Filing a patent? There are various steps you need to take care of before your patent finally gets registered. 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 LegalRaasta. At LegalRaasta, 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.

The process of filing a patent is:

  1. 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 properly noted. It includes:

  1. Area of invention
  2. Description of the invention
  3. How does it work?
  4. Advantages of invention
  1. 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.

  1. Check whether the invention is 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. So you need to check about the thing that has the invention been previously patented or not.

  1. 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. Your patent might already be patented. Thus, you can’t patent it.

  1. 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, when have completed your research, you can have a permanent patent.

  1. Publication of the Patent Application

The Patent Application is published 18 months after first filling. Generally, the patent application is published within a month from the request for early publication.

  1. Request for examination

After the publication, the patent has to be examined for the RFI. There is a various criterion to examine them:

  • Patentable subject matter
  • Novelty
  • Non-obviousness
  • Inventive step
  • Industrial application
  • Enabling
  1. Respond to objections

The inventor then has to respond to objections raised by the committee in the examination report. He needs to send a reply to all the objections to prove that his invention is patentable.

  1. Clear all objections

He/she should clear all objections raised towards him and inventor has a fair chance to prove his point. and establish novelty and inventive step over existing prior arts.

After all this, the patent is granted if there are no objections on the invention.

Patent Application Filing Process in India
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