The document outlines the 7 main steps to file a patent in India: 1. Check if the invention is patentable by searching for similar technologies 2. Draft the patent application and forms 3. File the application with the Indian Patent Office 4. The patent is published 18 months after filing 5. The patent undergoes examination and the applicant may address objections 6. The patent is granted if no objections remain 7. The patent must be renewed annually for up to 20 years.

1. INTELLECTUAL PROPERTY
RIGHTS
BT-3516
PATENT PROCESS IN INDIA
Lecture- 4th
By
Prof. SD Tidke
Modern CABT, Pune

2. How to File Patents? Understanding
the Patent Process in India

3. Steps to follow to file a patent
Thumb Rule:
 Do not disclose your invention in public domain before filing a
patent application failing which the innovation loses its
Inventors can file a patent in two ways:
 The inventor can file the patent on his/her own
 The inventor can take the help of a patent filing professional
agency.

4. patent filing professional or agency.
 Since the patent filing process is long and complicated, most inventors
prefer to engage the services of patent filing professionals or agencies.
 Such individuals or firms charge a fee for since they have years if
experience under their belt.
 They can complete the necessary patent filing procedures on your behalf.
 In case you choose to engage the services of a professional or agency, you
must complete all the formalities related to patent filing, so that the agency
does not pass off your invention as theirs.
 To this effect, you need to draft a non-disclosure agreement and have your
agency professional sign it.
 This formality needs to be completed before the inventor discloses his/her
invention to the professional or agency.

5. Step 1 – Check if your invention is patentable
 Before you begin the patent registration process, you need to check if
your invention is patentable.
 This means that you need to check if another individual has filed a
patent for a similar technology for which you are filing.
 Performing an in-depth patentability search helps you understand
whether or not you have a chance of getting a patent.
 While this step is optional, it can save time and help you understand
whether or not you should file for a patent in the first place.

6. Step 2 – Draft the patent application
 You can now begin the patent application process.
 Indian applicants need to fill Indian Patent Application Form 1. For every
patent you file, you need to mandatorily provide a Form 2 patent specification.
 You can choose between a provisional and complete patent application, based
on the stage of invention.
 This means that if you are still testing your invention, you need to apply for a
provisional patent application. You get a period of 12 months to complete the
invention and file for a complete patent.

7. • You need to pay special attention when you are drafting your
patent application.
• Your patent application should include clauses such as usability and
outcome of the invention in detail.
• You should also include the necessary clauses including your
intention to license your invention and preventing competition from
using and thereby, profiting from your invention.
• Ensure caution while drafting your patent application, be meticulous
and include clauses that prevent the competition from using your
technology.

8. Step 3 – Filing the patent application:
 Your patent application needs to be submitted with several
application forms.
 As per the patent filing procedure in India, you need to submit all of
the below mentioned forms.
 Links to all forms and an applicable fee is follwo
 http://www.ipindia.nic.in/form-and-fees.htm

9. http://www.ipindia.nic.in/form-and-
fees.htm
 Form 1 – Application for patent grant
 Form 2 – Patent specification form (provisional or complete)
 Form 3 – Undertaking and statement with regards to foreign applications
under section 8 (mandatory only in case a corresponding application for
patent is filed in a foreign country)
 Form 5 – Declaration of invention to be filed with complete application
 Form 26 – Form authorizing patent agent (applicable only if you opt for
an agent to help file the patent)
 Form 28 – Mandatory only if applicant is claiming small entity or start-up
status
 Priority Documents – You need to provide priority documents only if
priority is being claimed from a foreign patent claim or application.

10. Step 4 – Publishing the patent application
 After you submit all the documents, the patent application is safely secured by
the Indian Patent Office.
 The patent is then published in an official patent journal after a period of 18
months approximately.
 However, inventors who wish to have their patent application published
before this 18 month period can submit Form 9.
 This is an automatic process but if an inventor wishes to have his application
published earlier, he needs to submit Form 9 (early publication request), in
which case, the application will be published in the official patent journal
within 1 month of making the request.
 However, there are certain scenarios in which your patent application may not
be published.
 These include incomplete applications, withdrawal requests made by the
individual filing the patent and secrecy direction imposed under Patent Act
wherein the invention is against the nation’s interests.

11. Step 5 – Examining the patent application
 Before your patent is granted, it needs to be examined substantively.
 As per rules of the patent application process in India, your patent is thoroughly
examined based on the merits of your invention as claimed and described in the
patent specification form.
 Unlike the publication process, this is not an automatic process and the
applicant needs to make a request to examine their patent application by
submitting Form 18.
 The patent office queues the application for examination only after a formal
request for examination is made.
 You can also expedite this process by filling and submitting Form 18 (A).

12. The patent examiner is obligated to follow a few steps
of his/her own while examining your application. They
are as under
 When the application lands on the examiner’s desk, it is scrutinized according
to the Patent Act and underlying rules.
 The patent examiner searches for similar technologies to ensure the invention
satisfies patentability criteria.
 After reviewing the application, a first examination report (FER) is submitted in
which, grounds for objections, if any, are also stated.
 The examiner lists his objections in detail. This can further extend the
application process by another 6- 9 months. Note that examiner objections
are quite common in case of patents.
 If the inventor needs to make changes to his/her objection, he/she can file a
request for time extension by submitting Form 4.

13. Step 6 – Decision to grant patent
 Once the examiner finds no objections in the patent application,
he grants the patent.
 The patent is then published in the official patent gazette.

14. Step 7 – Renewing the Patent
 The patent holder also needs to renew his patent by paying an annual
renewal fee. In India, it is possible to renew your patent for a period of 20
years at maximum, from the date the patent was first filed.
 Although the patent filing process is long and complex, one must
remember its importance in the long run.
 The entire process can take anywhere between 3-5 years. However, Indian
Patent Office is hiring new examiners and also upgrading its offices to be
able dispose of patent applications in timely fashion.

15. Renewing the Patent
 The process is created with the intention of ensuring that the inventor gets
credit for his invention.
 It also ensures that no other individual can claim rights over the invention.
 The legal rights you earn with your patent can prevent competitors from
using your invention for financial benefits.
 You can also sue such individuals and claim compensation for using your
invention without your approval