What is the structured step-by-step procedure for patent filing at the Indian Patent Office?
Here is your structured step-by-step procedure for patent filing at the Indian Patent Office, combining both parts of your text into a single, logical, and concise guide:
Patent Filing Procedure at the Indian Patent Office – Step-by-Step Guide
Step 1: Invention Disclosure and Preliminary Preparations
Document your invention in detail: include technical features, drawings, working, and advantages.
Sign an NDA if you're sharing details with a professional.
Perform a Patentability Search (optional but recommended):
Use databases like Google Patents, Espacenet, WIPO Patentscope, or IPO’s public search portal.
Helps identify prior art and assess novelty/inventiveness.
Decide Application Type:
Ordinary (Provisional or Complete), Convention, or PCT National Phase.
Determine Jurisdiction:
Based on the applicant’s address under Rule 4 of Patent Rules, 2003 (Mumbai, Delhi, Chennai, Kolkata).
Step 2: Patent Drafting
Draft the Patent Specification:
Title, technical field, background, summary, detailed description, claims, abstract (~150 words), and drawings.
Choose between:
Provisional Specification (optional): Secures a priority date; complete specification must follow within 12 months.
Complete Specification: Mandatory for grant; includes best mode of performing the invention.
Drafting Forms:
Form 3: Disclosure of foreign filings (if applicable).
Form 5: Declaration of inventorship (required if applicant ≠ inventor).
Step 3: Filing the Application
Modes:
E-filing via IPO portal or physical filing (counter/post).
Documents to be submitted:
Form 1: Application for patent (in duplicate)
Form 2: Specification (provisional/complete, in duplicate)
Form 3: Statement of foreign filings (if applicable)
Form 5: Declaration of Inventorship
Form 26: Power of Attorney (if filed through agent)
Form 28: For startups/small entities
Abstract and Drawings (if applicable)
Filing Fee:
Varies by applicant type (INR 1,600 – INR 8,000 approx.)
Step 4: Publication of Application
Automatic publication after 18 months from filing or priority date.
Early Publication:
File Form 9 with fee for publication within 1 month.
Effect: Applicant gains similar rights to a patentee upon publication.
Step 5: Request for Examination (RFE)
Form 18 must be filed within:
31 months (updated from 48 months) from filing/priority date.
Expedited Examination:
File Form 18A under eligible categories (startups, MSMEs, women, etc.).
Examination Fee:
Ranges from INR 4,000 to INR 20,000 depending on entity type.
Step 6: Examination & Prosecution
The Patent Office issues a First Examination Report (FER).
Applicant must respond within 6 months (extendable by 3 months).
Responses may include:
Amendments to claims/specification
Technical/legal clarifications
Hearing may be conducted if required.
Step 7: Grant of Patent
If all objections are resolved, the patent is granted and published in the Patent Journal.
Patent Certificate issued.
Protection lasts 20 years from filing date.
Step 8: Renewal and Maintenance
Annual renewal begins from the 3rd year.
Fee varies by applicant type and year.
Late payment allowed within a 6-month grace period (with extra fees).
Restoration:
File Form 15 within 18 months of lapse, with valid reason and evidence.
Additional Considerations
Timeline: Typically 3–5 years from filing to grant.
Opposition:
Pre-grant: After publication, before grant.
Post-grant: Within 12 months of grant.
Professional Assistance:
Engage a registered patent agent for accuracy and legal compliance.
Maintain clear records and track deadlines to avoid abandonment.
What is a Patent?
What are different types of patent applications?
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What is a Patent?
A patent is a legal right given by the government to protect a new invention. It allows the inventor to stop others from making, using, selling, or importing the invention without permission, for a set period of time. In return, the inventor must fully explain how the invention works.Patents help encourage creativity and innovation by rewarding inventors and promoting the sharing of new ideas. Owning a patent can be valuable for both individuals and businesses.
Patent rights apply only within the country where they are granted. If protection is needed in other countries, separate applications must be filed in each of them.
Types of Patent Applications in India
If you are planning to protect your invention in India, it’s important to know the different types of patent applications you can file under the Indian Patents Act, 1970. Choosing the right type ensures maximum protection and legal benefits.
1. Ordinary (Non-Provisional) Application
Filed when your invention is complete and you are not claiming priority from any earlier application. It must include a complete specification with detailed descriptions, claims, and drawings. This application undergoes examination by the Indian Patent Office.
2. Provisional Application
Ideal for inventions still under development or testing. It secures an early filing date in India’s “first-to-file” system and gives you 12 months to file the complete specification. Detailed claims are not required at this stage.
3. Convention Application
Used when you have already filed a patent application in a Paris Convention member country and want to claim that priority in India. Must be filed within 12 months from the earliest foreign filing date.
4. PCT International Application
Filed under the Patent Cooperation Treaty (PCT), this single application lets you seek protection in over 150 member countries. It provides up to 30 or 31 months from the priority date to decide which countries to file in.
5. PCT National Phase Application
The stage where you enter individual countries after filing a PCT International Application. In India, this must be filed within 31 months from the priority or international filing date.
6. Divisional Application
Filed when your original patent application contains multiple inventions. It can be filed voluntarily or when directed by the Patent Office, with each divisional retaining the original filing date.
7. Patent of Addition
For improvements or modifications to an already filed or granted patent. It does not require a separate renewal fee and expires with the main patent.
🔍 Tip: Selecting the right patent application type is crucial for protecting your invention’s value and ensuring strong enforceable rights in India.