Birds Eye View of Patent Registration & Patent Filing in India

When an inventor has an idea and creates something, he always thinks:

• After creating a prototype, what next?
• How to profit from it? and
• The bigger question: How will the inventor stop others from copying his creation and selling it in the market?

All Internet searches would point towards one solution: get a patent registration and protect the invention.

What Can Be Patented?

Any invention can be patented. You may ask what is an Invention? The invention is any creation that is new and has not been made before. A common misconception is that inventions are created only by the greatest scientists and involves earth-shattering innovations. However, to get a patent registration you just need to fulfil the patentability criteria even if your invention is small.

For example, a throwing stick for a dog is patented, and Michael Jackson’s special shoes for moonwalking are also patented. Even someone’s unique college project can also be an invention and eligible for patent registration.

What Are the Contents of a Patent?

The patent document is written in a specific format which includes:

• Specification;
• A detailed description of the invention; and
• Claims along with relevant drawings.

The patent Registration process also requires a patentability search to be done before applying for Patent Registration. The reason to do patentability search is that a patent cannot be granted for something, which is already existing. Thus, the Patentability Search saves future costs of unnecessary Patent Registration.

What is the Time taken for a Patent Registration?

It takes around 1-3 years for a patent registration based on the route you choose. For example, startups can expedite the whole process and be completed in a matter of months. Hence, you should hire a registered patent attorney or a registered patent agent to help you provide the best advice and fastest route possible.

What is the Process of Patent Registration?

The Patent Document upon completion is sent for Patent filing in the Indian Patent Office. The Patent Filing is performed based on several details (such as name, address etc.) obtained from the inventor. Different details are required for Patent Filing in different cases. The Patent Application is published after patent filing.

Subsequently, the patent application is examined by the Indian Patent Office. The Indian Patent Office performs two functions. The Indian Patent Office, firstly, performs a formal check for any inconsistencies. Secondly, the Indian Patent Office performs a patentability search for the invention. Generally, the Indian Patent Office sends a First Examination Report based on their patentability search.

The Registered Patent Attorney or the Registered Patent agent responds to the First Examination report. The Indian Patent Office grants the patent if the response is satisfactory.