How to get PATENT in India??

PATENT:
The patent is grant of exclusive rights to the owner, to exclude others from making,using, offering for sale,selling or importing patented invention. The patent can be raised by
  • Business owner: with an idea or product  to patent
  • Research Scientist: with a new concept, formula to patent
  • Professional (employee): with new idea for software or business method
  • ME or PHD holder: with research project to patent
  • Student: with intent to learn more about patents and how they can protect our ideas
The word “patent” continues to be most sought after word in business and Research and development community that is being searched over internet for more information and guidance…
Get Patent professional involved for writing and filing patent.
Why should we consider patenting our invention?
We own our invention for long period of time. We can use it to build a business. Rent it in case license it to existing businesses.
STEPS involved to get patent:
Step 1:  Write down the invention (idea or concept) with as much details as possible
Collect all the information about your invention such as:
  • Area of invention
  • Description of the invention what it does
  • How does it work
  • Advantages of the invention
Ideally, if we have worked on the invention during research and development phase we should have something call lab record duly signed with date by us and respective authority.
Step 2:  include drawings, diagrams or sketches explaining working of invention
The drawings and diagrams should be designed so as to explain the working of the invention in better way with visual illustrations. They play an important role in patent application.
Step 3: check whether the invention is patentable subject matter
All inventions may not be patentable, as per Indian patent act there are certain inventions that are not patentable explained in detail in(inventions not patentable)
Step 4a: Patentability search
The next step would be finding out whether our invention meets all patentability criteria as per Indian patent act? That is,
  • Novelty
  • Non-obviousness
  • Industrial application
  • Enabling
The detailed explanation for patentability criteria is given here (what are patentability criteria’s). The patentability opinion is provided by the patent professionals up on conducting extensive search and forming patentability report.
Step 4b: Decide whether to go ahead with patent
The patentability report and opinion helps us decide whether to go ahead with the patent or not, chances are what we thought as novel might already been patented or know to public in some form of information. Hence this reports saves lots of time, efforts and cost of the inventor by helping us to decide whether to go ahead with the patent filing process or not.
Step 5: Draft (write) patent application
In case we are at very early stage in the research and development for our invention, then we can go for provisional application. It gives following benefits:
  • Secures filing date
  • 12 months of time to file complete specification
  • Low cost
After filing provisional application, we secure the filing date which is very crucial in patent world.  we get 12 months of time to come up with the complete specification, up on expiry of 12 months our patent application will be abandoned.
When we complete the required documents and our research work is at level where we can have prototype and experimental results to prove our inventive step then we  can file complete specification with patent application.
Filing the provisional specification is the optional step, if we are at the stage where we have complete information about our invention then we can directly go for complete specification.
Step 6: Publication of the application
Up on filing the complete specification along with application for patent, the application is published after 18 months of first filing.
An early publication request can be made along with prescribed fees if we do not wish to wait till the expiry of 18 months from the date of filing for publishing our patent application.
Generally the patent application is published within a month form request form early publication.
Step 7: Request for examination
The patent application is examined only after receiving request for examination that is RFE.  Up on receiving this request the controller gives our patent application to a patent examiner who examines the patent application with different patentability criteria like:
  • Patentable subject matter
  • Novelty
  • Non-obviousness
  • Inventive step
  • Industrial application
  • Enabling
The examiner creates a first examination report of the patent application upon reviewing it for above terms. This is called patent prosecution. Everything happening to patent application before grant of patent is generally called as patent prosecution.
The first examination report submitted to controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and same is reported to patent applicant.
Step 8: respond to objections
Majority of patent applicants will receive some type of objections based on examination report. The best thing to do it analyse the examination report with patent professional (patent agent) and creating a response to the objections raised in the examination report.
This is a chance for an inventor to communicate our novelty over prior arts found in the examination report. The inventor and patent agent create and send a response to the examination that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria’s.
Step 9: clearing all objections
This communication between controller and patent applicant is to ensure that all objections raised in the patent application are resolved. (if not the patent will not be granted ) and the inventor has our fair chance to prove our point and establish novelty and inventive step over existing prior arts.
Up on finding the patent application in order of grant, it is grant to the patent applicant as early as possible.
Step 10: Grant of patent
The application would be placed in order for grant once it is found to be meeting all patentability requirements. The grant of patent is notified in the patent journal which is published time to time.

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