. It’s purely about a new technical solution that you find fit and one that will yield you better results. And obviously, when it’s getting you better results why wouldn’t you safeguard it.

1. SO YOU WANT TO GET YOUR INVENTION PATENTED??
There are 4 types of intellectual property
 Trade mark
 Trade secret
 Copyrights
 Patents
Each has their own distinctive way to safe guard your product. And patenting is
the heart of it. As much as name, or logo, or even the secretingredient of your
productis important, patent is the rightto safeguard your actual design or
working principle of your product. It’s purely abouta new technical solution that
you find fit and one that will yield you better results. And obviously when it’s
getting you better results why wouldn’tyou safeguard it. Itis considered as a civil
law in most countries and in our country (India) as well and patents holders are
always the once who have the corestrength of the productin their hands.
You wouldn’tbelieve it but in India patenting started fromthe year 1856 under
the British patent law (ACT VI) and the laws gradually started updating as time
went by.
 The Patterns and Design Protection ACT (1872)
 The Protection of Inventions ACT(1883)
 Consolidated as the Inventions and Design’s ACT(1888)

2. And then came ‘The Indian patents & designs ACT’ on the year 1970 which was
India’s own patent rule after independence. This proved to be a milestone in the
field of Civil Law. After that the patent rights havebeen altered a few times. On
the years 1999, 2003 and 2005 thelaw has been altered with the growth in
technology.
Okay, enough with the history lessons. Let me tell you the procedure of how to
apply for a patent.
1. Know the depthof lake before diving, the patent you apply may be fully
doable by you but if you need any professionaladviceat any point of time
it is better that you go for it even before you think of applying. If you’re
afraid of them leaking it or stealing it you can always make them sign a
‘Non-DisclosureAgreement’. This may offer you safety and the ability to
use your professional adviceto its fullest. (Mentioning their assistants in
your paper or sharing credits is optional). And it’s also safeto do a
‘patentability search’ and look up on other procedures like yours and see
whether you have a good chance of getting your patent approved.
Searching in non-patent section can also help you to even alter your ideas
for a better result. See you’renot going to patent for free; In-depth
researching on your patent is always good to savevaluable time and
money.
(For instant patentability search or to seek expert adviceon patents please
click here)
2. It’s applicationtime!!!, there are two important applications you will have
to produce,
Indian Patent Application(Form-1) which is basically the information
you give about you (the inventors), your company and a gist about
the innovation.
(Sample copy attached, click here)
Patent Specification(Form-2), now this is a very serious part. It’s
whereyou specify your invention in detail with all its reference
documents also specified in it. If you have any other specification to
mention in it, small or big it’s always advisableto add it in as if your
invention is not validly explained your patent request can be
rejected. Even if it is granted the lack of specification may causeyour
counter companies to take advantageand steal your invention.

3. Statement andundertaking regarding foreignapplication (Form3),
only required if a corresponding patentapplication is filed in another
country.
Declarationas to inventor ship (Form-5), only to be filed along with
the complete application.
Authorization of a patent agent (Form-26) only required if you are
using a patent agent to help you file the application.
(Form28) Startups or Small Entity required only if you are claiming
startup or small entity status.
Priority documents if you are claiming priority froma foreign patent
application and entering India, you may be required to providethe
priority document as well.
(Click on the link to see samples)
There are two types of patent application as well
Provisional patent application, if you’reyour invention is still in
process.
Compete patent application, if your invention is totally compete and
ready.
if your invention is in the stage of having tests simulations and final
alterations it’s best that you apply an provisionalpatent application as you
get a time of 12 months to get it done for the all-important filling day. You
can also book the day in advanceto submityour complete patent. Please
be very careful while applying your compete patent as that is what is going
to showcaseyour invention. Not patenting properly is the root causeof
inventions being rejected or going out ineffective.
(Click here for any professionaladvicefor your patent)
3. Let the world know! Or Don’t! It’s your call! Once your patent is approved
it will automatically be uploaded in a time of 18months as a published

4. paper. If you wish to get your paper uploaded earlier you can apply for
that as well and they will publish it in 1 month of your official request. One
of the main reasons of applying for a publication is that the date of the
publication is that your privileges and rights startfrom the date of
publication. Any infringement will be avoided once they see your
published paper. But again maintaining your invention as a secret and not
to disclose any of its working principleis understandableand only done
when other countries by patents. It’s mostly to securenational secrets. In
that case you have to fill it at the time or provisionalapplication
submission or at least 3 months before publications.
4. Face the test!Even before you publish your paper you to get your paper
examined. This is the process wherea professionalwill go through your
paper, study the specifications of your invention and bisect its pros and
cons with respect to the patent act. You can opt not to take on this
process butit’s advisableto get it over with initially as it may providea
better clarity on how your invention will fair. Unlike the publication this
will not be done automatically, you will haveto issuea Request for
examination (RFE) and your application will be queued for examination.
It’s better to apply for this as soon as possible. Oncethe examiner goes
through your paper he will give you a FirstExamination Report. Once, the
FER is given you need to successfully overcometheobjections to receive a
patent grant. Trustme there will some objections no matter how good
your patent is, new inventions are never accepted at the first stroke. The
whole process may involveresponding to examination reports, appearing
for hearing, etc. The total time needed to put an application in order for
the grantis 6 months from the date on which the FER is issued to the
applicant. However, this 6 month period can be extended for a period of 3
months by the applicant by filing a requestfor an extension of time (Form
4). A period whereyou literally haveto fight for your patent. But once it’s
done you will havewhat you want. The patent published and your
invention rightly marked for you as an inventor.
5. Oh!! And one more thing, Renewal is something that many don’t really
concentrate on. Many companies after getting 20years of patent ship still

5. don’t pay their patent renewal fee yearly. This is a renewal fee you give for
your invention and it is to be paid radically till the patent ship expires.
There is a six-month grace period after the due date of patent
maintenance fees during which you’repatent will not expire. If
you pay during this period, you will be subjectto a
late payment surcharge. Failureto pay during this time, however, will
causeyour patent to expire.
AND THAT’S IT!!!These are the 5 easy steps you have to follow to get your patent
done. Sounds pretty straightforward isn’t. But still I’llsubjectyou a one step
process to makethis all easier. Click on the link below.