Whether you’re patenting an idea or a product, the India patent registration process is the same. If you’re looking to protect the former, you need to file a Complete Patent registration. The latter can involve a provisional registration if you aren’t done with the actual product.
Here are the steps on how to apply for a India patent:
1. Decide the Patentability of the Invention
You need to have the NIU factor to make the product patentable. This means it should have Novelty, Inventiveness, and Utility. The invention should be something new while involving actual creativity. It means it should solve something uniquely. With that, it should still retain its usefulness for its intended industry.
You should also check Section III of the Patent Act of India. This will let you know which inventions aren’t patentable. For example, India doesn’t allow computer programs to get a patent.
2. Make a Patent Search
Check the patent components and see whether it’s already patented. You can try the Google patent portal. But to make the most out of it, you need professionals to help with the task.
3. Gather Documents
Here are the documents you need to attach alongside your patent application:
- Applicant details (ID and Address)
- Inventor details (ID and Address)
- Supporting documents
The supporting documents should contain the invention’s description, abstract, diagrams, advantages, and practical uses. You also need to put the results of your tests as well as the invention’s current status.
4. File the Application and RFE
Applying for the patent means paying the associated fees to complete the registration. Upon its completion, you need to file an RFE (Request for Examination). Take note, you need to wait for 18 months before the authorities examine your invention.
If you file an RFE, it’s likely for your product to get an earlier examination date.
5. Making and Checking the Examination Report
Your examiner will look at the invention and make a report. They will forward the examination report to the Controller. They will check it for accuracy, and if they find errors, you’re given time to correct them.
Otherwise, the process will continue to the next step.
6. Granting the Patent
After removing the objection, the Controller will approve the patent. With that, you’ll get a patent for your product or idea. The details of the patent will appear in the patent registry, which discourages people from patenting similar ideas.
Get an India Patent Today!
The patent process in India is easy and simple. But you need to ensure that you get a representative if you don’t live in the country. That way, you can complete the process without any problems. We are the Hong Kong patent application grant (PAG) authorized patent agent and can help you to apply for the said grant and international patent application.
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