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What is the Procedure for Patent Registration in India?

Patent Registration in India

Mukesh Sharma 13 Stories

Friday September 13, 2019 , 3 min Read

So, now that you fulfill all the criteria and have all the required documents for Patent Registration, you can now follow these steps to get your patent registered in India:

STEP-1

The first step is to do patent search before filing a Patent application. If the invention is found in earlier arts or close to the earlier arts, then it can be challenged by the Indian Patent office.

STEP-2

After conducting a thorough study regarding the prior inventions or arts, the invention would be written in techno legal language, known as specifications. With claim is the complete specification and without a claim is the provisional specification. The specification specifies the detail of invention, area of invention, and the method to perform an invention.

STEP-3

Under the third step, one can file an application related to Patent Registration in India. If the provisional specification is filed within 12 months, you have to submit the full specification. A Patent application consists of a series of forms prepared according to the Indian Patent Act, 1970.

Ordinary Application:- An ordinary application consists of provisional application and complete application or non-provisional application.
Patent Cooperation Treaty (PCT):- It helps the inventors in seeking international Patent protection for their invention. The PCT application consists of 2 phases:

Ø PCT (National Phase):- To grant the Patent protection to the inventor in the specific country. Before entering the National Phase, the applicant must have Claims (if any), description, drawings, and Abstract of the invention.
Ø PCT (International Phase):- This is followed by National Phase PCT. The application fee for PCT is 470USD for large entities and 94USD for small entities.

Divisional Application:- The division application is to be filed when the examiner of the Patent application reveals more than one invention in the previously filed Patent application.
Conventional Application:- It’s an application filed in the Patent Office without claiming any reference to other applications in process with the Patent office. It is also called Non-provisional application and Ordinary Application.
Patent of Application:- An application made to change or to make modifications in the existing application regarding the invention.

STEP-4

Once you have filed the application for Patent Registration, it will be published in the journals and wait for the objections. If somebody raises an objection against the same, then the examiner will first examine the patent invention. Then, he will submit the report and the applicant has to submit the reply to the report of the examiner within 12 months of the issuance of the report.