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Intellectual property is an intangible asset – one that can bestow the world with an invention that can make life simple and also contribute to the inventor or his company’s fiscal growth. An Intellectual property brings with it a whole lot of benefits. It can turn an idea into a profit-making asset, enhance the market value of a business and even help raise finances. If a person has created or invented a process, product or service it can be defined as an original invention, and it is in their best interest to get it patented. Patenting one’s invention prevents other competitors from profiting from something created by them.

The patent is an exclusive right granted to the Patentee over his/her invention for a limited period. Through Patent Registration, the patentee shall have all the rights regarding controlling, making, using, selling or importing the patented product or process for producing that product. After Patent Registration, no one will be able to use the invention without the consent of the patentee. However, whether the invention is patentable or not depends upon various factors such as the invention must be innovative which involves an inventive step and which can be used in industry.

The Indian Patent Office (IPO) grants Patent Registration in India for Inventions. Once the Patent is registered, the Applicant gets a monopoly over his/her Invention for a prescribed period (Normally twenty years from the Priority date/Patent filing date). The applicant gets the sole right over the invention to exclude others from making, using, selling and importing the Patent.

To get the Patent Registration in India, a specific procedure provided in the Patents Act, 1970 and The Patents Rules, 2003 needs to be followed. Indian Patent Office with its branch offices in Delhi, Mumbai, Kolkata, and Chennai holds the authority for providing Patent Registration in India. The appropriate jurisdiction for Patent filing under said branch offices is normally decided based on the Applicant’s domicile or place of business or the place from where the invention originated. The Patent Act says that a Patent application for the invention may be made by the “True & First inventor of the Invention” “Assignee of the person claiming to be the true & first inventor” “legal representative of any deceased person who immediately before his death was entitled to make the Patent application” for the Patent Registration. Therefore, only the defined Applicant is eligible for filing of Patent Application for Patent Registration in India.

Inventors can file a patent in two ways:

The inventor can file the patent on their own

The inventor can take the help of a 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 since they have years of experience under their belt. They can complete the necessary patent filing procedures on your behalf.

In case one chooses to engage the services of a professional or agency, they must complete all the formalities related to the patent filing, so that the agency does not pass off his/her invention as theirs. To this effect, one needs to draft a non-disclosure agreement and have their agency professional sign it. This formality needs to be completed before the inventor discloses his/her invention to the professional or agency.

Steps involved in the registration of a patent:

Step 1, Check if the invention is patentable: The first step before filing a patent application in India is to do a detailed patentability search to determine whether a patent can be granted or not. It should include both patent and non-patent references. 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.

Criteria for filing a patent registration application

Novelty

Non-obviousness/ Inventiveness

Industrial application

Step 2, Draft the patent application:  One needs to pay special attention when they are drafting their patent application. The patent application should include clauses such as usability and the outcome of the invention in detail. It should also include the necessary clauses including the person’s intention to license their invention and preventing competition from using and thereby, profiting from their invention.  A patent application is filed in Form-1 with the prescribed fee mentioned in Schedule 1 at a patent office per the jurisdiction. Each patent application is accompanied by a patent specification (Form 2). 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 to block all-important filing dates. You get 12 months to complete the invention and file for a complete patent and if the complete specification is not filed, the application shall be deemed to be abandoned.

Step 3, Filing the patent application: Once the application is drafted, you need to file the patent application in India and secure the filling date. If the Provisional application is filed then a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not filed within that time, the application shall be deemed to be abandoned.

If you are interested in protecting your invention in another foreign jurisdiction you have to file it within 12 months from your first filing date Based on the countries you are interested in. For Patent Registration in India, Indian Patent Office accepts the prescribed Forms and documents along with the Official fees as given under the First Schedule of Patents Rule.

The following forms are to be submitted to the Patent Registration office to complete the Patent Registration process:

Form-1 (Application for grant of a Patent): It includes the details of the Inventor(s), Applicant(s), type of Patent Application is filed, the title of the invention, a certain declaration from the Applicant and signatures of the Inventor(s), Applicant(s) and authorized Person.

Required fees for (in rupees)	Individual inventor	Small entity	Other than small entity
E-filing	1600, for application 160, for each sheet of specification in addition to 30; and 320, ) for each claim in addition to 10	4000, for application 400, for each sheet of specification in addition to 30; and 320, ) for each claim in addition to 10	8000, for application 800, for each sheet of specification in addition to 30; and 320, ) for each claim in addition to 10
Physical Filing	1760, for application 176, for each sheet of specification in addition to 30; and 352, ) for each claim in addition to 10	4400, for application 440, for each sheet of specification in addition to 30; and 880, ) for each claim in addition to 10	8800, for application 880, for each sheet of specification in addition to 30; and 1760, ) for each claim in addition to 10

Form-2 (Provisional/Complete Specification): It includes the information for the type of Application, the title of the invention, description, claims, and abstract of the invention.

