneys are techno-legal advisors who specialise in advising their foreign clients on how to protect their inventions in India. Our Intellectual Property Law firm can file International patent applications (PCT patents filed internationally) on behalf of both Indian inventors and foreign patent applicants. Even though the Indian Startup can file patent in India on their own, the foreign patent applicant can file Patent in India through the registered patent lawyer or has to hire the services of Indian patent agent.
Most important step for patent filing procedure in India is to get Class three digital signature for signing the different patent forms online.
For online patent filing in India, the patent applicant can register his details on Indian patent office website. The website link for patent filing in India:
http://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin
The documents to be submitted to file a patent application in India includes Form 1, Form 2, Form 3 and Form 5. All the patent documents has to be uploaded in the Indian patent portal. If online e-filing of patent is not possible, hard paper copies of the patent forms along with invention details can be submitted to the patent registry. However, the cost of patent filing in India is increased by 10% additional fees of the online e-filing patent fees in India.
Writing the patent specification defining the boundary of the invention is the most important key element to be taken care off before submitting the patent application for patent grant. Drafting a patent specification keeping in mind the patent laws (as what is patentable under the law) and understanding the technology is a skilful task. That is why it is always recommended to hire the services of an experienced patent attorneys to write a patent for an invention.
Recently, our Intellectual Property Law firm has assisted many Indian Startups & Foreign IP Law Firms with patent specification drafting. Most of the patent specification drafting is outsourced to Indian Patent law firms from US, Canada, Australia and Europe. The patent filing procedure includes filing of patent application, and then file request for examining the patent by the patent examiner. The patent controller assigns the patent application to a patent examiner to study the invention to determine the invention matter is patentable or not.
Once the patent has been examined, the patent examiner will issue examination report. In current scenario in India, the response to file patent examination report is six months from the date of issuance of patent examination report.
Response to file patent examination report is six months from the date of issuance of patent examination report in India
The patent attorney of the inventor has to analyze the FER to respond the examination report along with exhibits to prove that the invention should be registered as patent. After meeting the objection raised by the examiner, the invention application is placed in order for grant.
In India, there are four Indian patent offices. The Indian patent offices are situated at New Delhi, Kolkata, Mumbai and Chennai. When the foreign patent company files patent in India, the appropriate office of patent filing is the address of correspondence of the Indian patent attorney. However, when the patent is filed by the Indian entity the patent will be filed in individual or company’s registered office location.
Addresses of the different Indian patent offices in India are as follows:
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Indian Patent Office
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Address of Patent Office
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Territorial Jurisdiction
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Mumbai
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Intellectual Property Office, Boudhik Sampada Bhawan, Near Antop Hill Post Office, S.M.Road,Antop Hill, MumbaiI – 400 037. EMAIL:
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The States of Maharashtra, Gujarat, MadhyaPradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli
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Chennai
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Intellectual Property Office, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600032, Phone: 044-22502081-84 FAX: 044-22502066, Email:
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The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep
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New Delhi
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Intellectual Property Office, Intellectual Property Office Building, Plot No. 32, Sector 14, Dwarka, New Delhi-110075,
Email:
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The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of Chandigarh.
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Kolkata
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Intellectual Property Office, Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata-700091
Email:-
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The rest of India.
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The patent application has to be written properly with a set of patent claims in case a complete /non-provisional patent application is being filed. The patent filing procedure is different in case the patent inventor wish to file a provisional patent application when the prototype of the technology is not complete. The patent filing procedure can be completed by filing complete patent /non-provisional patent within 12 months from the date of filing of provisional patent application.
Once the patent is filed, the patent application is published after 18 months from the date of first filing. However, to expedite the patent grant procedure request for early publication in Form-9 can be submitted. The patent is published in the patent database after expiry of one month from the date of patent publication request. Patent filing procedure is not complete without filing a request for examination in form-18.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
Law office of Rahul Dev is a niche technology and research based law firm focusing on next generation business and legal issues faced in India and outside India during international business and cross-border technology transactions. We assist our clients in close collaboration with our associates and counsels within India and outside by providing custom engagement models to address our client’s needs.
Practice areas include drafting and filing patent applications, patent prior art searches, patent prosecution, patent filing in India, PCT national phase entry in India, PCT international applications with WIPO, freedom to operate searches, patentability analysis and patent strategy to create a valuable patent portfolio.
Patent attorney Rahul Dev works with clients providing expert legal services in the field of innovative software products, mobile applications, cloud computing, network architecture, virtual reality patents, augmented reality patents, hardware inventions, wearable devices, artificial intelligence patents, drone patents, machine learning, robotics, 3D printing, Blockchain, bitcoins, virtual reality, autonomous vehicles (driverless cars) and internet of things (IoT).
Patent attorney and technology lawyer Rahul Dev works closely with USPTO licensed patent attorneys to assist clients with patent reexaminations, patent prosecution, drafting USPTO office action responses, patent infringement litigation, patent claim mapping and patent licensing. For international patent filings, we have an established network of global patent attorneys to provide reliable and cost effective services to our clients.
Software Patent Attorney
Law office of Rahul Dev is a niche technology and research based law firmfocusing on next generation business and legal issues faced in India and outside India during international business and cross-border technology transactions.
We assist our clients in close collaboration with our associates and counsels within India and outside by providing custom engagement models to address our client’s needs.
Practice areas include drafting and filing patent applications, patent prior art searches, patent prosecution, patent filing in India, PCT national phase entry in India, PCT international applications with WIPO, freedom to operate searches, patentability analysis and patent strategy to create a valuable patent portfolio.
Patent attorney Rahul Dev works with clients providing expert legal services in the field of computers, mobile applications, software, Internet of Things (IoT), mechanical, electrical, medical, chemical, semiconductor manufacturing equipment, semiconductor processing, semiconductor production, semiconductor testing, semiconductor inspection, computer processors (architecture, general purpose processors, digital signal processors, graphics processors, network processors, computing system architecture and design), chipsets (memory, controllers, interfaces, I/O devices, networking system architecture and design), Digital Analog Circuit design, tools, Electronic Design Automation (EDA) Software, Big Data Algorithms, Artificial Intelligence, Machine Learning, Social Networks, Wireless technology including, LAN, WAN, Broadband, Cellular etc.
Patent attorney and technology lawyer Rahul Dev works closely with USPTO licensed patent attorneys to assist clients with patent reexaminations, patent prosecution, drafting USPTO office action responses, patent infringement litigation, patent claim mapping and patent licensing. For international patent filings, we have an established network of global patent attorneys to provide reliable and cost effective services to our clients.
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