In furtherance to the previous blog post, the conversation continues on how to file a patent in India..
M: Angela, Can you explain me how to patent an idea in India?
A: Sir, you can not simply patent an idea, however, an idea which can be implemented in a product or process can be patentable provided it has a patentable subject matter.
M: I have heard some of my colleagues in the lab speak about a priority date? What is the hue and cry about it?
A: Priority date is the date on which your first application is filed for your invention. A priority date is very important as this gives precedence to your invention over all other similar inventions that may come up in the future. Consider you file your application on May 6; this is your priority date. Any person who comes up with a similar invention after May 9 will automatically be barred from applying for a patent.
How to file a patent in India?
M: Oh! Ok, once I have all my documents ready, how to file a patent in India?
A: There is an only online method (E-filing) for file a patent in India.
The E-filing of a patent application requires adherence to the following procedure for file a patent in India:
First, the applicant or agent should possess a digital signature.
Second, the applicant or agent should register as a new user and create a login ID on the Patent Office India Portal (http://ipindia .nic.in)
Third, the Client Software on the portal should be downloaded and installed. It will generate an XML file wherein the soft copies of the documents can be uploaded.
On successful uploading, the application number and CBR receipt along with the date and time of submission are generated.
You may read the post E-Filing Patent Application in India to know more about E-filing process.
Patent Process in India
M: Once this is done, how long do I have to wait for the patent to be granted?
A: Well, since the process is a bit lengthy, a definite time period cannot be ascertained.
M: The procedure is long? How?
A: Once the Patent office India receives your application, a date, and a serial number is allotted to it. The application is digitized, verified, classified and uploaded to the internal server of the office. Next is the screening of the application. The application is screened for any international patent classification, the technical field of an invention for allocation to an examiner in the respective field. The application is also screened to see whether it bears any relevance to defence or atomic energy and whether the abstract requires any correction or completion.
Next, comes the scrutiny. The application is scrutinized for appropriate jurisdiction, proof of right to file and whether all the relevant documents have been submitted. The invention is then examined by the examiner and a report is prepared for the approval of the Controller General.
After 18 months of the date of filing or the priority date (whichever is earlier), the application for patent is published in the official journal. Now comes the part where the invention is open for pre-grant opposition.
M: Sorry to interrupt, but, pre-grant opposition? Hasn’t the Patent Office India already scrutinized the application?
A: The Patent Office India has indeed scrutinized the application and examined the invention to the best of their abilities. However, in order to be absolutely sure, a chance is given to the public to file an opposition under the grounds listed under S 25 (1) of the Patents Act. This opposition has to be filed after publication but before the grant of patent.
In the event of the absence of an opposition, the patent is granted and it is published in the official journal.
M: Good Lord! The patent process is so long! But I guess it’s totally worth it. So tell me, once I get a patent, what are the rights that I have?
A: With the grant of a patent, you get the exclusive right to prevent any third party from making, using, offering for sale, selling or importing for such purposes that product in India.
Also, in the case of a process patent, you will get the exclusive right to prevent any third party from using, offering for sale, selling or importing for such purposes the product obtained directly by such process in India.
M: That’s great! But this process is really long. I hope I am able to go through it.
A: You will, Mr. Mahesh Babu. Don’t worry, we are here to help you.
Finally, and Hopefully, we have cleared your doubts on how to file a patent in India.
To learn more, how Intepat can help you to file a patent in India, please visit our patent filing services.