Required fees for (in rupees)	Individual investor	Small entity	Other than small entity
E-filing	160, for each sheet of specification in addition to 30; and 320, for each claim in addition to 10	400, for each sheet of specification in addition to 30; and 320, for each claim in addition to 10	800, for each sheet of specification in addition to 30; and 320, for each claim in addition to 10
Physical Filing	176, for each sheet of specification in addition to 30; and 352, for each claim in addition to 10	440, for each sheet of specification in addition to 30; and 880, for each claim in addition to 10	880, for each sheet of specification in addition to 30; and 1760, for each claim in addition to 10

Form-3 (Statement and Undertaking) (No Fee): It includes a statement and undertaking on behalf of the inventor for updating the Controller for any foreign filing Application filed for Patent Registration.

Form-5 (Declaration as to Inventorship) (No Fee): A declaration as to Inventorship must be filed in the Patent Registration Office of India.

Form-26 (form for authorization of a Patent Agent/or any person in a matter or proceeding under the Act) (No Fee): In the case where Patent Application for Patent Registration in India is filed by Patent Agent or Patent Attorney whose services are taken by the inventor(s), a form for authorization must be submitted in the Patent Registration Office.

Further, in the case where the Patent Application for Registration in India is based on the previous Patent Application filed abroad under the Convention Patent Application (as under the Paris Convention) or PCT route, a Priority document must be filed along with the application to the Patent Registration Office along with other required documents.

In the case where the previous Patent Application is in a language other than Hindi or English, a Verified Translation of the same also needs to be submitted to the Indian Patent Registration Office.

Form-28 (To be submitted by a small entity/start-up) (No Fee): To take benefit under the category of small entity/start-up, proof or evidence needs to be submitted.

At last, all the documents, Forms or Drawings must be signed by the authorized person or the inventor.

Step 4, Publishing the patent application: Once the Patent Application is filed, it will be published by the IPO after Eighteen (18) months in the Official Gazette of the IPO for the Public. Publication of Patent Application is an automatic process; it does not require any request from the Patent Office in India. However, if one wishes to publish early, a request for early publication can be filed by the Applicant to the Patent Registration Office. On filing early publication, the Patent Application can be published within one month from the date of filing of the request.

Step 5, Pre-grant opposition: Within 3 months from the date of publication or before the grant of patent whichever is later – any person may file an opposition on limited grounds. Opposition is considered only when a request for examination is filed.

Step 6, Examining the patent application: There is a prescribed form and timeline for applying for registration of the Patent. The application is then examined by the authorities. The Controller examines the Patent Application, only after receiving the request for examination. A request for examination is to be filed by the applicant or any other interested person within 36 months from the date of priority or filing of the patent application, whichever is earlier.

Step 7, Issuance of objections in the report: The Examiner of Patents is required to issue a First Examination Report, within one month but not exceeding three months from the date of the reference. This Report raises various substantive and procedural objections. The applicant has to comply with the objections to put the application for acceptance within 6 months from the date of the Report. This period could be extended by another three months by applying that effect. As a next step, if Controller gets satisfied, he grants the Patent else gives a hearing option to the Applicant.

 Step 8, Decision to grant patent: If the Patent application fulfils the prescribed criteria for a Patent Registration, and the applicant complies with objections raised in the First Statement of Objections within 6 months (extendable by 3 months) from the date of the First Statement, the patent will be granted by the Controller, published in the Official Gazette of the Patent Office India and issue a Certificate for the Patent Registration to the Applicant. If the said conditions aren’t fulfilled the application is deemed to have been abandoned.

Step 9, Post-grant opposition: Within 1 year from the date of publication of the grant of a patent, any person interested may file an Opposition on the grounds enlisted in Section 25(3) of the Indian Patent Act.

Step 10, Renewing the Patent: After the grant of a patent, The patent holder also needs to renew his patent from the 3rd year onward by paying an annual renewal fee. In India, it is possible to renew your patent for 20 years at maximum, from the date the patent was first filed.

Conclusion: For Patent Registration in India, the above-discussed minimum forms and prescribed fees must be filed. It is also important to understand that the Patent Registration in India is a complex and tedious task, every detail should be filed in the prescribed manner and meeting the mandatory timelines. The process is created to ensure that the inventor gets credit for his invention. It also ensures that no other individual can claim rights over the invention. The legal rights one earns with their patent can prevent competitors from using their invention for financial benefits. One can also sue such individuals and claim compensation for using their invention without prior approval. Therefore, every step must be followed carefully and as per the directions provided by the Indian Patent Act and Rules. It is also to be noted that, a patent registered in India, is valid in India only and rights in connection with a patent cannot be exercised by the patent owner outside India. However, if the patent owner wants patent protection in other countries as well then they have to apply to other countries within 12 months of patent registration in India.