There are various patent application filing steps you need to take care of before your patent finally gets register. The patent is a right which is granted exclusively for an invention. Such a right is granted for a process or a product i.e., which provides us with a new way of doing something, basically which has not been innovated before. A patentee shall disclose all the technicalities involved in making the specific product or process in public to get a patent. It is important to register a patent.
To file a patent application, you need to do several things. There are several people who have filed patents on their own. But most of the people and companies file a patent through an agent or a patent filing firm like Legal Raasta. With our team of experts, we are more than happy to guide you through the process. The process, at times, can cause a lot of headaches while filing it. It is never too easy to file a patent. There is a whole lot of process that you need to take care of.
You can refer this link to submit the form online if you have a class 3 digital certificate. Alternatively, you can send hard copies to the patent office. 10% additional fee is charged by the patent office if applications are filed offline.
Patent Application Filing Process
There are some forms to accomplish with each application for a patent which is filed with the Indian patent office. You can register your patent here. It is as follows:
- Form 1 – Application for grant of a patent
- Form 2 – Provisional/Complete specification
- Form 3 – All the Statement and undertaking regarding a foreign application under section 8 (only if a patent application is filed in another country)
- Form 5 – Declaration as to inventorship (only to be filed along with the complete application)
- Form 26 – Form for authorization of a patent agent (only required if you are using a patent agent)
- Form 28 – To be submitted by startup or small entity (only required if you are claiming startup or small entity status)
- Priority documents – priority document is required as well if you are claiming priority from a foreign patent application and entering India,
If you want to Apply for Trademark Registration, you can go with Apply Trademark.
The process of patent application filing is as follows:
Write down the invention with proper details
You need to be cautious while writing about your invention. You should write about all the details and should be sure that you don’t miss out on any details. It should be as detailed as possible. The information about the invention should be in proper notes. It includes:
- Area of invention
- Description of the invention
- How does it work?
- Advantages of invention
Includes drawings, diagrams or sketches explaining the working of the invention
The diagrams will help in explaining how the invention works. It will make everything easy and anyone who reads it would get a better idea of it. Visual illustrations help in explaining the working of the invention.
Check whether the invention is a patentable subject matter or not
You need to take care if the invention is patentable or not. There are certain inventions which are not patentable.
Decide whether to go ahead with the patent or not
The patentability report and opinion helps you decide whether to go ahead with it or not. Thus, you can’t patent it.
Draft the patent application
If you are still in development or research phases, you can opt for the provisional patent application. It secures your patent and buys you some time i.e. 12 months to complete the proceedings. Finally, you can have the permanent patent when have completed your research.
Publication of the Patent Application
The Patent Application is published 18 months after first filling. The patent application is generally published within a month from the request for early publication.
Request for examination
After the publication, the patent is check for the RFI. There is a various criterion to examine them:
- Patentable subject matter
- Inventive step
- Industrial application
Respond to objections
The inventor then has to respond to objections raised by the committee in the examination report and prove that his invention is patentable, he needs to send the reply to all the objections.
Clear all objections
He/she should clear all objections raised towards him and the inventor has a fair chance to prove his point. and establish novelty and inventive step over existing prior arts.
After that, the patent is a grant to you if there are no objections on the invention. So here are the steps which you require for the patent application filing.