Patent Registration Process in India: From Application to Publication by Dr. Kiran Kakade

Introduction

Patents, as a cornerstone of intellectual property rights, play a pivotal role in protecting innovation. In India, the process of securing patent rights is governed by the Indian Patent Act of 1970. This blog aims to unravel the intricacies of the patent registration procedure in India, delving into each step and shedding light on the timeframes involved.

Source : https://ipindia.gov.in/

Step 1: Patent Search

The journey commences with a crucial step – the Patent Search. This initial exploration, conducted globally, serves to determine the novelty of the invention. It sets the foundation for the entire patent registration process.

Step 2: Drafting Patent Specification

Following exhaustive searches, the specification of the invention takes shape in a techno-legal language. Whether with or without inventor’s claims, this document encapsulates the essence of the invention. A provisional specification lacks claims, while a complete specification provides a detailed disclosure.

Step 3: Patent Application Filing

The filing process kicks off after drafting the Patent Specification. Patent Applications can be provisional or complete, serving distinct purposes. Six different types of Patent Application forms cater to specific needs, ranging from an ordinary application for Indian protection to PCT International applications for global coverage.

Step 4: Patent Publication for Public Opposition

After completing the patent application process, the patent undergoes publication. This occurs 18 months from the filing date or priority date, opening the door for public scrutiny. This phase allows the public to raise valid objections to the patent.

Step 5: Requesting Patent Examination

Examination is initiated upon filing a request, mandatory within 48 months of the filing date or priority date. The patent examiner scrutinizes the application, issuing an examination report with objections. A timely response, within 12 months, marks the patent prosecution phase.

Step 6: Grant of a Patent

Successful navigation through objections leads to the final phase – the grant of Patent Registration. However, if the examiner remains unsatisfied, rejection prompts a revisit of the entire patent procedure in India.

Conclusion

Understanding the intricacies of the patent registration journey empowers inventors and innovators. It provides valuable insights into the timeframes associated with each phase, fostering a strategic approach to securing intellectual property rights in the dynamic landscape of innovation.