In today’s fast-paced world of technological advancements and creative breakthroughs, registering your business and getting a patent for your new invention are among the most essential steps involved in starting your venture. While registering your business will lay the groundwork, securing a patent will ensure no one else can copy your idea. Filing a patent may seem overwhelming at first, but breaking it down into steps can make it more approachable. Through this blog, let us make your process of applying for a patent easy and convenient.
Step 1: Conduct a Thorough Patent Search
The first step in filling a patent in India is to conduct a patent search. Following this step thoroughly will ensure that your invention is new, involves an inventive step, and is capable of industrial application. This will further help you determine whether your invention is patent-eligible. Please note that even if a similar development has been submitted before but not published, that may also have an impact on the novelty of your application. Here are some simple steps you can consider to know if your invention is eligible.
Novelty of Patent
When can an invention be considered new? The answer is when it has not been publicly disclosed or published by somebody else before you file your patent application. Moreover, even in cases where a similar invention has been filed before but not published, the novelty of your application can be affected.
Inventive step of patent
This means that your invention must have practical utility in the respective industry, which is not obvious to someone skilled in the field. This is among the crucial steps for assessing the uniqueness of your invention before filing a patent.
Step 2: Prepare the Patent Application
The second step after determining that your invention qualifies for a patent is to prepare a detailed patent application. The steps involved here are:
Drafting the Patent Specification:
This will include a detailed description of the invention, including specific examples of the concept, how it works, its advantages, etcetera. It would consist of two main parts – the written description and the claims. Claims are the most critical part of your application while filing a patent. They define its legal boundaries.
Including Diagrams:
It is also essential to include visuals in the form of drawings or diagrams, which help clarify complex aspects of your invention to the examiner.
Step 3: Filing the Patent Application:
After preparing the application, the next step is to file it with the Indian Patent Office. You can do this online or in person at one of the patent offices in India. The filing includes:
Application for Grant of Patent
Provisional or Complete Specification
Statement and Undertaking (Section 8)
Declaration as to Inventorship
Step 4: Publication of Patent Application
After submission, your application will be published in the patent journal. This will make your patent information publicly available.
Step 5: Request for Examination
You must request an examination of your application within 48 months from the priority date. The patent office will examine the application to ensure it meets all legal requirements for patentability.
Step 6: Respond to the Examination Reports
The auditor may issue a report containing complaints or requests for revision. You must intervene immediately to solve the issues that arise in the process of filing a patent.
Step 7: Grant of Patent
If the application meets all requirements, the patent will be granted, and a certificate of grant will be issued. The patent will then be published in the official patent journal.
Step 8: Maintenance of Patent
Once granted, the patent must be maintained by paying annual renewal fees. Failure to pay those costs can result in the patent being lapsed.
By ensuring these steps for your invention, you can successfully navigate the patent process in India and secure legal protection for your innovative idea. At Vyapaar Pundit, we will help you register your business and handle patent applications, ensuring you receive comprehensive support for your venture’s needs.
Written by Bhavini J. for Vyapaar Pundit
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