WHAT IS A PATENT
A patent is an exclusive right granted by the government to the inventor for an invention which is a new and inventive solution to an existing technological problem.
WHAT CAN BE PATENTED
An invention with the following characteristics is eligible to be patented:
- Novelty – The invention must be new or novel means that the invention must never have been made, carried out or used before. It must show some new characteristic which is not known in public knowledge (“prior art”).
- Inventive Step – The invention must be non-obvious. An inventive step means a feature which involves a technical advancement as compared to existing knowledge.
- Industrial Application – The invention must be capable of being used in some industry. It has to take the form of device/apparatus, a product or an industrial process.
PATENT REGISTRATION PROCEDURE
STEP1: PATENT SEARCHES
Patent searches are conducted worldwide to know the novelty of an invention. Generally, it is considered safe to do patent searches before patent application filing. If an invention is found in prior arts or closes to prior arts then the novelty of that invention can be challenged by the Indian Patent Office. Therefore, it is important to perform prior art searches in order to save the money and time of an applicant.
STEP2: PATENT DRAFTING
After conducting the patent search, the specification is written with or without claims. Without claims is the provisional specification and with claims is the complete specification. The legal part comes with the claims of the invention which define the legal protection sought.
STEP 3: PATENT APPLICATION FILING
An application filed as a provisional application is generally filed to claim priority date over others. The application contains a number of forms according to the Indian Patent Act, 1970. The drafted provisional or complete specification is filed in Form-2 of the Indian Patent Act,1970. If a provisional patent application is filed then within 12 months of its filing complete specification has to be filed. The six different kinds of filing are:
- Ordinary application
- PCT National phase application
- PCT International application
- Convention application
- Divisional application
- Patent of addition application
STEP 4: PUBLICATION OF PATENT APPLICATION
Once the application is filed, the application is published in the journal after 18 months from the date of filing or priority date and is open to the public to raise an objection.
STEP 5: EXAMINATION
An examination is conducted only when a request for the same has been made. Examination request has to be filed within a period of 48 months of the filing of the patent application or the priority date. The patent examiner examines the application and issues an examination report. The report consists of the objections raised by the examiner. The response to this report has to be filed within 12 months of the issue of the examination report. The response to this report has to be filed within a period of 12 months of the issue of the report. If the need arises, examiner calls the applicant or his agent for hearing. This stage is also called the patent prosecution.
STAGE 6: GRANT OF PATENT
After all the objections are compiled and the examiner is satisfied with the applicant’s reply to the objections, the application is put in order for grant. In case the examiner is not satisfied with the applicant’s reply, he/she can reject the application.
Patent Registration might sound simple but is a very important process. We, at Biswajit Sarkar, ease the process of registering your patent. Protection of your intellectual property is of best interest to you. Reach us to help you!
Info by – Biswajit Sarkar – A Patent Attorney