Understanding Patent Process
To generate wealth, knowledge needs to be protected. IPR protection in the form of patents helps protect the knowledge by providing legal rights to stop others from manufacturing or selling your invention.
Patents are in fact products on their own and can be sold for monetary gains too.
Understanding patent cost is the first step towards securing the knowledge.
The Patent process can be hypothetically be divided into the following steps:
-
Patent Searching
-
Patent drafting
-
Patent filing
-
Patent publication
-
Patent Examination
-
Replying to Examination report
-
Patent hearing
-
Replying to Examiner queries
Below are few Frequently asked Question to help to guide further:
What you should know about the patent process?
The criteria for a patentability A patent must be new. inventive – not just an obvious modification to something that ...
What to know Before you Apply for a Patent?
Decide if a patent is right for you The patent application process is complicated and it can take minimum 2 ...
What are the advantages of the Patent Cooperation Treaty?
The PCT System has many advantages for an applicant, for the patent Offices and for the general public: (a) You ...
How do I enter the national phase?
It is only after you have decided whether, and in respect of which States, you wish to proceed further with ...
What is the procedure of PCT?
The PCT procedure includes: Filing: File an international application with a RO/IN national patent Office or directly with International Bureau ...
What is the Patent Cooperation Treaty (PCT)?
The PCT is an international treaty with more than 150 Contracting States which are bound with certain formal requirements set ...
What is start up criteria?
Start-up means an entity, incorporated or registered in India under the ―Start-up India: Stand-Up India” initiative of the Government of ...
When can the Power of attorneys be submitted?
The deadline for filing a power of attorney is 3 months from the date of filing of patent application ...
Are there any specific instructions to inventors in respect of filing for patent applications where their invention lies in biological material?
The Patents Act, 1970 as well as the Biological Diversity Act, 2002 stipulates that the source and geographical origin of ...
Is there any additional requirement for filing of patent applications in respect of microbiological inventions?
In addition to the various forms required to be filed at the time of filing the patent application, the applicant ...
Is it necessary to engage a registered patent agent for filing an application for patent?
It is not necessary under the patent law to engage a registered patent agent for filing an application for patent ...
What is meant by patent agent?
A Patent agent is a person registered with Indian Patent Office whose name is entered in the patent agent register ...
What are obligations of the patentee after the grant of patent?
After the grant of patent, every patentee has to maintain the patent by paying renewal fee every year as prescribed ...
Is there any difference in the amount of fees to be paid by an individual or a legal entity for filing a patent application?
Yes, the Patent Rules provides for different fee for individuals/Startups, SME‘s and legal entity ...
What happens to a patent application once it is examined?
After examination, the Patent office issues an examination report to the applicant which is generally known as First Examination Report ...
Is there any provision for expedited examination?
Yes, as per Rule 24C of the Patent Rules as amended in 2016, a request for expedited examination can be ...
When can the request for examination be filed?
The request for examination can be filed within a period of 48 months from the date of priority or date ...
What are the forms required to be filled for filing of a patent application in India?
Generally, in order to file an application, an applicant is required to file Form 1 which is a request for ...
Is there any provision in the Patents Act for early publication?
The applicant can make a request for early publication in Form 9 along with the prescribed fee. The patent is ...
Is it necessary to file a provisional application?
When an invention is not complete an application can be filed with provisional specification which is known as provisional application ...
What are the types of applications?
The types of applications that can be filed are: A) PROVISIONAL APPLICATION B) ORDINARY APPLICATION C) CONVENTION APPLICATION D) PCT ...
How to register to file your own patent application online?
Having a digital signature helps you file your own patent application online by registering on the official patent website. An ...
How can I apply for a patent?
A patent application can be filed with Indian Patent Office either with provisional specification or with complete specification along with ...
When should an application for a patent be filed?
An application for a patent can be filed at the earliest possible date and should not be delayed. Delay in ...
