11 Steps for how to get a patent in India

Patent registration process comprises of 11 major steps. You can follow these steps if you want to get a strong protection for your patent application. Steps should not be rearranged, or it will give undesirable results and would waste your time and money.

Step 1: Check whether the invention is patentable subject matter

Before you put a word on paper about your invention, please go through the non-patentable types of inventions mentioned in the Indian Patent Act. Time and again we are getting patents those are non-patentable, yet people have spent lot of time and money on those applications. This is not part of the actual registration process, you have to check it yourself. Check here- 17 non patentable inventions in India.

Step 2: Explain invention or idea in concept form on one page only

You should write brief paragraph about invention and add bullet points emphasizing distinguishing or unique features that sets your invention apart from other known prior art. This also doesn’t belong to patent registration process, as it is your own concept or an idea which is yet to found novel.

• Brief abstract of an idea (with advantages)
• Unique features or points of an invention (bullet points)
• How to make or perform the invention (abstract only)   

Step 3: Patentability search

This is the most important step and this will decide whether you should start patent registration process or stop and revise the invention. Indian patent act has some criteria to be satisfied before calling any idea an invention.

Invention must be:

• Novel (Requires Patent search or prior art search)
• Non-obvious (Your own judgment and examiner’s judgment)
• Industrial applicable
• Enabling

You may evaluate these points before filing a patent application by getting relevant information from patent office procedures. Success in this step makes your invention a stronger case for a grant of the patent. You should make a detailed report on patent search or prior art to ensure that your invention hasn’t been disclosed in public domain ever before.

Step 5: Decide the type of patent application

Eager to start patent registration process, you may find that actually you need more time for the detailed specifications of the invention. But if you are clear on the concept underlying the invention and can explain it with details you want to protect, you can file a provisional patent application. Provisional patent application will give you a priority date and time extension of 12 months from filing date to submit detailed description.   

• Provisional Application
• Complete specification

Provisional application is boon in the case of complicated invention where prototype needs to be build to get modified complete specifications. If you have all the specifications of the invention with you, then you can directly file a patent application with complete specifications.

Step 6: Write patent application (Patent drafting)

You should write a patent application in expected format of Indian Patent Office. This include writing below mentioned sections on A4 size paper.

• Title of the invention
• Field of invention
• Background and drawbacks of prior art
• Object of invention
• Statement of invention
• A summary of invention
• A brief description of drawings
• Detailed description
• Claims (optional for provisional)
• Abstract

As a part of patent registration process, you must file a patent application in prescribed forms, along with specifications (complete/provisional) with fees to patent office in your region (Your Patent Office Region wise).

Step 7: Publication of the application in patent journal

After filing the complete specifications with the patent application, the complete specifications are published in the Patent Office Journal after 18 months(no fee) from first filing date. You can actually request to publish your application early (before 18 months from priority date) by paying required fees and making request in prescribed form. Expect your application to be published in the journal within a month from such an early publication request.

Step 8: Request for examination

Your published patent application is not examined until you request to do so. There is a fee to file request for examination. When you make a request for examination, controller of patent office orders your application to be examined by a patent examiner. Patent examiner carefully do all the patentability search as mentioned in stage 3, including checking non patentable matter as well.  

The examiner prepares a First Examination Report (FER) of the patent application upon checking it for patentability criteria. This is part of patent process in the patent office (prosecution). The first examination report contains document references those are similar to your invention, exact lines which examiner thinks are not novel or incorrect are also mentioned in it. This FER is reported to you (applicant) for further action mentioning deadline. Rarely, an application is found without any objection raised by a patent examiner.

Step 9: Respond to objections with corrections

When you will receive FER, it should carefully analysed. All the objections are mentioned pointwise with clear text and call to action. This is an opportunity for you to communicate corrections and stress your inventive step that actually sets your invention apart with reference to text in your application. You must prepare a response to FER and send it to the patent office addressing controller.

Step 10: Getting over all objections and oppositions

The communication between controller and you should continue until all objections and discrepancies are cleared. If not, even you have given good amount of time and turns, then patent application will be rejected. Your application may also be questioned, if someone files pre grant opposition on your patent application.    

Step 11: Grant of patent – end of patent registration process

When all the requirements of the patentability are met, a letter of patent is issued. Entry is made into the register of patents. It will be published as patented in the patent office journal. Even after the grant of the patent, you may be questioned on the grounds of post grant opposition by interested party.