What is the Meaning of Patent Filing?

A patent is a right granted to an individual or enterprise by the government which excludes others from making, using, selling, or importing the patented product or process without prior approval.

Patent filing or patent registration is the first step an inventor takes to protect his/her invention from being misused. Patent filing in India is a fairly complicated ordeal, however, with the right legal guidance, it can be done easily. Any business entity or an individual who believes in securing his patent, which is one of the intellectual properties, should get a legal consultation from expert patent practitioners.

Who should file a patent?
A patent can be filed by any individual or business that wants to protect an invention or an idea. An invention can be a new product or a new process.

Rietway Consultants Patent Package

The Services which are included in our package are as Follows:
✅ Consultation
✅ Prior Art search
✅Application Filing
✅Paying Government Fees

Documents Required for Patent Filing

The following documents are required to get your patent registered:
Patent application in form-1

Proof of right to file the application of patent. This proof could either be attached at the end of application or along with it.

If complete specifications is not available, then provisional specifications.
In the case of provisional specifications, then complete specification in form-2 within 12 months.

Statement and undertaking under section-8 in form-3 (if applicable).

If patent application is filed by patent agent, then power of authority in form-26. If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.

The source of geographical origin should also be included in the case of biological material used in the innovation.

All the applications must bear the signature of the applicant/authorized person/Patent attorney.

The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.

Procedure for Patent Filing

The step-by-step process of how to patent your idea or invention/intellectual property is mentioned below-

Step 1: Patent Search
For a successful patent registration, you need to ensure that your invention/idea is non-obvious and unique. Carrying out a patent search will help you to ensure this and also to avoid lengthy official procedures. You can search for yourself or can take professional help from experts. You can also conduct a patent search with the help of experts.

Step 2: Filing a patent application
For patent filing in India, one of the most crucial aspects to consider is the preparation of patent specifications. The entire process of drafting a patent specification is a specialized task that can be done best by experienced professionals only.

Step 3: Preparation of a patentability report
Authorized patent professionals or patent agents will then do extensive research and prepare the patentability report that contains the analyses based on the above-mentioned criteria. You should also attach all the specified documents along with the patent application. Have a thorough check on the documents before submission, to avoid any rejection in the future.

Step 4: Publication of patent application
The application is then published in the Patent Journal within 18 months. A request for early filing of the patent application can be made along with a prescribed fee.

Publication of Filed Patent
For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the Patent Journal.
The publication of filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised.
To get the patent published in advance, the applicant has to initiate a formal request and it will get published within 1 month of the request.
The publication date does matter the most as the inventor is entitled to protect his work legally, immediately after the publication.

Step 5: Patent Examination
There would be a formal submission of a request for the patent examination which must be filed within 48 months from the first filing of the patent (provisional patent or complete patent). If the applicant fails to file within the time frame specified in the Patent Act, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.

Step 6: Patent objections
It is common for patent applicants to receive objections, like “inconsistent or unclear claims”, “invention lacking novelty”, etc. Hence, it is mandatory to analyze the patent examination report and draft a proper response to the objections.

Step 7: Grant of patent
Once all the patentability requirements are met, the notification to grant patent will be published in the Patent Journal.

Advantages of Patent Filing

A patent is a form of encouragement for innovations and inventions. Once an applicant is granted the patent, he or she becomes the exclusive owner of the invention or the idea. Filing a patent in India is important for a business as the patent restricts its competitors from copying, selling, or importing its intellectual property without prior permission. This way the patent holder can protect his patent rights in support of the existing laws of the land.

Patents can be sold and licensed like other forms of property.
A patent is just like any other intellectual property and can be transferred by the inventor. A patented product is likely to improve brand perception and potentially enable your business to charge a premium.

With exclusive patient rights, the owner of the patent controls the use of the invention for twenty years and longer.

FAQ On Patent

What is Patent?
Patent is an exclusive right given for his invention given to the patentee in exchange of his disclosure of invention and how it works. The exclusive rights includes right to exploit the invention commercially and also it act as a barrier for others from intervening in such exploitation, in the case of intervening the patentee have the right to sue and get compensation for his damages.

What are the Essentials of Patentability?
It should be either invention or inventive step.
Such an invention or inventive step should be novel.
Such an invention or inventive step should be non-obvious.
Such invention or inventive step should be capable of industrial application.
Such invention or inventive step should not fall under s. 3 and s. 4 of Indian patent act.

Who can apply for Patent?
Generally, the true and first inventor or his assignee can file for a patent and certain situation his legal representatives also can file for patent.

Can we File Patent for Published Information?
No, patent is granted only for unpublished invention. The invention should be novel and non- obvious. But however our patent law provides grace period about 12months after such publication with certain condition to grant patent.

What can be patentable?
Any invention or inventive step which having novelty and capable of industrial application, such inventions or inventive steps can be patentable. It should not fall on the explicit exclusions for patent under s.3 and s.4 of Indian patent act.

Is Examination/ Inspection Begins Automatically?
No, the examination will begin once it was requested by the patentee. It should be requested within 48 months from the prior date or filing.

What will be Next after Examination?
Once the examination done, the patent officer will issue a report, based upon the report if any requirement need to made, it should be done within the 12 moths. Once done and there is no petition for objection the paten will be granted.

When can we Object a Patent?
A patent can be objected in two ways one is pre grant and another post grant. Pre grant can be done within 6 months from the date of publication in the patent journal. Post grant objection can be done within 12 months from grant of patent.