What types of inventions are not patentable in India?
An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify for a patent under ...
What is the criteria of patentability?
The criteria for patentability are as follows: An invention is patentable subject matter if it meets the following criteria - ...
Does Patent give protection worldwide?
No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is ...
What is a Patent?
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by ...
What you should know about the patent process?
The criteria for a patentability A patent must be new. inventive – not just an obvious modification to something that ...
What to know Before you Apply for a Patent?
Decide if a patent is right for you The patent application process is complicated and it can take minimum 2 ...
What are the advantages of the Patent Cooperation Treaty?
The PCT System has many advantages for an applicant, for the patent Offices and for the general public: (a) You ...
How do I enter the national phase?
It is only after you have decided whether, and in respect of which States, you wish to proceed further with ...
What is the procedure of PCT?
The PCT procedure includes: Filing: File an international application with a RO/IN national patent Office or directly with International Bureau ...
What is the Patent Cooperation Treaty (PCT)?
The PCT is an international treaty with more than 150 Contracting States which are bound with certain formal requirements set ...
What is start up criteria?
Start-up means an entity, incorporated or registered in India under the ―Start-up India: Stand-Up India” initiative of the Government of ...
When can the Power of attorneys be submitted?
The deadline for filing a power of attorney is 3 months from the date of filing of patent application ...
Are there any specific instructions to inventors in respect of filing for patent applications where their invention lies in biological material?
The Patents Act, 1970 as well as the Biological Diversity Act, 2002 stipulates that the source and geographical origin of ...
Is there any additional requirement for filing of patent applications in respect of microbiological inventions?
In addition to the various forms required to be filed at the time of filing the patent application, the applicant ...
Is it necessary to engage a registered patent agent for filing an application for patent?
It is not necessary under the patent law to engage a registered patent agent for filing an application for patent ...
What is meant by patent agent?
A Patent agent is a person registered with Indian Patent Office whose name is entered in the patent agent register ...
What are obligations of the patentee after the grant of patent?
After the grant of patent, every patentee has to maintain the patent by paying renewal fee every year as prescribed ...
Is there any difference in the amount of fees to be paid by an individual or a legal entity for filing a patent application?
Yes, the Patent Rules provides for different fee for individuals/Startups, SME‘s and legal entity ...
What happens to a patent application once it is examined?
After examination, the Patent office issues an examination report to the applicant which is generally known as First Examination Report ...
Is there any provision for expedited examination?
Yes, as per Rule 24C of the Patent Rules as amended in 2016, a request for expedited examination can be ...
When can the request for examination be filed?
The request for examination can be filed within a period of 48 months from the date of priority or date ...
What are the forms required to be filled for filing of a patent application in India?
Generally, in order to file an application, an applicant is required to file Form 1 which is a request for ...
Is there any provision in the Patents Act for early publication?
The applicant can make a request for early publication in Form 9 along with the prescribed fee. The patent is ...
Is it necessary to file a provisional application?
When an invention is not complete an application can be filed with provisional specification which is known as provisional application ...
What are the types of applications?
The types of applications that can be filed are: A) PROVISIONAL APPLICATION B) ORDINARY APPLICATION C) CONVENTION APPLICATION D) PCT ...
How to register to file your own patent application online?
Having a digital signature helps you file your own patent application online by registering on the official patent website. An ...
How can I apply for a patent?
A patent application can be filed with Indian Patent Office either with provisional specification or with complete specification along with ...
When should an application for a patent be filed?
An application for a patent can be filed at the earliest possible date and should not be delayed. Delay in ...
What types of inventions are not patentable in India?
An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify for a patent under ...
What is the criteria of patentability?
The criteria for patentability are as follows: An invention is patentable subject matter if it meets the following criteria - ...
Does Patent give protection worldwide?
No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is ...
What is a Patent?
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by ...
Feel free to talk to Patent Agent and refer to the profile