How do I File a Patent in India?

Whether it’s an idea or a product, the process of registration a patent filing in India is generally the same. However, an idea can be filed in a complete patent registration, and the product may include a provisional registration or complete registration.

The difference between a provisional patent registration and a complete patent registration can be explained as follows:

The provisional patent registration is for incomplete or unfinished inventions; Complete registration is meant for fully completed inventions.

Now let us move on to the process of patent registration:

Determine whether your product or idea is patentable: IT can do that by checking if there is an NIU factor to your inventions, that is:

  • Novelty: The idea/product is new and never been done
  • Inventiveness:There is real creativity involved and the idea/product solves something.
  • Utility: The idea/product is useful for the industry.

Perform a patent search: Patent search is done by carefully checking the components of the patent and checking whether the invention already has a patent. There is a Google patent portal that can help. However, you will need the help of the right professionals for this task.

Gather and organize the following documents:

The following are the documents you need to attach to your patent application:

  • ID proof of the applicant
  • Address proof of the applicant
  • ID proof of the inventor
  • Address proof of the inventor
  • Supporting document that specifies the
  • A supporting document which would contain the following document:
  • Description of the invention
  • Abstract of the invention
  • Diagrams of the invention
  • Advantages of the invention
  • Utilities of the invention
  • Testing results of the invention
  • Internal diagram of the invention
  • Current status of the invention, that is, it is completed or to be completed

File the application for patent registration: File the patent registration application and pay the fees in order to submit the application.

File RFE: RFE stands for Request for Examination. Once you file an application for a patent registration, your invention will be examined. You may have to wait 18 months for it. So, if you choose, you can file an RFE for the initial examination.

Creation of examination Report: The examiner will verify the invention and create a patent examination report.

Checking the examination report: The examination report will be forwarded to the controller who checks the examination report to see for any errors. If there are errors, then an applicant is given time to correct them. If not, the next step will be the move.

Grant of the patent: After removal of the objection and the approval from the controller, the idea or the product will be patented and their details will be entered into the patent registry.