Registration of patent in India is a serious work which needs years of experience and sound technical knowledge of the subject matter.Registration of patent in India is a serious work which needs years of experience and sound technical knowledge of the subject matter. To register a patent an application is filed for the invention which is new, novel and which has not been disclosed anywhere prior to filing the application of patent before the office of the controller of patents in India. In India invention of new goods or industrial process can be filed. The main eligibility for an invention for grant of the patent is the existence of inventive steps, and which is non-obvious. The industrial applicability is another important feature and finally, the invention must be commercially beneficial, in other words, the claims of Invention must indicate effective value.
Types of Patent Application in India
A patent can be registered in India. An applicant can file a patent within 12 months of filing the first application
This is the most common application by Indian inventor wherein the invention is disclosed for the first time and can be filed either with the provisional or complete specification. In case the application is filed with the provisional specification, the complete specification must be filed within 12 months of application date.
The Paris convention on patent have recognized the value of first disclosure or “Prior Art” and in case of international applications an applicant can file a patent within 12 months of filing the first application and the previous disclosure shall not be considered as prior art for the subsequent country application.
The patent Co-Operation Treaty provides for a mechanism wherein an international application for grant of a patent can be filed from India for 152 contracting countries. In the first phase application is examined by international examination authority, thereafter applicant has the liberty to file national phase application.
Patent Filing Documents
Procedure For Patent Registration in India
Check on Patentability
Check if the invention is patentable or not in terms of the Patent Act, and confirm whether it is new and has not been published prior to filing with the patent office.
Write down your invention (idea or concept) in maximum detail possible, Use drawings, diagrams, sketches to explain how Invention works and specify its claim.
Filing of Patent
The patent can be filed in India with the provisional specification or complete specification, However, in any case, the complete filing must be completed within 12 months.
Patent Office Activity
The patent is examined and published by the patent office and if no objection is received from the examiner or if no third party opposition, the patent is granted.